Terms of service

WEBSITE TERMS AND CONDITIONS

Welcome to our Website. In these terms and conditions, “we” “us” and “our” refers to “Progetto Enterprises Pty Ltd” (ABN94 684 325 086) (“Progetto Enterprises/Us/Our”).  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. 

These Terms and Conditions apply to all Orders for goods and services provided to you by Progetto Enterprises. By browsing our website you agree to be bound by the following terms and conditions.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Definitions 

Progetto Enterprises refers to “Progetto Enterprises Pty Ltd” (ABN 94 684 325 086) and includes references to “we”, “us” and “our”.

Fees means the purchase price paid by a Customer for the Orders pursuant to this Agreement.

Copyright means:

  1. any copyright under the Copyright Act 1968 (Cth);

  2. any copyright under the law of a country other than Australia; and

  3. rights in the nature of, or analogous to, the rights in 1.1(a)(i) and 1.1(a)(ii) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).

Customer means any customer of Progetto Enterprises who uses Progetto Enterprises’s website and/or the Progetto Enterprises Services and includes references to “you” or “your”. 

Force Majeure and Force Majeure Event have the meanings provided at clause 67.

GST means the term as defined in the A New Tax System (Goods and Services Tax) Act 1999.

Intellectual Property includes trade marks, patents, Copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former.

Orders means an order for goods and/or services made through the PROGETTO ENTERRPISES website

Website means our Progetto Enterprises website located at www.tomatorocketcutter.com 


Progetto Enterprises WEBSITE ACCESS TERMS

Our Progetto Enterprises Website

  1. You must be over the age of eighteen (18) years to browse and order the Services from our website.  By proceeding to browse through our website and use the Progetto Enterprises Services, you acknowledge that you are over 18 years of age. 

  2. All prices are in Australian Dollars (AUD) and are exclusive of GST.  We endeavour to ensure that Our Price List is current.  Our Price List, including our current Fees can be accessed from our home page and we reserve the right to amend our Price List at any time.  If you have made an Order and our Price List is amended prior to the Order being placed we reserve the right to cancel your Order.

  3. We reserve the right to change, modify, add or remove portions of our site at any time. You agree that is it your responsibility to ensure you are aware of any changes to our site. We will use our best endeavours to highlight significant or substantive changes where possible. If you choose to use our website then we will regard that use as your acceptance of these terms. 

Website Service Descriptions

  1. We strive to ensure that our goods and services are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.  

  2. Images on our website have been provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will accurately reflect or portray the goods and services depicted. 

Website Disclaimers

  1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. 

  2. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

  3. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. 

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use. 

  2. You are not permitted to download any web content provided via the Progetto Enterprises Website. Your use of our content in any other way infringes our Intellectual Property Rights.

  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. 

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only. We take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. 

  2. You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any Intellectual Property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 


Progetto Enterprises SERVICE TERMS

Product Orders

  1. All products displayed on our website do not constitute an offer to sell, it is an invitation to treat only. 

  2. You must review your Order carefully before placing it. Once an Order has been confirmed by us the Order cannot be cancelled and the payments refunded unless we cancel the Order or are unable to fulfil your Order.

  3. We undertake to accept or reject your Order within seven (7) days.  If we have not responded to you within seven (7) days, your Order is deemed to be rejected.  We are not required to give reasons for rejecting your Order, however the most likely reason for rejecting your Order will be that we do not currently have that product in stock.

  4. To make an order for the Progetto Enterprises products, we must collect the following information from you before we can proceed with confirming an Order:

  1. Customers full name;

  2. Contact phone number with area code;

  3. Delivery address;

  4. Email address;

This information is collected to allow Progetto Enterprises to complete your Order and provide their products and services to you. 

Product Delivery

  1. An Order is deemed delivered once Progetto Enterprises have sent the product out for shipping.

  2. All Orders are shipped using a shipping company at the discretion of Progetto Enterprises unless the customer specifies their preferred shipping courier at the time of making an Order. 

  3. The Customer is responsible for ensuring the nominated shipping address is correct and current. Customer’s must communicate any specific needs or delivery requests at the time of Order. 

  4. You acknowledge that all products delivered to you from us will be delivered using a third party carrier and you accept that all title in and risk to the products will pass to you upon the third party carrier being given possession of the products by us. We are not responsible for any breakage or damage to the products during delivery and expressly excludes any liability in relation to this.

