Introduction
In these Terms and Conditions "we", “our" and "us" mean ACN 143 913 624 Pty Ltd trading as Mr Appliance and “our website” means the URL www.mrappliance.com.au and "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.
Money Back Guarantee
We offer a 100% money back guarantee on all products, provided they are returned within 14 days of receiving the order. (statutory warranty periods alos apply for items that fail in warranty) Please see full returns conditions and procedures in section 12 Below.
Terms & Conditions
1. Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an reference number for your order. Once we provide you with the order reference number a binding contract is formed.
2. Australia and International Web Site
We sell and deliver Australia wide and internationally, this is dependent on the product and region and the products purchased.
3. Legal Capacity to Transact on the Web Site
If you are under eighteen (18) years of age, you cannot order via our website.
4. Processing your Order
Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.
We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your Tax Invoice.
We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.
At our discretion we may contact you after payment to confirm you are the owner of the card.
5. Pricing
We always work to display products at competitive prices.
We reserve the right to modify prices published on our website at any time.
6. GST
All purchases include GST unless otherwise stated. GST is defined as goods and service tax as referred to in the new tax system (Goods and Services Tax) Act, 1999, as amended, and includes Act or Regulation that deals with GST.
7. Availability
We maintain a huge inventory and work closely with our suppliers to ensure timely delivery of all orders.
Products can be despatched from our internal store or the manufacturer direct.
Quoted delivery times displayed on the web site are our usual despatch times and are accurate at the time of listing. They may change without notice, however, if for example we need to ship your part from another warehouse or the like. In the event of us becoming aware of a despatch delay that is likely to exceed 14 calendar days we notify you straight away.
Items Listed as "Stocked" items are normally in stock. 98.2%*of Stocked Items ship within 1 working day of order. If your part is urgent, we encourage you to check the exact delivery time with us prior to placing your order. *statistics calculated from 1/7/18 to 31/12/18
8. Payment Methods and Processing
We accept VISA, Direct Deposit, Paypal and MasterCard.
Orders placed on weekends or public holidays will be processed on the next business day.
Business days are Monday to Friday, excluding NSW Public holidays.
Payments are completed only after you successfully complete the checkout.
Your tax invoice is your proof of purchase and is required for any warranty claims with the manufacturer.
9. Delivery
Delivery of each ordered product/s can take up to 10 business days from the date payment is received, but is usually quicker than that. In the event of us becoming aware of a delivery delay that is likely to cause this time to be exceeded, we will endeavour to inform you as soon as possible.
We will attempt to deliver each ordered product/s to the address that you have advised on your order.
We make every effort to deliver your ordered products within the estimated delivery time you have entered at the checkout. We will contact you prior to despatching the products to you if they are not being sent using a Courier or Parcel Post.
The estimated delivery times for products are during business hours (9.00 am to 5.00 pm) Monday to Friday excluding NSW Public Holidays. After hours delivery is also available on selected products and locations.
Estimated delivery times may vary due to circumstances that are beyond our control.
If your order is sent via an Australia Post and the specified recipient is unable to accept delivery, an “Article Awaiting” card may be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time of despatch.
If your order is delivered by a courier service and the specified recipient is unable to accept delivery, a card with our contact details will be left at the premises. Please be sure to contacts us and arrange an alternative time and date for delivery, an additional delivery fee may be incurred.
If you plan to change your delivery address and contact details after purchase and payment please contact our customer service team.
10 Title and Risk
Full title to and risk in the products will pass to you upon delivery from us and full payment. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
11. Cancelled Orders
Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
We provide no refunds, credits or replacements if you change your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
If in the event Mr Appliance agrees to the cancellation of an order a 25% restocking fee will be payable plus any freight costs.
12. Product Returns and warranty.
a. warranty.
Statutory warranty applies to all products we sell.
If a product fails within the warranty period (usually 12 months), we will arrange for it to be replaced. A refund may be paid if the product is no longer available.
We reserve the right to test any returned product for defects.
If the product is deemed by customer service/supplier NOT to be defective, we may refuse to replace the product or offer a refund.
If the condition of the product was misrepresented to us by the customer, we may impose a testing, handling and administration fee.
Products damaged during transit from us to you, must be reported to us within 24 hours of receipt of the product.
All electrical products are to be installed by a qualified installer. Failure to do so can void warranties on some items.
