Terms of service

 

The Blade Runner (“TBR”) Terms and Conditions

The Blade Runner (“TBR”) provides users (“You”) who access this Website (“https://www.thebladerunner.com.au/ ”) with a limited/restricted license to view and utilise the information for appropriate use only.

It is agreed that in consideration of the mutual covenants and promises set forth, the parties agree as follows:

Acceptance     

By visiting/browsing the Website and/or making a Purchase with TBR, You agree to the Terms and Conditions (“Agreement”).

Product Orders and Descriptions


Any Products, Orders or Purchases that occur and/or are contained within the Website are displayed in Australian Dollars (“$”) and will be billed in this manner when using the Checkout.
At the time of making any Purchase from TBR, You warrant and confirm that You are eighteen (18) years of age or older. Anyone who is under the age of eighteen (18) years must not make any Purchases from TBR.TBR reserves all rights to refuse and/or cancel Purchases to any individual who is reasonably suspected of being under the age of eighteen (18) years and shall not be liable for such Purchases made by Minors.

Product Variation


Due to the handmade nature of the Products/Knives, there are inherent differences between Products. TBR shall not be liable for any such minor differences in weight and/or size of the Products as displayed on the Website. TBR has taken reasonable steps to ensure that any Products provided on the Website match the description and quality as detailed and advertised.

Security


TBR shall not be liable for any data that is lost or misused after a malicious attack from an external party. TBR shall take reasonable steps to ensure the protection and privacy of information for You when using or accessing the Website, including when attending to the payment for Products.

Safety


The Knives that are displayed and/or sold on the Website are for professional use only. Individuals who Purchase and use such Knives warrant that they are experienced in using such Products, possess the suitable skills and have any necessary qualifications to utilise such Products when Purchasing any Products from the Website.


Individuals must ensure that adequate care is taken when using any of the Knives. The Products must not be used by children, or anyone aged under eighteen (18) years of age, nor anyone who is inexperienced in using such specific kitchen grade Knives. These are dangerous Products and TBR shall not be liable for any injury, damage or loss resulting from the misuse of such products.

Warranty


The misuse or inappropriate use of the Knives will void any Warranty that is provided. The Knives have an extremely sharp and very fine edge. As such, the Knives must not be used to cut any frozen objects/items/products, bones, or any other hard surfaces including, but not limited to, stone, granite, steel, or glass surfaces. TBR shall not be liable nor responsible in any regard for any injuries resulting from the use of the Knives. TBR has provided suitable information to You to ensure that the Products are used appropriately for their intended purpose, including the “Care Instructions” as provided on the Website.

Payment

TBR shall only accept the following payment methods:

  1. Credit Card via Stripe;
  2. EFTPOS;
  • Afterpay;
  1. PayPal; and

It is your responsibility to ensure that adequate funds are available for payment via one (1) of the above payment methods.

Click and Collect

TBR provides that certain Products may be collected in Newcastle only. When making your Purchase/lodging your Order at the Checkout please ensure that you mark the necessary areas to allow for Click and Collect to occur. TBR reserves the right to reasonably refuse any Click and Collect requests and shall contact You in relation to arranging and finalising a Click and Collect Purchase made from the Website.

Returns, Refund and Exchange Policy


Products may be Returned (for a Refund) within seven (7) calendar days of You receiving the Product, subject to the below conditions.

Items cannot be Returned and/or Exchanged beyond seven (7) calendar days. TBR has the sole discretion to accept any request for Returns and/or Exchange, acting reasonably. If you do have a Warranty and/or defect concern with the product, please contact us via TBR email at: info@thebladerunner.com.au . We will endeavour to respond to you as quickly as possible.

Returns (Refunds) shall not be provided for You changing your mind and/or no longer wishing to use the Product. Returned Products are required to be new in the original box as was provided when the Product was Purchased, and any used Products shall not be accepted by TBR for Return.


Many of the specialist commercial grade Knives require special care, upkeep and ongoing maintenance, including, but not limited to, the range of High-Carbon Knives that are not stainless steel. Used Knives that have patina or rust from a lack of care will not be provided Returns/Refunds. TBR shall inspect the Returned Product and has the sole discretion when determining whether an Exchange/Return/Refund is to be provided to You. If TBR determines, acting reasonably, that your request is valid, TBR shall arrange credit to You within a reasonable time.
Please note that all related Shipping Costs are non-refundable in all circumstances.

Governing Law and Jurisdiction

Any and all claims shall be made in accordance with the laws of NSW and/or the applicable Australian Consumer Laws.

