Terms and
Conditions
In these Terms and Conditions "we" and "us" mean
Aussieimporters Pty Ltd ABN 33 131 033 586 of 1/8 Venture Drive Noosaville
Queensland 4566 Australia, and "you" means you the customer.
These
Terms and Conditions together with your Order constitute the entire
Contract between us and you for the supply of products. No other Terms and
Conditions will apply. The Contract cannot be varied unless we agree to
vary it in writing or by email.
Australian Sales Only
We only sell
and ship Products within Australia. We will not make deliveries outside of
Australia. All customers will be charged in AUD$ only.
Legal Capacity To Transact
If you
are under the age eighteen (18) years you can not place orders with
Aussieimporters.
By accepting these Terms and Conditions you
acknowledge that you are over the age of eighteen (18) years.
Should
Aussieimporters suffer any damage or other losses as a result of a
transaction entered into by a minor, Aussieimporters reserves the right to
seek compensation for such losses from the parents or guardians of the
minor who caused any order(s) to be placed with Aussieimporters.
Placing Your Order
You may place
an Order by filling in the Order Form on the Aussieimporters Web Site and
clicking the "Submit My Order" button.
When you place your Order, we
will issue you with an Order Number. We will do this by email.
By
placing an Order, you make an offer to us to purchase the Products you
have selected based on these Terms and Conditions.
Information
contained on the Aussieimporters website constitutes an invitation to
treat. No information on our website constitutes or should be deemed as an
offer by us to supply any Products, however Aussieimporters will make
every effort to supply Products to you.
We will notify you that your
order is being processed by sending you an Order Confirmation and tax
invoice via email, however, we do not formally accept your offer until
your order has passed our internal validation procedures for verifying the
bona fides of each order placed, for the purpose of preventing credit card
or payment fraud. Aussieimporters and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
We will confirm acceptance of your
order when we send you an email confirming shipment of the goods you have
ordered.
If we cannot process or accept your Order after payment is
received we will contact you by email or telephone.
Payment Methods And
Processing
Aussieimporters currently accepts Cheques, Visa,
MasterCard and Direct Deposit.
Payment processing will not begin until
we receive all the information we need.
Orders placed on a weekend or
a Public holiday will not begin payment processing until the next business
day.
Business days are Monday through Friday, excluding QLD Public
holidays.
We process credit card payments after you click the "Submit
My Order" button.
Where you pay by Direct Debit or cheque you must pay
the price payable in Australian dollars as indicated on your Order
Confirmation within 4 days from the date that you receive your Order
Confirmation.
If a Direct Debit payment is not received within 10 days
from the date that you receive your Order Confirmation, Aussieimporters
reserves the right to cancel the transaction.
For credit card payments
we will email a tax invoice to you with your Order Confirmation. Where you
pay by Direct Debit or cheque a tax invoice will be sent to you via email
. After your payment has been confirmed. Your tax invoice is your proof of
purchase.
Please Note:
" We are unable to accept credit cards
issued by banks outside of Australia.
GST
Aussieimporters purchases include GST
unless otherwise stated on a Product listing.
Aussieimporters always seeks to list Products with the most competitive
prices.
Aussieimporters reserves the right to change prices for
Products displayed at Aussieimporters.com.au at any time.
Supply Of Your Products
Subject to
these Terms and Conditions, we will supply to you the Products indicated
on your Order Confirmation.
When your Order items have been
dispatched, we will email you to confirm shipment of each item including a
tracking number for each item. Items sent are solely at the risk of the
buyer, Aussieimporters will endevour to help with any issue arising from
damage caused by transportation.
Aussieimporters strongly recommend that the buyer investigate insuring
the items sent with freight companies or couriers.
Delivery Of Your Products
Delivery
time takes up to 10 working days from the date your payment is received.
Please note that Cheque payments take upto 5 business days for clear
funds.
Where you have purchased a Product that is currently out of
stock (back order) delivery time after payment processing may take up to 8
weeks.
In all instances estimated delivery times will be displayed at
the check out for your Product.
