TERMS OF USE

1. The website https://www.Weisshorn.com.au (the Site) is owned and operated by New Aim Pty Ltd (ABN 50 115 804 432) trading as Weisshorn (we, our, us or the Company). The company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders. “you” and “your” refer to the user or customer of this site.

2. Your access to and use of the site and the data it contains (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices, and disclaimers contained on this page and elsewhere on the site (Terms of Use).

3. By using the site or the services, features, or functionality offered through the site (services), you agree to be bound by these terms of use. Additionally, our warranty and refunds policy and shipping policy will apply if you make any purchase on the site (purchase). If you do not agree with the terms of use, do not use the site.

ELIGIBILITY TO USE OUR SITE

4. This site and its information are intended and applicable for users who are residing in and using the site within Australia only. to create an account and use the site, you must be over 18 years of age.

INFORMATION ON THIS SITE

5. The site and the content on the site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed by the company.

6. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

7. Information about goods on the site may be based on material provided by third-party merchants, suppliers and/or product manufacturers. While we take reasonable steps to ensure that product information is accurate and up to date, minor inaccuracies, typographical errors or non-material discrepancies may occur from time to time. To the extent permitted by law, and subject to your rights under the Australian Consumer Law, we are not responsible for minor errors or omissions in product information that do not materially affect the nature, characteristics, or suitability of the goods.

8. Due to photographic, lighting and screen limitations, the visual appearance of products displayed on the site (including colour) may vary slightly from the products as supplied. In some cases, product images may be illustrative or styled for promotional purposes. Any such variations or illustrative depictions are intended to reflect the general appearance of the product only and do not constitute a representation that the product supplied will differ in any material respect from the product description. Nothing in this clause limits your rights under the Australian Consumer Law.

PRIVACY

9. By accepting these terms of use, you agree to the collection, use, and sharing of information in accordance with our Privacy Policy

10. When registering an eligible product for an extended warranty in accordance with our extended warranty provision contained in our warranty and refund policy, you agree to opt-in to receive marketing communications from us. This includes promotions, newsletters, and special offers related to all our products and services, including products and services from affiliated brands. you may opt-out at any time by following the unsubscribe instructions included in the communications or by contacting us directly via the contact us form on the site.

11. You also agree to comply with all applicable privacy and data protection laws in uploading any data to the site and warrant that all relevant consents have been obtained from any identifiable individuals.

ORDER AND CANCELLATION

12. You must pay the full purchase price for a product at the time you place an order through the site, using one of the payment methods made available to you.

13. An order submitted by you constitutes an offer to purchase. We will only accept an order where we have reasonable grounds to believe that the product can be supplied within a reasonable time. A contract of sale is formed only when we dispatch the product to you and issue a shipment confirmation.

14. We may cancel or refuse to process an order prior to dispatch where there is an error in pricing or availability, suspected fraudulent activity, where supply is not reasonably available, or where the order appears to be placed for resale (including by a dealer, reseller or distributor). If an order is cancelled, any payment received will be refunded as soon as reasonably practicable.

15. Order confirmation communications are acknowledgements of receipt only and do not constitute acceptance of your order.

16. For products offered on a pre-order basis, estimated availability dates are indicative only. We will not accept a pre-order where we have reasonable grounds to believe the product cannot be supplied within a reasonable time. If a pre-order is cancelled prior to dispatch, any amounts paid will be refunded.

17. Once a product has been dispatched, the sale is final, subject to your rights under applicable consumer protection laws and our Warranty and Refunds Policy.

18. If you wish to cancel an order prior to dispatch, you must contact us promptly via the Contact Us form. We will make reasonable efforts to accommodate cancellation requests but are not obliged to cancel orders that have already been processed or dispatched.

PRICING

19. All prices are quoted in Australian Dollars and include GST (Goods and Services Tax).

20. Product prices listed on the site exclude delivery costs and charges. Any applicable delivery costs, including any minimum delivery charge that applies to the product, will be disclosed on the relevant product page or during the checkout process before you complete your purchase and will be added to your order total prior to payment.

21. We reserve the right to change prices for products displayed on our site at any time without notice.

DELIVERY OF GOODS

22. We only deliver within Australia at present.

23. Items will be delivered to the address you nominated while placing your order. We are not liable for late or missing deliveries if an incorrect address is given.