  5. Any delivery times made known the Customer are estimates only, we accept no responsibility for any late delivery. 

  6. We will provide you with as much assistance as reasonably necessary to enquire with the third party carrier in the event goods are lost or damages in transit provided that the Customer has notified us in writing. We accept no responsibility to the Customer for any loss or damage to Goods in transit caused by any event of any kind or by any person. 

Payment

  1. All prices are in Australian Dollars (AUD) and are exclusive of GST. We reserve the right to amend our Fees at any time.  

  2. All payments must be made by either credit card or bank transfer.  

  3. All payments are processed using Paypal. By making a purchase for our goods on our website you hereby agree to Paypal’s terms and condition and privacy policy. 

  4. The Fees are listed at point of purchase when making purchasing an online package. While Progetto Enterprises use best endeavours to ensure the Fees are correct and up to date, the Customer agrees that Progetto Enterprises is not liable for any loss or damage resulting from any error or omission contained in the Fees listed. 

Change of mind cancellations 

  1. To the maximum extent permitted by law Our Fees for Our products and services are non-refundable once the purchase has been finalised. Nothing in this clause is intended to affect any right to a refund under Australian Consumer Law. 

  2. Once a purchase has been made by the Customer and accepted by Progetto Enterprises it is final. Progetto Enterprises do not accept returns for change of mind. 

  3. Progetto Enterprises do not offer refunds for any reason for used or open products. All products must be returned in their original condition and all shipping costs to return products subject to clause 28 above are at the expense of the customer. 

Damaged or Faulty goods

  1. Our goods come with guarantees that cannot be excluded under Australia consumer Law. In the event you receive products that are faulty or damaged, the customer must notify Progetto Enterprises within at least thirty (30) business days of purchase and provide photographs of damage to our email address info@tomatorocketcutter.com 

  2. In the event that we confirm in writing that a product has a fault we will endeavour to provide either a replacement product or refund for the faulty or damaged products. 

  3. All warranties provided under these terms apply only to the original purchase of the goods. Original purchaser must provide proof of purchase at time of request of damaged goods claim. 

  4. All faulty or damaged products must be returned by shipping back to Progetto Enterprises. Please note thar any costs of returning products is not covered under this warranty and that shipping and re-stocking costs will be decided at the discretion of Progetto Enterprises. 

  5. Clauses 29 to 32 and this warranty do not apply to the following events:

  1. Damage caused to products from improper use by the Customer; 

  2. Normal wear and tear;

  3. Improper assembly or use of the product against any instructions or directions provided by us with the products; 

  4. Improper storage; and

  5. Failure to follow any cleaning or maintenance guidelines. 

Limitation of Liability for misuse of products

  1. The Customer acknowledges that the products contain sharp points and there is an inherent risk of injury if the products are used against the directions and safety procedures provided by Progetto Enterprises.

  2. To the maximum extent permissible by law, Progetto Enterprises and its employees, directors, agents accepts no liability for any loss, injury or damage, including consequential loss or damage that arises from the Customers improper use of the Products. 

Discounts and Promotions

  1. We issue discount codes and offers for our Progetto Enterprises Services from time to time. All discount codes are single use only and are limited to one (1) use per person. 

  2. Discount codes cannot be redeemed for cash value and no refunds or cash alternatives will be offered. 

  3. Promotions and discounts must be applied at the time of booking and cannot be retroactively applied to a previous booking. 

  4. Unless specified otherwise all discount codes expire after 6 months from issue date.



GENERAL TERMS

Progetto Enterprise’s Intellectual Property Rights

  1. The Copyright to all content on this website operated by Progetto Enterprises including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. 

  2. All trade marks, brands and logos which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

  3. All content provided by Progetto Enterprises with the products or on their website, including any instruction manuals, labelling, pdfs and other documents provided with the products are licensed to you for your use only and you are not permitted to redistribute or re-use any Progetto Enterprises content. 

  4. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through our website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. 

  5. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and Copyright. 

Disclaimers and Warranties

  1. Progetto Enterprises provide no warranty either express or implied, including without limitation warranties of merchantability or fitness for purpose of the products. 

  2. While Progetto Enterprises and our chosen payment processing service Paypal employs secure technology for transactions with Customer, Progetto Enterprises will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Progetto Enterprises. 

Limitation of Liability

  1. To the maximum extent permitted by law, Progetto Enterprises and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, the products our Website, the Terms and Conditions, or the use of this site by you or any other person. 

  2. To the fullest extent permitted by law, Progetto Enterprises is not liable to any Customer for any consequential loss. 