PCB (Printed Circuit Board) Purchases - Please bear in mind, that electronic components can, in some cases, be damaged by static electricity, or some other factor. Sometimes the fault in a circuit board can be a result of a fault in another component, and fitting a new board to a machine can result in damage to the new board. Because of these factors, please be aware that PCBs, if purchased, cannot be returned for credit under any circumstances, whether fitted to your machine or not
b. Product Returns
For all returns:
All returns are subject to MR Apppliance's approval. When returning a part to Mr Appliance (whehter it's warranty or Change of mind) you must contact us and request a return Authorisaton number first. Once we've apporoved the return we will give you instructions about where and how best to return the item.
All returns are to be sent back to the address that is nominated by Mr Appliance
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
The return postage costs are the responsibility of the buyer
Mr Appliance takes no responsibility for the returned product and will only process the credit when the product is received
Mr Appliance does not credit the original postage and handling costs.
All returns must be sent back with the receipt and the return approval.
Additionally for change of mind returns:
For reasons of safety we cannot accept change of mind refunds/exchanges for items of an electrical nature, (including PCB's) whether or not the item has been installed.
For items not of an electrical nature, we will gladly accept change of mind exchanges up to 14 days from date of purchase.
Items must be unopened and unused. The item including the original packaging if any must be in saleable condition.
Freight and delivery charges are not refundable, and delivery back to us is the customers's responsibilty and cost
Parts that have been ordered in specifically for a customer, cannot be returned or refunded.
Products will not be accepted for return if they have been removed from their packet, been used for testing in any way, have marks or any other signs of use on them.
13. When a Replacement Product is arranged
A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
The delivery time for the replacement product may be the same as stated for the original product.
14. When a Refund is arranged
Refunds will only be issued to the same credit card or debit card used for the original purchase.
15. Proof of Purchase for a Warranty Claim
It is important that you retain the tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.
16. Warranty if an item is replaced
Warranty conditions will continue form the original Date of Purchase, and not from the date of replacement.
17. Warranty transfer
Warranty is NOT transferable if you sell your goods.
18. Warranty Claims
All items sold are covered by a warranty, determined by the relevant manufacturer.
19. Warranty Coverage
Warranty is valid within Australia only, however please contact the manufacturer in regards to international warranty.
20. Extended Warranty
not offered
21. Computer Hardware & Software - Exclusions and Limitations Hardware
We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products.
In relation to any computing media product, or any computing hardware product or computing part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from Mr Appliance
Where a computing product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing product.
Recovery and reinstallation of system and application software and user data are not covered under any warranty and are the responsibility of the purchaser.
All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Mr Appliance does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
All rights, title or interest in respect of the intellectual property rights in the software remain with Mr Appliance or the licensor of the software at all times.
22. Our Liability
Mr Appliance shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
To the extent permitted by law our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
The Customer shall indemnify Mr Appliance and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law, Mr Appliance and customer agree that Mr Appliance will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Mr Appliance shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or Services, even if Mr Appliance has been advised of their possibility.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Mr Appliance shall be subject to correction without any liability on the part of Mr Appliance.
23. Your Personal Information
Please refer to the Mr Appliance Privacy Policy to see how we collect use and protect your personal information.
24. Credit Card Fraud
Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Commonwealth Bank secure payment gateway, we 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.
25. General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
Any unauthorised 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, where implied conditions and warranties cannot be excluded, any liability of Mr Appliance for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Mr Appliance , 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).
No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
We reserve the right to change the Terms and Conditions at any time.
No employee or agent of Mr Appliance has the authority to vary any of the Terms and Conditions governing any sale.
The contract cannot be changed unless agreed to in writing or by e-mail.
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.
26. Force Majeure
We shall not be liable for any delay in performing any of obligations under these Terms, if such delay is caused by circumstances beyond the reasonable control of Mr Appliance and Mr Appliance shall be entitled to a reasonable extension of time for the performance of such obligations.
27. Currency
All listed prices on the web site, including shipping costs, are in Australian dollars (AUD).
28. Deposits
Deposits or paid for any products or services by Mr Appliance are non refundable.
29. Security
Mrappliance.com.au uses a secure 128 bit SSL (Secure Sockets Layer) certificate which is a globally accepted technology. This helps our customers confirm our website is secure. SSL certificates secure our customers online transactions by encrypting credit card and personal information and providing a safe route of communication for your online payments.