24. By default, you provide authority to leave items at the address specified in your order.  If the delivery driver deems the area unsafe in their discretion, your order will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to our fulfilment centre.  If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

(A) Charge you for our reasonable, directly incurred costs resulting from the failed delivery or collection, including carrier re-delivery, return or short-term storage fees; and

(B) cancel the applicable contract and refund any money paid by you in accordance with our Warranty and Refunds Policy, less those reasonable, directly incurred costs.

Any fees or deductions under this clause will not exceed the costs reasonably incurred by us as a result of the failed delivery or collection and will be proportionate to the circumstances.

25. Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via the contact us form on the site.

26. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service.  If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

27. Unless otherwise specified, risk in the product passes to you on delivery. If delivery is delayed due to your acts or omissions (including unreasonable refusal to accept delivery or failure to collect), risk passes when delivery would otherwise have occurred but for that delay. CANCELLATION

28. We may terminate a contract if, after accepting your order, the product becomes unavailable despite us having reasonable grounds at the time of acceptance to believe it could be supplied. If this occurs, we will notify you as soon as reasonably practicable and refund any payment you have made using the same payment method originally used, or an alternative method if necessary.

29. If you wish to cancel your order, please contact us via the Contact Us form on the site. Orders may be cancelled at any time prior to dispatch. Once a product has been dispatched, the order cannot be cancelled and the product must instead be returned in accordance with our Warranty and Refunds Policy.

PRODUCT REVIEW MESSAGES

30. We welcome your feedback on our products. As a courtesy, we ask that you do not use obscene, offensive, or threatening language in your communications with us. you are solely responsible for your messages and we are not liable for any content submitted by you. We reserve the right to remove the content you submit at any time.

INTELLECTUAL PROPERTY RIGHTS

31. The site and its content, including all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos, and trademarks on the site (content) are protected by copyright, trademark, and other intellectual property laws.

32. Except as otherwise expressly provided for in these terms of use, or as authorised by us in writing, you will not, and will not permit or authorise third parties to: (a) modify, copy, reproduce, or publish the content; or (b) create a derivative work, or reverse engineer or reverse assemble the content.

33. You can browse the site freely and print it out for personal or non-commercial use.

34. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. any registered trademarks and logos on the site must not be used or modified in any way without obtaining prior written consent from us.

35. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

36. If you print off, copy, or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

37. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

USER DATA

38. By uploading or submitting any data, images, audio, video, reviews or other content to the site (User Data), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, publish, adapt and communicate that User Data for the purposes of:

(a) operating, administering and improving the site and our services;

(b) displaying user-generated content (including reviews) on the site; and

(c) our related marketing and promotional activities,

in each case subject to our Privacy Policy and applicable law.

39. You warrant that you have all necessary rights, permissions and consents to upload the User Data and to grant the licence in clause

40, including any consents required from identifiable individuals.

41. You acknowledge and agree that it is your responsibility to ensure that: (a) your User Data does not infringe any intellectual property rights, privacy rights, or any other rights of any person; and (b) your submissions and use of the User Data does not breach any law or obligations of confidentiality .

CORRECTION OF ERRORS AND INACCURACIES; LIMITATIONS ON QUANTITY

42. We take reasonable care to ensure that product descriptions and other content on the site are accurate and up to date. However, from time to time, minor typographical, technical or non-material errors may occur. To the extent permitted by law, we reserve the right to correct such minor errors at any time without prior notice. Where an error materially affects a product’s price, description or availability, we will not accept or will cancel the relevant order and provide a full refund in accordance with applicable consumer protection laws, including the Australian Consumer Law.

43. We endeavor to display the colours of the products on the site as accurately as possible. However, the colour of the product you see depends on your monitor, and we cannot guarantee that there is no colour deviation from the actual product.

SITE ACCESS

44. Due to random technical errors, we do not guarantee all-time access to the site. We do not guarantee that we will continue operating all or any part of the site.

ACCESS TO THE SITE

45. You agree and acknowledge that use of the services is at your sole risk.

46. You agree that you will not:

(A) Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site;

(B) Use the site, services, or content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these terms of use;

(C) Use any robot, spider, or other automatic device, process, or means to access the site for any purpose, including monitoring or copying any of the material on the site;

(D) Compromise the security of the site;

(E) Use or attempt to use another person’s Weisshorn account without authorisation;

(F) Upload or publish content that:

(i) May infringe the intellectual property rights of any person;

(ii) Impersonates any person or entity or otherwise misrepresents your relationship with Weisshorn or any other person;

