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Terms & Conditions

Terms & Conditions

General Terms and Conditions

General Website Terms and Conditions

Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods from both GadgetMania and the conditions of use that apply to the GadgetMania Website.

Which terms and conditions apply?

Please note that products appearing on the GadgetMania Website are offered by GadgetMania P/L ABN 43763974706  (“GadgetMania”) - products offered and supplied by GadgetMania will be referred to hereafter as “GM Products”.

 

GadgetMania TERMS AND CONDITIONS

Terms and conditions for GM Products

1. Agreement

1.1

In these Terms and Conditions "We", "Our" or "Us" means GadgetMania of 28/106 Crimea Rd, Marsfield NSW 2122, and "You" or "Your" means the person (customer) who accepts these Terms and Conditions.

1.2

This Agreement together with your Order constitutes the entire Contract between Us and You for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

2. Legal Capacity to Transact

If you are under the age of eighteen (18) years you cannot place Orders with GadgetMania. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years. Should GadgetMania suffer any damage or loss as a result of a transaction entered into by a minor, GadgetMania 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 GadgetMania.

3. Website Use

3.1

It is your responsibility to ensure that your use or access to the website does not breach any laws or regulations that may apply to you in your jurisdiction.

3.2

The Website may contain advertisements or links to other web sites. Those links are provided for convenience only and GadgetMania accepts not responsibility for currency of any advertisement or the content and privacy practices of any linked website.

3.3

GadgetMania takes no responsibility for any damage or loss that may be associated with your use of the website. It is your responsibility to take suitable precautions to prevent the risk of viruses or any other form of malicious code that may potentially damage your computer system.

3.4

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GadgetMania and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

4. Product Specifications

4.1

Features and specifications of products described or depicted on the website are subject to change without notice up until an order has been placed and confirmed with us.

4.2

Products dimensions & weights in product listings on the website are approximations. In accordance with standard industry practice all TV & monitor screens are measured diagonally. Any screen images portrayed on the Website may be simulated rather than actual broadcasted images.

4.3

Product information may contain typographical errors or inaccuracies and may not be complete or current. While all care is taken to provide current, accurate information to our customers, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologise for any inconvenience this may cause. A full refund will be offered in these instances once the product is returned.

5. Pricing

5.1

All prices displayed on the Website are subject to change at any time before you place an order.

5.2

All prices listed on the website exclude delivery costs which will be shown as a separate charge on the product listing, order and at checkout.

6. Orders

6.1

You may place an order by filling in the form on the website and clicking the “Place Order” button. By placing an order you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.

6.2

We will notify you that your order has been received and is being processed by sending an Order Confirmation/Tax Invoice to the email address nominated on your order, 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 for the purpose of preventing credit card or payment fraud. Acceptance of your order will be confirmed when we send you an email confirming shipment of the goods you have ordered.

6.3

Order processing will not begin until we receive all the information we need. Orders placed on a weekend or public holiday will not begin processing until the next business day. Business days are Monday through Friday excluding NSW public holidays

6.4

GadgetMania reserves the right to cancel any order at its sole discretion prior to the despatch of the goods. If we cannot process or accept your order you will be notified by email or phone and a refund will be processed for the full amount paid.

7. Payment

7.1

GadgetMania currently accepts PayPal, Visa, Mastercard and Bank Deposit. Please note that for added security your credit card details are never stored in our system. We are able to accept credit cards issued outside of Australia. Debit Cards and Cheque Cards may have daily spending limits that can substantially delay the processing of your order.

7.2

As part of our security protocols to help protect you from online fraud, we may contact you to request further identification/verification. If you choose not to provide the requested information your order will be cancelled and your payment will be refunded. 
7.3

All GadgetMania purchases include GST.

8. Title & Risk and Delivery of the goods

Title & Risk in Goods will pass to you on the later of:

1. A complete and accurate order being placed and submitted by you to GadgetMania and;

2. GadgetMania being satisfied of the outcome of any credit, criminal or fraud checks in relation to a customer or their purchase.

3. The successful processing of your payment.

8.2

GadgetMania offers two (2) options for the delivery of products that you order.

