Terms of service
TERMS OF SERVICE
Overview
Welcome to Marsen Energy.
Marsen Energy is operated by Senft Pty Ltd ATF Senft Trust, trading as Marsen Energy ("Marsen Energy", "we", "us" or "our").
We operate this website and online store, including the information, content, features, tools, products and services made available through it (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms"), together with any policies referred to in them, describe your rights and responsibilities when you access our website, use our Services or purchase products from us.
Please read these Terms carefully. By accessing or using our Services, you agree to these Terms and our Privacy Policy.
Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law.
1. Access and Accounts
You may be required to provide information including your name, email address, billing information, payment information and delivery address when using our Services or placing an order.
You agree that information you provide to us will be accurate, current and complete.
If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.
You must not use our Services for any unlawful purpose.
2. Products and Product Information
We take reasonable care to provide accurate information about our products, including descriptions, specifications and images.
Product appearance, including colour, may vary depending on your screen, device settings and photography.
Product descriptions, specifications, availability and product ranges may change from time to time. We may discontinue a product or limit the quantities available for purchase.
For technical products, batteries, battery cells and components, customers should ensure that the product is suitable for their intended application before purchase.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
3. Orders
When you place an order through our website, you are making an offer to purchase the products in that order.
We reserve the right to accept or decline an order where reasonably necessary, including where a product is unavailable, there is an error in product or pricing information, payment cannot be processed, or we reasonably suspect fraudulent or unlawful activity.
If we cannot accept an order after payment has been received, we will arrange an appropriate refund.
Please check your order carefully before submitting it. Once an order has been processed or dispatched, we may not be able to accommodate a cancellation or amendment.
Returns, refunds, replacements and exchanges are handled in accordance with our Refund Policy and applicable Australian Consumer Law.
We supply products to both individual and business customers. Additional terms may apply to separately quoted or negotiated commercial or custom work.
4. Prices and Payment
Prices, promotions and discounts may change without notice.
The price applicable to your purchase will be the price displayed when your order is placed, subject to correction of genuine errors and your rights under applicable law.
Shipping or other applicable charges will be displayed during checkout where relevant.
You agree to provide accurate and authorised payment information when making a purchase.
5. Shipping and Delivery
Delivery times provided by Marsen Energy are estimates unless we expressly agree otherwise.
Delivery may be affected by circumstances outside our reasonable control, including carrier delays, dangerous-goods transport requirements, weather, service disruptions and delivery restrictions.
Lithium batteries and cells may be subject to special transport and dangerous-goods requirements, which can affect available delivery methods and destinations.
Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law.
6. Australian Consumer Law
Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law where that law applies.
Depending on the circumstances, these rights may include remedies such as repair, replacement, refund, cancellation and compensation for reasonably foreseeable loss or damage.
Any warranty or other benefit provided by Marsen Energy is in addition to, and does not replace or limit, rights and remedies available under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify a consumer guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified.
7. Intellectual Property
Unless otherwise stated, the content of this website, including Marsen Energy branding, text, graphics, photographs, product information, designs and other original material, is owned by or licensed to Marsen Energy and is protected by applicable intellectual property laws.
Third-party trademarks, product names, logos and other intellectual property remain the property of their respective owners.
You may use this website for lawful personal or business purchasing purposes. You must not reproduce, republish, distribute, commercially exploit or modify our original website content without our prior permission, except where permitted by law.
8. Optional Tools and Third-Party Services
We may provide access to tools, payment services, applications or other functionality provided by third parties.
Your use of third-party services may also be subject to the relevant provider's terms and privacy practices.
We are not responsible for third-party services except to the extent that responsibility cannot lawfully be excluded.
9. Third-Party Links
Our website may contain links to third-party websites or resources.
We do not control third-party websites and are not responsible for their content, availability, accuracy or practices.
You should review the terms and privacy policies of third-party websites before using them or making a transaction through them.
10. Relationship with Shopify
Marsen Energy is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases made through our store are made directly with Marsen Energy. Shopify is not the seller of the products purchased from Marsen Energy.
Nothing in this section limits any rights you may have against Marsen Energy under applicable law.