(iii) Is false, misleading, defamatory, slanderous, obscene, inappropriate, harassing, or abusive of another person or is invasive of another person’s privacy;

(iv) Contains or promotes sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(v) Promotes any illegal activity, or advocates, promotes, or assists any unlawful act;

(vi) Is otherwise contrary to law;

(vii) Has been solicited by an incentive or payment from another person; or

(viii) Contains viruses, malware, or any other malicious software or data;

(G) Use the site, services, or content in a manner that violates the publicity, privacy, or data-protection rights of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the terms of use;

(H) Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent;

(I) Use any device, software, or routine that interferes with the proper working of the site;

(J) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

(K) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the site, the server on which the site is stored, or any server, computer, or database connected to the site;

(L) Attack the site via a denial-of-service attack or a distributed denial-of-service attack; or

(M) Otherwise attempt to interfere with the proper working of the site.

LIMITATION OF LIABILITY, NO WARRANTY, AND DISCLAIMER

47. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms of use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law.

48. To the extent permitted by law, and subject to clause 48:

(a) we exclude all liability for any loss or damage that is indirect or consequential; and

(b) our total liability to you for any loss or damage arising out of or in connection with the site, the services, the content or any product supplied by us is limited to the amount paid by you to us for the relevant product or service.

49. We are not liable for loss or damage arising from:

(a) misuse, mishandling or incorrect installation of a product by you or any third party; or

(b) any act or omission of a third party, including carriers or service providers,

except to the extent such liability cannot be excluded under the Australian Consumer Law.

50. Except as required by the Australian Consumer Law, and subject to clause 48, we make no warranties or representations in relation to the site or the content, including that access will be uninterrupted or error-free.

51. To the extent permitted by law, and where the Australian Consumer Law permits us to limit our liability for failure to comply with a consumer guarantee (other than a guarantee relating to title)  our liability is limited, at our option, to:

(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired.

52. This clause applies to the fullest extent permitted by law and survives termination of these terms of use.

INDEMNIFICATION

53. You agree to indemnify us, our officers, directors, employees and agents against any loss, damage, liability or expense reasonably incurred by us as a result of any third-party claim made against us arising from:

(a) your breach of these terms of use;
(b) your unlawful use of the site;
(c) any User Data or other content you submit to the site that infringes the intellectual property rights, privacy rights or other rights of a third party; or
(d) your misuse of another person’s account or identity.

This indemnity does not apply to, and does not limit, any rights or remedies available to you under the Australian Consumer Law.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

54. The site may contain links to third-party websites or platforms that are not owned or controlled by us, including websites operated by delivery partners, payment providers, social media platforms, review providers, influencers, marketplaces or other third parties..

55. We do not make any representation or warranty in relation to, and do not endorse, approve or adopt, any content, claims or representations made on any third-party website, including any statements, reviews or representations about our products. The inclusion of a hyperlink is provided for convenience only and does not constitute approval of, association with, or endorsement of the third-party website or its content. Any information regarding our products on third-party websites (including pricing, availability, reviews or descriptions) may differ from the information provided on our site, which remains the authoritative source for information about products sold by us. You access third-party websites entirely at your own risk and subject to the terms and conditions applicable to those websites.

WE ARE NOT RESPONSIBLE FOR VIRUSES

56. You are responsible for configuring your technology to access our site. you should use your own virus protection software.

RULES ABOUT LINKING TO OUR SITE

57. You may link to our home page with our express consent, and provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the standards set out in these terms.

58. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

59. Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.

60. We reserve the right to withdraw linking permission without notice.

61. If you wish to link to or make any use of content on our site other than that set out above, please contact us via the Contact Us form on the site.

DISPUTE RESOLUTION

63. If you have a complaint about the site, please contact us via the Contact Us form on the site, and we will endeavor to resolve it.

GENERAL

63. If any of the terms of use are held to be invalid, unenforceable, or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

64. If we do not take steps in relation to a particular breach by you of these terms of use, this will not be treated as a waiver by us of our right to act with respect to that breach, or in respect of any subsequent or similar breaches.

65. The terms of use are governed by the laws in force in Victoria, Australia. you agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.

AMENDMENT

66. We may change or discontinue any aspect of the service or modify the terms of use at any time and will provide appropriate notice if the change has a materially adverse impact.

67. We otherwise reserve the right to amend the terms of use at any time without notice. You should check the terms of use regularly. Continued use of the site will be deemed to constitute your acceptance of the updated terms of use.

These terms were last updated on 22 December 2025