Aussieimporters makes every effort to
deliver your Product according to the estimated delivery times provided by
Aussieimporters at checkout. The estimated delivery times are in business
days (Monday through Friday) excluding Public holidays.
Although every
effort is made to ship your Order according to the estimated delivery
times provided, estimated ship times may change due to changes in supply
or circumstances beyond our control. If your Product has not arrived after
the estimated delivery time, please contact us.
We encourage you to
visit the "Customer Area" section on our website to view the delivery
status of your Products.
Unless otherwise agreed by us, we will
deliver your Products to the address indicated on your Order Confirmation.
If no-one is available to take delivery of your Products, our carrier will
leave a card so you can pick-up your Product from your local depot. Where
delivery is by our courier service and no-one is available to take
delivery, they will leave a card requesting you to telephone them to
arrange a suitable time and date for delivery.
We will use our
reasonable efforts to deliver your Products to you within the estimated
delivery time indicated on your Order Confirmation; however, we do not
guarantee that we will deliver within this time frame.
Title and risk
of loss to all Products will pass to you on delivery.
Your Rights To Return A
Product
No refunds, credit or replacements are offered if
you have changed your mind about the product, make an incorrect choice, or
failed to verify and accurately provide information when placing an
Order.
Dead On Arrival Products - "DOA"
An Aussieimporters Product
is considered DOA if it shows symptoms of a failure, or is discovered to
be broken when first taken from its packaging.
An Aussieimporters
Customer Service member will provisionally determine whether the Product
is DOA. Where a Product is provisionally determined as DOA we will arrange
to repair or replace the Product.
Refunds will only be offered where a
repaired or replacement Product can not be provided.
Where
Aussieimporters has provisionally determined that a Product is DOA, return
shipping only will be arranged at the expense of Aussieimporters.
If
the Product is deemed by Customer Services NOT to be DOA, Aussieimporters
may in its absolute discretion refuse to replace the Product or offer you
a refund for the Product.
When a Product is replaced, your replacement
Product becomes your property and the returned DOA Product becomes our
property.
When a refund is given, the returned DOA Product becomes our
property.
Aussieimporters reserves the right to test any returned DOA
Product. If the condition of the Product was misrepresented to us by the
customer, Aussieimporters will impose a $35 handling and administration
fee. The freight costs will then be charged to the
customer.
Product Problems After Delivery
If
your item arrives DOA (Dead On Arrival) or you find a defect arises after
delivery and a valid claim is received by Customer Service within 30 days
of delivery, Aussieimporters will exchange the Product where possible, or
refund you the purchase price of the Product. Should you contact us
outside the 30 day period customer service management will consider each
claim on a case by case basis on its merits.
Where we agree to replace
the Product or refund you the purchase price of the Product, you must
first return the defective Product to us. The product must be returned in
its original packaging.You will be obliged to pay for the return of the
Product.
We will make arrangements with you for the return of the
Product.
The delivery time for replacing the Product will be the same
as stated for the original Product.
Replacement Products are provided
with the same Warranty as the returned Product.
Return Authorisation
Number - A Must Have
A Return Authorisation Number (RAN) is required
for both replacement Products and refunds.
Where Customer Service has
provisionally determined that a Product is DOA, Customer Service will
issue you with a RAN. Products can not be returned without a RAN. The
Product should be returned to Aussieimporters within 30 calendar days of
the issuance of the RAN. All Products must be packed in the original,
unmarked packaging including any accessories, manuals, documentation and
registration that shipped with the Product.
Organising the Return of
DOA Products
DOA Products must be returned whenever we agree to replace
or repair the Product or provide you with a refund.
Where you received
a DOA Product by Australia Post eParcel, Customer Service will email you a
PDF docket containing a RAN which you must affix to the Product. You must
then leave the Product at any Australia Post Office.
Where you have
received a DOA Product by our courier service, we will make arrangements
with our courier service for collection of the Product, and will notify
you when they will collect the Product from you.
