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DigitalBuyDirect.com
Terms and Conditions
Interpretation
1. In these terms and conditions:
(a) "Goods" means the products displayed www.digitalbuydirect.com website (DBD).
(b)
Nothing in these terms and conditions shall be read or applied so as to
exclude, restrict or modify or have the effect of excluding, restricting or
modifying any condition, warranty, guarantee, right or remedy implied by law
(including the Trade Practices Act 1974) and which by law cannot be excluded,
restricted or modified.
(c) DigitalBuyDirect (DBD) reserves the right to add to,
delete or change these Terms and Conditions from time to time and without
notice. By continuing to use the Web Site, you agree to be bound by the
changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes.
Nevertheless, you should check our published agreement and policies from time
to time to acquaint yourself with the current version.
General
2. These
terms and conditions shall prevail over all conditions to the extent of any
inconsistency.
3. The
Goods and all other products contained can be purchased online from this
website.
Drawings,
etc
4. All specifications, drawings,
descriptions, illustrations, performances and particulars of weights and
dimensions shown on DBD are approximate only and any deviation shall not form
grounds for any claim against DBD.
Performance
5. Any performance figures given by DBD
are estimates only. DBD shall be under no liability for damages for failure to
attain such figures unless specifically guaranteed in writing and any such
written guarantee shall be subject to the recognised tolerances applicable to such figures.
Payment
Method
6. DBD
currently accepts Offline Credit Card Transaction and Bank Transfer, a tax invoice will be
emailed to you with order confirmation.
Taxes,
Customs and Duties
7. You are responsible for ensuring
that the goods the subject of your order can be lawfully imported to the
destination country. You are the importer of record and must comply with all
laws and regulations of the destination country.
8. DBD
purchases include GST unless for purchases from Australia. For products
purchased outside Australia, you are responsible for securing that the goods
they subject.
Prices
9. DBD
always seeks to list Products with the most competitive prices. DBD reserves
the right to change prices for Products displayed at any time.
Legal
Capacity to Transact
10. If you are under the age eighteen
(18) years you cannot place orders with DBD.
11. By accepting these Terms and
Conditions you acknowledge that you are over the age of eighteen (18) years.
12. Should DBD suffer any damage or other
losses as a result of a transaction entered into by a minor, DBD 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 DBD.
Coupons
13.
DBD in its absolute discretion may from time to time provide discount Coupons
to existing and/or new customers.
14. Coupons can only be used towards the
payment of Products on our website.
15. Coupons can only be used in
accordance with the Terms and Conditions under which the
16. Coupons are issued. Any Terms and
Conditions governing the use of a coupon will accompany that Coupon. DBD will
determine the content of Terms and Conditions governing Coupons in its absolute
discretion.
Supply
of Your Products
17.
Subject to these Terms and Conditions we will supply to you the Products
indicated on your Order Confirmation. When your Order has been dispatched we
will email you to confirm shipment of each item including a tracking number for
each item.
Delivery of
Your Products
18.
Delivery time takes approximately 10 working days from the date your payment is
received. In all instances estimated delivery times will be displayed at the check
out for your Product. DBD makes every effort to deliver your Product
according to the estimated delivery times 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. 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 requesting you to telephone them to arrange a
suitable time and date for delivery. Title and risk of loss of all Products will
pass to you on delivery.
Return of
Your Goods
19.
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 (DOA) Products
20.
A DBD Product is considered DOA if it shows symptoms of a failure, or is
discovered to be broken when first taken from its packaging.
21.
DBD will not provide a refund or replace a product that has been misused,
mishandled or incorrectly installed or serviced. It is the responsibility of
the customer to ensure that all instructions and advice or warnings given by
the manufacturer or supplier are followed.
22.
Refunds will only be offered where a replacement Product cannot be provided.
23.
Where DBD has provisionally determined that a Product is DOA, return shipping
will be arranged at the expense of DBD.
24.
If the Product is deemed by Customer Services NOT to be DOA, DBD may in its
absolute discretion refuse to replace the Product or offer you a refund for the
Product.
25.
When a Product is replaced, your replacement Product becomes your property and
the returned DOA Product becomes our property.
26.
When a refund is given, the returned DOA Product becomes our property.
27.
DBD reserves the right to test any returned DOA Product. If the condition of
the Product was misrepresented to us by the customer, DBD will impose a $35
handling and administration fee.
Product
Problems after Delivery
28.
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, DBD 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.
29.
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. You will be obliged
to pay for the return of the Product if the item is sent after 30 days from
dispatch.
30.
We will make arrangements with you for the return of the Product.
31.
The delivery time for replacing the Product will be the same as stated for the
original Product.
Return Authorisation Number - A Must Have
32.
A Return Authorisation Number (RAN) is required for
both replacement Products and refunds.
33.
Where Customer Service has provisionally determined that a Product is DOA,
Customer Service will issue you with a RAN. Products are not able to be
returned without a RAN. The Product should be returned to Digital Store
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.
When a
Replacement Product is arranged:
34. A replacement for the same Product
that you ordered will be shipped to you at our expense after we have received
your returned DOA Product.
35. The delivery time for the
replacement Product will be the same as stated for the original DOA Product.
Some Products -
Manufacturer Only Warranty
36.
Some Products sold through DBD are serviced and supported exclusively by their
manufacturer in accordance the warranty information provided on the listing.
37. 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, DBD will replace the item or
issue a refund of your purchase price for that item.
38. For product technical support or product specifications please contact the
nominated product manufacturer.
Indemnification
39. You agree to indemnify and hold DBD
and its employees, representatives, agents, affiliates, directors, officers,
managers and shareholders (the "Parties") harmless from any damage,
loss, or expense (including without limitation, reasonable legal costs and
expenses on a full indemnity basis) incurred by you or by the Parties arising
from any claim, demand, suit, action or proceeding by any person against you or
the Parties where such loss or liability arises out of, in connection with or
in respect of your use of the Web Site, any breach by you of these Terms and
Conditions and/or any goods purchased by you from DBD.
Limitation of
Liability
40.
In no event shall DBD or any of its subsidiaries or affiliates be liable for
any indirect, special, incidental or consequential damages including but not
limited to loss of use, loss of data, loss of business or profits. To the
maximum extent permitted by applicable laws, DBD's liability is limited to an
amount equal to the purchase price of the relevant good(s).
To
the extent permitted by applicable laws, DBD does not accept any liability for:
·
any damage or injury of any nature caused by the use or misuse of
products purchased from DBD;
·
errors, mistakes or inaccuracies on the Web Site;
·
you acting, or failing to act, on any information contained on or
referred to on the Web Site and/or any linked website;
·
any unauthorised access to or use of our
secure servers and/or personal information and/or financial information stored
on those servers;
·
any interruption or
cessation of transmission to or from the Web Site; and/or
·
any bugs, viruses, trojan horses or other harmful code or communications which
may be transmitted to or through the Web Site by any third party.
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