11. Privacy
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our online store is hosted by Shopify, certain personal information may also be collected and processed by Shopify and other service providers involved in operating our website, processing payments, fulfilling orders and providing related services.
Please refer to our Privacy Policy for further information.
12. Feedback and Reviews
If you provide reviews, feedback, suggestions, photographs or other content to Marsen Energy, you confirm that you have the right to provide that material and that it does not infringe another person's rights.
You grant Marsen Energy permission to use feedback or reviews you voluntarily provide for legitimate business purposes, including improving and promoting our products and Services, subject to applicable law.
We may remove content from our website where we reasonably consider it unlawful, misleading, offensive, infringing or otherwise inappropriate.
13. Errors, Inaccuracies and Omissions
Despite our efforts to maintain accurate information, our website may occasionally contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, specifications, pricing, availability or shipping.
We may correct errors and update information when they are identified.
Where an error affects an order you have placed, we will deal with the matter in accordance with applicable law and contact you where appropriate.
14. Prohibited Uses
You must not use our website or Services:
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for unlawful or fraudulent purposes;
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to infringe intellectual property or other legal rights;
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to transmit malicious software or harmful code;
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to interfere with the operation or security of the website;
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to impersonate another person or provide deliberately false information;
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to collect personal information unlawfully;
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to send spam or other unauthorised communications; or
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in any way that violates applicable laws or regulations.
We may restrict or terminate access to our Services where reasonably necessary to protect Marsen Energy, our customers, Shopify, our service providers or the security and operation of the website.
15. Automated Access and Agents
Automated systems, bots, artificial-intelligence agents or other software must not access or interact with our Services in a manner that circumvents security measures, access restrictions, CAPTCHAs or other measures designed to manage automated access.
We may limit or block automated access where reasonably necessary to protect the website, our customers or our Services.
16. Disclaimer
Information provided on our website is intended to assist customers in selecting and using our products.
Customers are responsible for ensuring that products are appropriate for their intended application and are installed, handled, charged, stored and used appropriately.
Lithium-ion batteries, battery cells and associated components require appropriate handling and use. Customers should follow applicable product instructions, safety information and manufacturer documentation.
To the maximum extent permitted by law, we do not accept responsibility for loss or damage resulting from misuse, incorrect installation, unauthorised modification, inappropriate charging or use of a product outside its intended specifications.
Nothing in this section excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
17. Limitation of Liability
To the maximum extent permitted by law, Marsen Energy's liability will be limited where and to the extent such limitation is permitted by applicable law.
Nothing in these Terms excludes, restricts or modifies liability, consumer guarantees, rights or remedies that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
18. Indemnity
To the extent permitted by law, you agree to be responsible for loss or damage reasonably arising from your unlawful use of our Services, your material breach of these Terms, or your infringement of another person's rights.
Nothing in this section is intended to impose liability where doing so would be unlawful or would constitute an unfair contract term under applicable law.
19. Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed or limited to the extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
20. Entire Agreement and Waiver
These Terms and the policies referred to in them form the terms governing your use of our website and Services, except where separate written terms have been agreed with Marsen Energy.
A failure by Marsen Energy to exercise a right under these Terms does not constitute a waiver of that right.
Nothing in this section excludes representations, guarantees or other rights that cannot lawfully be excluded.
21. Assignment
You must not transfer your rights or obligations under these Terms without our prior written consent where consent is reasonably required.
Marsen Energy may transfer its rights and obligations as part of a legitimate transfer, restructure or sale of its business, subject to applicable law.
22. Governing Law
These Terms are governed by the laws applicable in Western Australia, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Western Australia, subject to any rights a consumer may have under applicable law to bring proceedings elsewhere.
23. Changes to These Terms
We may update these Terms from time to time to reflect changes to our business, Services, website or applicable requirements.
The current version will be published on this website.
Changes will apply from the date the updated Terms are published or from any later date specified by us, subject to applicable law.
24. Contact Information
Questions about these Terms of Service can be directed to:
Marsen Energy
Senft Pty Ltd ATF Senft Trust
Trading as Marsen Energy
54 Newnham Road
Lake Clifton WA 6215
Australia
Email: admin@marsen.com.au
Phone: 0405 160 708
ABN: 25 340 056 632