  3. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 

  4. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from products we have supplied. 

Australian Consumer Law 

  1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. 

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods and/or services to you, if they are defective then:-

  1. We will replace the goods or any part of them that is defective; or

  2. Provide again or rectify any services or part of them that are defective; or

  3. Wholly or partly recompense you if they are defective.

  1. To the maximum extent permitted by law, Progetto Enterprises’ liability for any breach of Schedule 2 of the C&C Act is limited to; the supplying of the services again; the replacement of the goods; the payment of having the goods or services supplied to you again. 

  2. If you are a consumer within the meaning of the C&C Act this clause has no effect whatsoever. If you are not a consumer within the meaning of Schedule 2 of the C&C Act this clause applies to you. If you are not a consumer:

    1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of those goods and services again or payment of the costs of having those goods and services supplied again. 

Indemnity

  1. By accessing our website or purchasing our products, each Customer agrees to indemnify and hold Progetto Enterprises harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website or the Progetto Enterprises Services in addition to any additional indemnities contained in these terms and conditions. 

    1. Third Party Intellectual Property claim Indemnity: By accessing our website and using our Progetto Enterprises Services a Customer agrees to indemnify and hold Progetto Enterprises harmless from all claims by third parties arising from use of the Progetto Enterprises Services which violates or infringes the Intellectual Property Rights or privacy of any third party. 

    2. Progetto Enterprises Services Indemnity: To the maximum extent permitted by law the Customer hereby indemnifies and agrees that Progetto Enterprises will not be liable to any Customer for:

  1. any damage, loss, reduction in value or depreciation caused to any personal property of the Customer while using the Products;

  2. any damage, injury or illness sustained by the Customer by using the Products 

  3. Any delays or disruption in delivery of the products arising from a Force Majeure Event.  

Force Majeure

  1. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control and includes, without limitation, flood, fire, natural disaster, abnormal weather conditions, war, strikes, embargoes, refusals to grant licenses, public health emergencies and acts of god (a “Force Majeure Event”). 

  2. If a Force Majeure event causing delay continues for more than thirty (30) days, Progetto Enterprises may terminate an Order by giving at least seven (7) days notice to the affected Customer.  

Notice

  1. Any notices or other communications between Progetto Enterprises and the Customer will be provided electronically and given via email, the Progetto Enterprises website or messaging service such as SMS. 

Severability

  1. If any provision of these terms and services are held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and services and remainder of the provision in question will not be affected.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.

  2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.


PRIVACY 

  1. Progetto Enterprises treat all personal information in accordance with all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.

  2. We are required to obtain personal information from you to provide our services to you, including contact information such as address and email address in order to provide the Progetto Enterprises Services. Personal information may include your contact information (such as full name, email address, portal or residential address and phone number) and financial information such as credit or debit card details for the purpose of processing payment. 

  3. Progetto Enterprises may be required to disclose information in good faith and where we are required to do so under the following circumstances: 

    1. by law or by any court; 

    2. to enforce the terms of any of our customer agreements; or

    3.  to protect the rights, property or safety of our customers or third parties.

  4. When you acquire or access any goods or services from a third party through this site, such as PayPal, we will provide that third party such information necessary to enable it to process and administer your order. 

  5. We undertake to take all due care with any information which you may provide to us when accessing our website or engaging our Services. However, we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  6. Personal Information obtained about the Customer is stored and protected in accordance with the Privacy Act 1988 (Cth). In Our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.

  7. You may click-through to a third-party link from this website, in which case we recommend to refer to the Privacy statement of any website you visit. This Privacy clause applied to this Website and we assume no responsibility for the content of any third-party website.

  8. Progetto Enterprises do not share Customer personal information with any third party unless required by law. 

  9. We endeavour to deal with all requests for personal information as quickly as possible, requests for large volumes of personal information that has been archived may require further time to be provided. In some cases, we may refuse to give a Customer access to personal information in circumstances where providing access would be unlawful, would impact another person’s privacy, would prejudice an investigation into unlawful activity or prejudice anticipated legal proceedings. Where access is refused, we will provide you with a statement that outlines the reasons for our refusal.

  10. In the event that a Customer requires more information about the way we manage your personal information, would like express a concern about their privacy or would like to request that we delete any personal data held by us, please email us to info@tomatorocketcutter.com.  


By proceeding with an Order you confirm that you have read, understood, and agreed to these terms and conditions. For any inquiries or assistance, please contact us at info@tomatorocketcutter.com