Confidential Information

Confidential Information means any information which is designated as confidential in the manner provided by this Agreement, or is otherwise confidential or commercially sensitive, and includes any other information which is developed by using such Confidential Information.

Each party:

(a) Except as permitted under this clause, must keep confidential all Confidential Information of the other party;

(b) May use the Confidential Information of the other party solely for the purposes of this document, or a Purchase through the Website; and

(c) May disclose Confidential Information of the other party only: with the prior written approval of the other party, officers, employees, representatives and consultants or advisers of the party or its Related Bodies Corporate (including, but not limited to the party’s insurers, insurance brokers and bankers) who:

(A) Are aware and agree that the Confidential Information must be kept confidential; and

(B) Either have a need to know (and only to the extent that each has a need to know), or as required to be disclosed by law or any order of any court, tribunal, authority or regulatory body.

(C) Each party must notify the other party immediately once it becomes aware of any breach of confidentiality and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.

Interpretation

In the interpretation of this Agreement, unless the context otherwise requires, the following rules apply:

(a)           Headings and subheadings are for convenience only and do not affect interpretation;

(b)           Words denoting the singular number include the plural, and the converse also applies;

(c)           Words denoting any gender include all genders;

(d)           A defined word or expression has corresponding effect in relation to its other grammatical forms;

(e)           Any reference to dollars or “$” is to Australian currency;

(f)           Any reference to a party to any agreement or document includes its executors, administrators, legal personal representatives, successors and permitted assigns and substitutes by way of assignment or novation;

(g)           Any reference to any agreement or document includes that agreement or document as amended, ratified, supplemented, novated or replaced at any time;

(h)           Any reference to a provision, comprising a clause, recital, schedule, annexure, exhibit, appendix, or attachment, is a reference to a provision of this Agreement;

(i)            Any reference to any legislation or regulation includes amended, replacement and successor provisions or legislation;

(j)            The words “include”, “including”, “for example”, and similar expressions are used without limitation;

(k)           The expression “at any time” includes reference to past, present and future time and the performance of any action from time to time and any liability at all times during any specified period;

(l)            Any liability, representation or warranty undertaken by, or right conferred on, two or more persons binds or benefits all of those persons jointly and each of them severally;

(m)         If any provision of this Agreement is wholly or partly invalid, unenforceable, illegal, void or voidable, this Agreement must be construed as if that provision or part of a provision had been severed from this Agreement and the parties remain bound by all of the provisions and part provisions remaining after severance;

(n)           Time is of the essence in this Agreement;

(o)           This Agreement is the entire agreement between the parties and supersedes any and all communications, negotiations, arrangements and agreements, whether oral or written, between the parties in respect of the matters that are the subject of this Agreement;

(p)           TBR shall take all reasonable steps to ensure that your personal information is securely held and protected from misuse or unauthorised access;

(q)           Neither party will be liable for any delay or failure to perform its obligations pursuant to this agreement where such delay is due to force majeure;

(r)            This Agreement shall be governed by and construed in accordance with the laws of New South Wales; and

(s)           The Australian Consumer Law provides you with rights that are not affected by this Agreement and any provision in this Agreement is subject to the implied terms and conditions of that and any corresponding Federal legislation.

Intellectual Property

You acknowledge and agree that it is a condition of this Agreement that TBR is the owner of all Intellectual Property (“IP”) rights in all documents, agreements, Websites, materials, or other things created or contributed to by You or that make use of TBR resources/materials.

If for any reason any creation or contribution of any documents, agreements, materials, information or other things results in any rights, title or interests vesting in You, You must unconditionally and irrevocably assign all of your rights, title and interests to TBR (or any person nominated by TBR) and do all things necessary for this to occur.

You must, do each of the following, pursuant to this Agreement and IP rights:

(a)           Sign any necessary documents and do all things that TBR may require for perfecting the assignment of the IP rights; and

(b)           Assist in all administrative and legal procedures before any relevant authority, court or other relevant body brought by, for or against TBR (or any person to whom TBR directs You make an assignment involving IP rights owned by or assigned to TBR pursuant to these terms and conditions.

All materials, Websites, agreements and other related matters solely remain the property of TBR. You must not share any IP accessed or provided by TBR with any other third party, without the prior written consent of TBR.

Force Majeure

Force Majeure means an act, event or cause which is beyond the reasonable control of TBR or You, including acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, grievous bodily diseases, pandemic related matters and any natural disasters, acts of war, terrorism, riots, malicious damage, sabotage and strikes. In the event of a Force Majeure, the obligations of TBR and You shall be put on hold until such time that is reasonable to proceed with such obligations.