1. Standard (Flat Rate) Delivery – Your product will be delivered for the shipping charge shown on the product listing and at checkout. All transit loss is at your own risk.

2. Priority Delivery – For the optional fee shown at checkout your product will be replaced (or refunded if a replacement is not available) if lost during delivery. Unless you purchase optional Priority Delivery at the time of placing your order, you assume all risk of theft or loss of goods occurring during transportation and delivery.

8.3

We try to ensure that any Goods ordered are delivered in a reasonable time-frame. However, there may be times when circumstances outside of our control result in delays. In the event of any such delays no liability for loss or damage as a result of the delay will be accepted by GadgetMania.

8.4

The estimated time of arrival is a reasonable estimation by GadgetMania and may be subject to change. Once the product has been dispatched by us normal courier or postal service transit times apply. We have no control over transport provider delivery times. Once products have been dispatched, it is your responsibility to liaise with the courier nominated by GadgetMania and notified to you, to agree on a suitable delivery time. GadgetMania shall not be held liable for the accuracy of any delivery information provided regarding date and time of delivery.

8.5

Deliveries cannot be made to PO Box addresses.

8.6

Where an item is delivered to a business address, or the customer provides a written authority for Products to be delivered without a signature (Authority to Leave), any and all included insurance cover will be voided. The couriers or postal services nominated by GadgetMania will deliver products during local business hours (9am to 5pm, Monday to Friday).

9. Consumer Guarantees and Warranties

9.1

Consumer Guarantees

Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, go to the Australian Consumer Law Website www.consumerlaw.gov.au. If a product has a minor defect will provide a repair or offer you a replacement or refund at our discretion. If a product has a major defect you are entitled to:

· Reject the goods and receive a refund

· Reject the goods and receive a replacement

· Keep the goods and receive rebate for the drop in value caused by the problem.

If you think that your product is defective you should contact our customer service for assistance by email or phone. A photo of the problem may be requested to expedite the assessment of your claim. Where a product is assessed as defective the return will be arranged at the expense of GadgetMania. If a product is replaced or refunded the returned product becomes our property.

9.2

Voluntary Warranty - Each product sold on the website is covered by a standard 12 months warranty against defect which will run concurrently with any manufacturer warranty that may be applicable. This warranty is in addition to your statutory rights under consumer law. If you believe that your purchase has a defect you should contact us by email or phone. Please see our Warranty Policy for details.

Our products come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Replacement products are covered by the same GadgetMania warranty as that applicable to the original product and are also covered by Consumer Guarantees.

9.3

Extended Warranties are available for purchase for some Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products. Extended warranties may be offered by either GadgetMania or third party providers. Consumers should read the Terms and Conditions of the provider prior to purchase to assess the suitability of any extended warranty to their needs. These are additional warranties. Statutory warranties also apply under Australian Consumer Law.

9.4

Returning a Product if you Change your Mind – Peace of Mind Guarantee

Under our Peace of Mind Policy you can return unopened product to us for a store if we are notified within 7 days of the date of delivery. The store credit will be for the product price paid less the delivery charge. Risk of loss or damage to the goods will not be assumed by GadgetMania until the goods have been received at our Warehouse. Electronics, computer and IT product returns will incur a restocking fee of 10% or $9.95 (whichever is greater). The Peace of Mind policy excludes the following products: Swim suits, undergarments, Body Jewellery (i.e. all items within the "Jewellery" sub-category), Factory-sealed sports collectible sets, perishable, medicinal & dietary supplement items, CD, DVD, VHS tape, software, video game, and cassette tapes, printer inks & toners, personalised products or any product sourced specifically for you, bonus items/accessories, wholesale products and any item specifically excluded on the individual product listing.

Click here for further information about No Worries Mate Policy. Please note No Worries Mate Policy only addresses change of mind return for non-faulty products. We have separate warranty policy to address faulty item claims and all purchases come with Consumer Guarantees including the excluded products.

9.5

Spare parts – Where possible we will carry spare parts for goods purchased for a reasonable period of time. Where a Product is outside of a warranty period, GadgetMania may choose not to supply spare parts where limited stock is available.

