The following Terms and Conditions apply to sales made on the Tech Sale Australia website only.
In these Terms and Conditions, the following words and phrases shall have the following meanings:
'Buyer' means the person, firm or company who purchases the goods from Tech Sale Australia.
'Company' means Tech Sale Australia
'Contract' means the contract between the Company and the Buyer which shall incorporate these Terms and Conditions
'Goods' means any goods agreed in the accepted order form to be supplied by the Company to the Buyer
'Place of Delivery' means the place to which the goods are to be delivered
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
Conditions Relating to Your Use of Tech Sale
2. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the 'My Account' area of the website or by emailing us.
Tech Sale Australia reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
On occasion, we do request customers for some additional information such as IDs for security reasons. The whole purpose of this exercise is to provide protection to both the customer and the company.
**In case, you are not very comfortable with providing the requested information, please feel free to cancel the order by e-mailing us and re-order it using the Direct Deposit payment option on the website.
5. Licence for website access
We list the availability and shipping estimates for all products sold on our website on each product’s information page. Although we do try to keep as much as stock we can at our warehouse however due to unforeseen circumstances we sometimes do run out of stock. You may contact us and check the inventory level before placing order. Please note that the dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
As we process your order, we will try our best and inform you by email if any product/s on your order turns out to be unavailable. If you do not hear from us within the estimated dispatch time mentioned on the product page, we request that you chat with us online during business hours to check the status of your order. In such situations, you may choose to change the product of similar kind of your choice for the price on the website or cancel the order with us for a full refund (if payment has been cleared).
*** Tech Sale will not be liable to compensate in any form for delays in processing or in rare situations where the products become unavailable or cannot be shipped within the estimated times.
The price for the goods shall, unless otherwise agreed, be the price set out on the dispatch confirmation. The price for the goods quoted on the website shall be exclusive of all costs of carriage and insurance and applicable import Tax/GST and duty which the buyer shall pay in addition for further information regarding this please see the Australian Customs Web Site. The relevant shipping and insurance costs will be calculated at checkout point. Despite our best efforts, a small number of the thousands of products in our catalogue may be mispriced. Rest assured however that we verify the prices as part of our dispatch procedure. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either give you the option of reconfirming your order at the correct price or cancel your order with full refund and notify you of such cancellation. In the event that you do not reconfirm the order at the correct price within a designated deadline, we will cancel your order and you will receive a full refund.
Any dates specified by Tech Sale for delivery of the goods are intended to be an estimate only. If no date is specified for delivery of the goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms and Conditions, Tech Sale shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods. Nor will any delay entitle the buyer to terminate or rescind the contract unless the delay exceeds 60 days.
16. Risk and ownership of the goods
Risk in the goods shall pass to the buyer upon delivery.
Ownership of the goods shall not pass to the buyer until Tech Sale has received full, cleared funds of the sum due to Tech Sale for purchased goods, and all other sums which are or may become due to Tech Sale from the buyer on any account.
Until ownership of the goods have passed to the buyer, the buyer shall:
hold the goods on a fiduciary basis as the Company's bailee;
store the goods separately from all other goods in such a way that they remain identifiable as the Company's property;
not destroy or deface any identifying marks on the goods or packaging;
keep the goods in satisfactory condition, as noted on the Company's policy, and hold any proceeds that may come from the Company's insurance in trust and not mix them with any other money
Tech Sale Australia accepts payments with Paypal, credit cards and Direct Deposit to our NAB account for orders from customers. For the Direct Deposit option, payments shall not be deemed to have taken place until the receipt from the Company has been issued to confirm payment as received. Invoices with payment overdue by 7 days or longer may be cancelled by Tech Sale without prior notice.
When ordering goods from Tech Sale Australia, overseas deliveries may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, unless otherwise stated in the order confirmation.
Unless stated otherwise, all goods sold by Tech Sale Australia on the website carry a 12 Month Warranty.
If the buyer wishes to make a claim under this warranty, the buyer shall give written notice to Tech Sale Australia within 30 days of the discovery of the defect and give Tech Sale Australia or its agents reasonable opportunity to inspect the goods in question.
Tech Sale Australia shall not be liable for any damage if the buyer makes any further use of the goods after giving notice, or if they alter or repair the goods without permission from Tech Sale Australia.
Tech Sale Australia's liability under the warranty shall be limited to repairing or replacing the goods in question, or refunding the price of such goods.
Please refer to Tech Sale Australia 12 months limited warranty terms and conditions for more details.
Conditions Relating to Both Your Use of Tech Sale Australia and Sales to You
Tech Sale Australia does not sell products to persons under the age of 18, although we do sell children's products for purchase by adults. If you are under 18, you may use Tech Sale Australia only with the involvement of a parent or guardian.
21. Electronic communications
When you visit Tech Sale Australia or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
22. Losses and Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms and Tech Sale Australia shall, under no circumstances, be liable to the buyer for any consequential, indirect or economic loss or damages.
Tech Sale Australia will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
23. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies of Conditions of Use & Sale in force at the time that you use the website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
24. Events beyond our reasonable control (Force Majeure)
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If either party is subject to an event of Force Majeure, that is circumstances outside of reasonable control (including, but not limited to war, fire, industrial disputes or civil commotion) the other party must be notified and the first party's obligations under these Terms shall be suspended until the other party is notified that such an event has ended.
If you breach these conditions and we take no action, we will still be entitled to use our rights in any other situation where you breach these conditions.
26. Governing law and jurisdiction
If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.