This document contains the general terms and conditions which applies to the use of the website gadgetparts.com.au. The use of the Website includes the purchase, fulfilment and delivery of products and services from gadgetparts.com.au. It is your obligation to read the Terms and Conditions carefully before placing Your Order. By placing an order the customer also acknowledge that they have read, understood agreed to the Terms and conditions as set out in this document. When customers use the Website they agree to these Terms and Conditions which constitutes a legally binding Agreement between GADGET PARTS and them for the supply of Products. For clarity the binding contract is formed under clause 13 of these Terms and conditions.This Agreement together with customers order constitutes the entire agreement between GADGET PARTS and customer for the supply of Products.
1. Supply Terms
1.1 Other than as set out in these Supply Terms, these Supply Terms set out the entire agreement between GADGET PARTS and the Customer in relation to the supply or delivery by GADGET PARTS of any Goods and supersedes any previous understanding, agreement, representation or warrants relating to that subject matter. Any terms or conditions contained in any Order (as defined in section 4.1) or any other document issued by the Customer or any correspondence or documents passing between GADGET PARTSand the Customer: 1.1(a) have no effect, and will not affect any agreement between GADGET PARTSand the Customer pursuant to these Supply Terms, even if GADGET PARTS has had notice of those terms or conditions; and 1.1(b) does not constitute an offer or a counter-offer by the Customer. 1.2 By ordering Goods, or receiving delivery of any Goods, the Customer is deemed to have accepted these Supply Terms, and to have agreed that they apply to the exclusion of all others. 1.3 These Supply Terms may be amended from time to time by GADGET PARTS without prior notice. Publication of the amended Supply Terms on GADGET PARTS website, gadgetparts.com.au, is deemed to amend the Supply Terms and be notice of that amendment and the amended Supply Terms will apply to any Order or part of an Order from the time of amendment. Gadget Parts may, but is not required, notifying the Customer of any amendment to the SupplyTerms. 1.4 GADGET PARTS reserves the right to suspend or cease supply at any time if the Customer fails to comply with any of these Supply Terms or any other agreement with GADGET PARTS.
The price of any Goods will be as set out in the GR PHONE’s catalogues and price lists issued to the Customer, from time to time, as adjusted in accordance with any applicable discounts GADGET PARTS agrees with the Customer. If Goods are purchased on GADGET PARTS website, the prices displayed on the website at the time of purchase will be the applicable prices.
3. Delivery And Risk
3.1 If GADGET PARTS and the Customer agree that the Customer will collect Goods from GR PHONE’s premises: (a) the Customer must collect the Goods within ______ days of being advised by GADGET PARTS that the Goods are ready for collection; (b) Gadget Parts is not responsible for any costs associated with the delivery (including freight and insurance costs); and (c) the risk of loss or damage (but not title) of the Goods passes to the Customer immediately upon collection of the Goods by the Customer or the Customer’s agent or courier as the case may be. 3.2 If GADGET PARTS and the Customer agrees that GADGET PARTS will arrange for delivery of the Goods to the Customer’s nominated address: (a) costs associated with delivery of the Goods, including freight, insurance and other charges arising from transporting the Goods from GR PHONE’s premises to the Customer’s nominated address will be charged to the Customer as a separate charge in addition to the price of Goods; and (b) the risk of loss and damage (but not title) of the Goods passes to the Customer immediately when the Goods leave GR PHONE’s premises. 3.3 If the Customer does not, or indicates to GADGET PARTS that it will not, collect the Goods in accordance with clause 5.1 or take or accept delivery of the Goods delivered by GADGET PARTS in accordance with clause 5.2: (a) the Goods are deemed to be delivered when GADGET PARTS advises the Customer that the Goods are ready for collection or when GADGET PARTS was willing to deliver the Goods (as applicable) and GADGET PARTS may invoice the Customer for those Goods; and (b) the Customer is liable for any costs and expenses incurred by GADGET PARTS to return the Goods to GADGET PARTS premises and store the Goods. 3.4 GADGET PARTS will use reasonable endeavours to have the Goods ready for collection or delivered in accordance with the time frame agreed with the Customer. GADGET PARTS will not be responsible for any loss suffered or liability incurred by the Customer arising out of any delay in or failure to deliver or have ready for collection the Goods (or any part of them) or failure to supply the requested quantities.