9.6

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

10. Refunds and returns

10.1

In order to facilitate a return under these Terms and Conditions, please contact us by email or phone Click Here For Contact Details.

10.2

All returned products must have a Return Authorisation Reference Number (RA) issued by GadgetMania’s customer service. Any product sent back without an authorisation number (RA) will be automatically rejected.

10.3

Returned products should be suitably packaged to prevent transit damage and should include all accessories.

Products returned under the 7- Day Peace of Mind Policy must be returned in their original packaging with all accessories, and must be in an unopened, re-saleable condition.

10.4

It is the customers’ responsibility to ensure that returned items are returned safely. Until products are accepted back into our warehouse all risk and loss in the product will remain with the customer. GadgetMania takes no responsibility for returned products that are lost in transit.


10.5

When returning products with “user generated data” it is recommended that you make a copy of any data prior to submitting it for repair. Repairs may result in the loss of some or all user-generated data. Refurbished parts may be used to repair the goods. When returning a computer, laptop, phone or tablet, please remove all passwords from the unit to allow the repairer access to the device for assessment/repair.

10.6

Refunds may take up to 14 business days to be processed.

11. Rewards Program

GadgetMania may reward its customers by issuing Gadget Coins for purchases. Gadget Coins can be accumulated and used for future purchases.

- GadgetMania Gadget Coins may only be obtained and redeemed on purchases made at www.gadgetmania.com.au.

- Gadget Coins may vary dependant on the product. The rewards points for each product are shown on the individual product listings.

- Due to our 7 day change of mind policy rewards points may not be allocated until after the change of mind period has elapsed.

- If a refund is issued for a product the related Gadget Coins will be deducted from your Gadget Coins account.

- Gadget Coins expire one year (12 months) from their issue date.

- Gadget Coins are non-refundable, non-transferrable and cannot be redeemed for cash.

- Gadget Coins may be redeemed against product purchase only and cannot be used for shipping or any other costs.

- Gadget Coin redemption formula is: 1 Gadget Coin = $0.01

- You can redeem your rewards points during checkout by entering the number of Gadget Coins you wish to redeem in the Rewards section and selecting “Apply Points”.
The corresponding dollar (or cent) value will be deducted from the purchase price of your product.

You can view your Gadget Coins balance at any time by logging into your account and selecting “Gadget Coins”.

12. Liability

GadgetMania makes no representation as to the accuracy, completeness, reliability or currency of the information contained on the website. The website and any information contained therein is provided on an “as is” basis and GadgetMania will not be held 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.

13. Intellectual Property

All Intellectual Property in any material on the Website is the property of GadgetMania Pty Ltd (GadgetMania) or its respective trademark owner. Unless expressly authorised under these Terms and Conditions or permitted in writing by GadgetMania you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of the material for any reason whatsoever.

14. Privacy

14.1

By placing your order or otherwise contacting GadgetMania, you agree that we may store, process and use data collected from your order for the primary purposes of processing and delivering your order. By placing your order or otherwise contacting us, you also consent that we may use such data, (excluding payment information), in order to provide you with marketing information from time to time on other products that may be of interest to you. In accordance with Australian Privacy Principles you are entitled to obtain a copy of or correct any data held about you by sending a request in writing to our privacy officer. Please refer to our Privacy Policy for further information on how we collect, store and use personal data.

15. Gift Vouchers

15.1

Gift vouchers have a validity of 12 months from the date of purchase.

15.2

Gift vouchers may be redeemed by applying them on the voucher section during the checkout process. Gift vouchers cannot be exchanged for cash or refunded.

16. Miscellaneous

16.1

GadgetMania reserves the right to make changes to the GadgetMania Website and these Terms and Conditions at any time. The Terms and Conditions applicable to you are those on our website at the time you order a product. No GadgetMania employee or agent has the authority to vary any of the Terms and Conditions.

16.2

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. 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.

16.3

Force Majeure

To the extent permitted by law, GadgetMania is not 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 GadgetMania, and GadgetMania shall be entitled to a reasonable extension of time for the performance of such obligations.

16.4

These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales

 

 

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