When a repaired or a
replacement Product is arranged:
" A repair or replacement for the same
Product that you ordered will be shipped to you at our expense after we
have received your returned DOA Product.
" The delivery time for the
replacement Product will be the same as stated for the original DOA
Product.
" A repair or replacement Products are provided with the same
Limited Warranty as the DOA Product.
When a Refund is arranged:
"
Refunds include all shipping and associated costs for the DOA Product.
" No refund will be given to you until Aussieimporters has received
the DOA Product from you.
" Refunds will be issued by cheque or a
credit to "Your Account".
"
" Some Products - Manufacturer Only
Warranty
Some Products sold through Aussieimporters are serviced and
supported exclusively by their manufacturer in accordance the warranty
information provided on the listing.
For items advertised and sold
with manufacturer's warranty, we would ask you to contact the manufacturer
or supplier in the first instance for replacement or repair under the
warranty terms. If the manufacturer is unable to comply, Aussieimporters
will replace the item or issue a refund of your purchase price for that
item.
Our Liability
We will not be
liable for any loss of income, loss of profits, loss of contracts, loss of
data or for any indirect or consequential loss or damage of any kind
howsoever arising and whether caused by tort (including negligence),
breach of contract or otherwise.
Our maximum aggregate liability for
any Product supplied to you whether in contract, tort (including
negligence) or otherwise shall in no circumstances exceed the amount
payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By
placing your Order, you agree that we may store, process and use data
collected from your Order Form for the purposes of processing your
Order.By placing your Order you also agree that we may use such data,
other than credit card details, in order to provide you with information
from time to time on other Aussieimporters Products that may be of
interest to you. If you do not agree to our using such data in order to
provide you with information on other Aussieimporters Products, you should
not wish to receive such information please email us accordingly. You may
obtain a copy of the data held by us concerning you on request in writing.
We reserve the right to charge an administration fee for processing such
request. If any data held by us concerning you is incorrect, we will
correct it on your written request. Please refer to our Privacy
Statement.
Credit Card Fraud
Whilst
Aussieimporters employs the latest in 128Bit Secure Sockets Layer (SSL)
technology software for its transactions with our customers,
Aussieimporters will not be responsible for any damages, consequential
losses (whether direct or indirect) suffered by a customer whose credit
card is fraudulently used or is used in an unauthorised manner.
General
You shall not assign any
rights and obligations under these Terms and Conditions whether in whole
or in part without the prior written consent of Aussieimporters. Any
unauthorized assignment shall be deemed null and void.
If any
provision of these Terms and Conditions is 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 Conditions and the remainder of the
provisions in question shall not be affected thereby.
Under the Trade
Practices Act 1974 ("Act"), where implied conditions and warranties cannot
be excluded, any liability in Aussieimporters for breach of such
conditions and warranties (other than a condition or warranty implied by
section 69 of the Act) shall be limited, at the option Aussieimporters, to
the replacement of the Product(s) or the re-supply of the same Product(s);
the payment of the cost of replacing the Product(s) or of acquiring
equivalent Product(s).
Neither our failure nor your failure to enforce
any Term or Condition constitutes a waiver of such Term or Condition. Such
failure shall in no way affect the right to later enforce such Term or
Condition.
Aussieimporters reserves the right to change the Terms and
Conditions of sale at any time.
No Aussieimporters employee or agent
has the authority to vary any of the Terms and Conditions governing any
sale.
Force Majeure
Aussieimporters
shall not be liable for any delay in performing any of its obligations
under these Terms and Conditions if such delay is caused by circumstances
beyond the reasonable control of Aussieimporters, and Aussieimporters
shall be entitled to a reasonable extension of time for the performance of
such obligations. Aussieimporters reserves the right to cancel a
transaction where the item is unavailable or can not be supplied as
described, whether it is the fault of Aussieimporters or one or any of its
suppliers.
Governing Law
These Terms and
Conditions shall be governed by and construed in accordance with the laws
of Queensland and shall be subject to the non-exclusive jurisdiction of
the courts of Queensland.
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