4. Order And Acceptance
4.1 Any Order by a Customer to purchase Goods from GADGET PARTS (Order), whether in writing, electronically, online or verbal, submitted to GADGET PARTS shall be deemed to be made pursuant and subject to these supply terms. 4.2 All Orders will be subject to acceptance by GADGET PARTS and GR PHONBES may decline or accept an Order, in whole or in part, in its absolute discretion. Customers acknowledge that acceptance of an Order by GADGET PARTS does not imply that GADGET PARTS will accept any future Orders placed by the Customer. 4.3 The Customer may not cancel any Order accepted by GADGET PARTS or any part of that Order without obtaining GR PHONE’s prior written consent, which may be withheld by GADGET PARTS for any reason, and then only on such terms (including as to the payment of any cancellation fee) as GADGET PARTS may determine. 4.4 GADGET PARTS may at any time for no disclosed reasons: (a) decline any Order and/or cancel any Order previously accepted but not supplied; and/or (b) stop supplying Goods to a Customer.
5. Return And Refund
Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you. 5.1 Change of Mind or Item not Satisfied Returns-If you wish to return an item because you have changed your mind or not satisfied with your purchase, Gadget Parts will offer you exchange, credit or refund provided that You return the item within 10 days of purchase, Provide proof of purchases at the time you return the item, We may charge $10 handling cost on each item if you simply changed your mind or selected the wrong item. Please choose the parts carefully. Item is in re-saleable condition including that it is in its original packaging, including instruction manuals and all accessories, It is undamaged in its original condition, it is not an on-sale item. GADGET PARTS reserves the right to assess the condition and age of returned products prior to providing a repair, exchange or refund. This may result in a repair, exchange or refund being refused. 5.2 For other returns, please note: Your original GADGET PARTS receipt is the best form of proof of purchase, Refunds will be issued using your original payment method, Free tools or Gifts are not redeemable for cash, If you seek for credit or refund after 10 days, a minimum restocking fee $10 on each item will be applied based on the condition and age of the returned product, We can only provide replacement parts for the item returned after 30 days if the item is still under warranty, Postage is not refundable.
6. Warranty Return
All our spare parts come with a return to base warranty and starting at the date of purchase. Our warranty terms are as follows: 6.1 Please arrange defective/faulty part to be sent back to our address, we will arrange the replacement parts in 24 hours after we receive and examine it. If you need the replacement part quicker, we can bill you for a replacement part and refund the previous payment once the faulty part has been returned in 14 days. Please note that we cannot refund postage costs, and any postage costs to return items back to us are paid by the customer. Please also note that all returns are stock depending and we reserve the right to offer a refund for the item instead of replacement. 6.2 Defective/Faulty items are classified as items that mechanically malfunctioned NOT as a result of user error, which is classified as damage from the result of the user dropping, spilling, or in some way altering the original state of the product. 6.3 If the returned part is found to be defective then a replacement will be issued for the order. 6.4 Under no circumstance will shipping fees be reimbursed, which includes the costs of returning items back toGADGET PARTS. 6.5 When returning an item, be sure to use a reliable postage method that offers tracking numbers and pack the return items sufficiently to protect from damage in shipping. We are not liable for damage or lost done in transit back to us. 6.6 Damaged Packages / Missing or incorrect Items/ Installation damage 6.7 If a part is received in damaged condition, GADGET PARTS must be notified within 24 hours of the receipt of the package in order to file a damage claim on said package.GADGET PARTS cannot be held responsible for damage to item that is not reported to us within 7 business days of the receipt of the package. Damaged items must be reported to us prior to installation. 6.8 If any items are incorrect or missing from a shipment, GADGET PARTS must be notified within 24 hours after you receive the package. 6.9Broken Glass Policy: Any damage to a component containing glass, such as I phone 4/4S back cases or may be any others, must be communicated to us within 1 day of receiving the damaged product. Any product that has a glass component that is broken will be considered broken due to “user error” and will not be covered under warranty. 6.10 Please note that personal details, faulty description and order number MUST be stated clearly with return items. Any returns without any details will be refused to process. Please send the returns with your details to our address: PO BOX 862, Prospect East, SA 5082 6.11 Incorrect Address / PO Box: Under no circumstance will GADGET PARTS (gadgetparts.com.au) reimburse shipping fees for instances when the customer input the wrong address on their order. 6.12 Installation Damage: We are not liable for any damage to your device due to the installation of parts purchased from GADGET PARTS (gadgetparts.com.au) under any circumstances.
7. Invoicing And Payment
7.1 GADGET PARTSwill determine the invoice amount for an Order with reference to GADGET PARTScatalogues, price lists and any applicable discounts GADGET PARTSagreed with the Customer. If the Goods are purchased online, GADGET PARTS will determine the price of the Goods by reference to the price displayed on the website at the time of purchase. 7.2 Unless otherwise specified byGADGET PARTS, all prices stated in GADGET PARTScatalogues, price lists, website or in any invoice include any tax (including any Goods and Services Tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST”), or any duty or impost levied in respect of the Goods), which the Customer will pay, in addition to the amounts specified for the Goods. 7.3 If GADGET PARTShas not granted the Customer a credit facility, the Customer must pay all invoiced amounts for the Goods and associated costs by cash of Electronic Funds Transfer upfront either: (a) upon collection of the Goods from GADGET PARTS; or (b) prior to the dispatch of the Goods to the Customer’s nominated address, (as applicable) or at such other time or method of payment agreed withGADGET PARTS. 7.4 If GADGET PARTShas granted the Customer a credit facility, the Customer must pay all invoiced amounts for the Goods within the period notified or advised to the Customer by GADGET PARTSin writing (Due Date). 7.5 GADGET PARTS reserves the right to refuse credit facilities to any purchaser. GADGET PARTS may revoke or withdraw any approval previously given to the Customer to extend credit to the Customer at any time and for any reason. 7.6 Invoices overdue by seven (7) days or more will not be processed and Goods will not be issued (“on hold”) until all overdue invoices are paid. GADGET PARTS will notify the Customer via email or telephone if the account is put on hold. 7.7 If GADGET PARTS does not receive payment by the Due Date, then without limiting its rights, GADGET PARTSmay: (a) charge the Customer interest on the amount outstanding at the rate 2% over the penalty rate fixed under Section 2 of the Penalty Interest Rates Act 1983 (Vic) (compounding daily); (b) by written notice to the Customer, suspend the provision of any further Goods, until the Customer has paid the outstanding amount, interest and any amount payable under clause 7.8; (c) retain any amount received from the Customer on account of the Goods; (d) retain or resell any particular Goods; and (e) terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions of that provision of credit. 7.8 The Customer agrees that all expenses, costs and disbursements incurred by GADGET PARTS in recovering or attempting to recover any outstanding money due from the Customer including debt collection, agency fees and legal fees must be paid by the Customer. 7.9 GADGET PARTS may, at its discretion, pass all invoices overdue by thirty one (31) days or more to its chosen debt collection agency for collection. 7.10 The Customer is not entitled to set off against or deducted from any money owing to GADGET PARTS, amounts owed to the Customer by GADGET PARTS on any account whatsoever.
To the extent permitted by law 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; and our maximum aggregate liability for any Product supplied to the customer whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by customer to us in respect of the Product(s) in question. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to customer for our failure to comply with a guarantee under the Australian Consumer Law.
When transmitting personal information from your computer to the Website, customers must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, we will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information. Our website may use “cookies” to help personalise your online experience and save you time. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website.
10. Personal Property Securities Act
10.1 The Customer acknowledges that these Supply Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA) and GADGET PARTS has a purchase money security interest in the Goods supplied under these Supply Terms. 10.2 The Customer acknowledges that GADGET PARTS may register the security interest in the Goods on the Personal Property Securities Register. 10.3 The Customer agrees to do anything that GADGET PARTS reasonably requires to ensure that GADGET PARTShas at all times a continuously perfected security interest over the Goods. 10.4 The Customer agrees not to disclose any information of the kind contemplated by section 275(1) of the PPSA. 10.5 The Customer waives its rights to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to a security interest created by GADGET PARTS in relation to the Goods under these Supply Terms. 10.6 To the extent permissible by law, the Customer and GADGET PARTS contract out of sections 95, 121(4), 123(2)(a), 129(2), 130(1)(a), 132(4), 135, 142 and 143 of the PPSA. 10.7 In this clause, terms used which are defined in the PPSA have the meaning given to those terms in the PPSA.
11. Intellectual Property Rights
11.1 The Customer acknowledges that the Goods are the subject of copyright and other intellectual property rights of GADGET PARTS. 11.2 The provision of Goods will not confer a licence or any other right on the Customer to use any intellectual property of GADGET PARTS or of any of its suppliers. 11.3 The Customer: (a) must not, at any time, do or permit any act to be done that infringes the aforementioned intellectual property rights; and (b) will indemnify GADGET PARTS fully against any loss, liability, cost or expense suffered or incurred by any of them (including liability to any other party) as a result of the Customer’s breach of the provisions of this clause 11.
12. Confidentiality Obligations
12.1 In these Supply Terms, Confidential Information means: (a) all information of or used by GADGET PARTS, the business conducted by Gadget Parts, and its transactions, pricing, operations and affairs; (b) all pricing information of GADGET PARTS, including all prices stated in GADGET PARTS catalogues, price lists, website or in any invoice issued to the Customer; (c) all trading terms between GADGET PARTS and the Customer; (d) all other information treated by GADGET PARTS as confidential, including the existence of a relationship between the Customer and GADGET PARTS; (e) all notes, data, reports and other records (whether or not in tangible form) based on, incorporating or derived from information referred to in paragraph 12.1(a) or (b); and (f) all copies (whether or not in tangible form) of the information, notes, reports and records referred to in paragraphs 12.1(a), (b) or (c), that is not public knowledge (otherwise than as a result of a breach of a confidentiality obligation of a party) 12.2 The Customer must: (a) keep the Confidential Information confidential and not disclose it or allow it to be disclosed to a third party except: (i) with the prior written approval of GADGET PARTS; or (ii) to officers, employees and consultants or advisers of the Customer (or its Related Bodies Corporate) who have a need to know (and only to the extent that each has a need to know) for the purposes of these Supply Terms and the transactions contemplated by it, and are aware that the Confidential Information must be kept confidential; and (b) take or cause to be taken reasonable precautions necessary to maintain the secrecy and confidentiality of the Confidential Information. 12.3 The obligations of confidentiality under these Supply Terms do not extend to information: (a) disclosed to a party, but at the time of disclosure is rightfully known to or in the possession or control of that party and not subject to an obligation of confidentiality on the party; (b) that is public knowledge (except because of a breach of this agreement or any other obligation of confidence); or (c) required to be disclosed by law or any order of any court, tribunal, authority or regulatory body or in connection with the enforcement of this agreement.
13. Miscellaneous Supplies
13.1 The failure by GADGET PARTS to exercise or enforce any rights detailed in these Supply Terms will not be deemed as a waiver of any such right and does not bar the exercise or enforcement of such right at any time or time thereafter. 13.2 These Supply Terms and any Order made under it are governed by and will be interpreted according to the laws of South Australia. GADGET PARTS and the Customer consent and submit to the non-exclusive jurisdiction of the courts of South Australia. 13.3 If any provision of these Supply Terms proves to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, that provision is deemed omitted without affecting the remaining provisions, and the remaining provisions of these Supply Terms shall continue in full force and effect. 13.4 Any notice required or contemplated by these Supply Terms is deemed to have been properly given if it is in writing, properly addressed and delivered personally, or mailed postage prepaid or by fax to the Customer’s principal place of business or last known address. 13.5 The Customer must not assign, novate or subcontract its rights or obligations under the Supply Terms without GADGET PARTS consent.