Version 4. 22 October 2012,UID 1210221015
Part A | The Policy
1. This policy forms part of the Service Provision and/or Use of Service Agreement (SPUSA) and should be read within the context of, as part of, integral to and influenced by this agreement.
2. We reserve the right, at our discretion, to modify or remove portions of this policy at any time.
Part B | Purchasing and Payment
1. For each online order, you must pay the displayed price for the relevant goods, any relevant taxes as well as any delivery and/or handling fee specified on the website at that time.
2. Your order and credit card details are safe and secure. All personal and credit card information provided to us are encoded using Secure Sockets Layer (SSL) encryption technology.
3. We operate an online and (where appropriate) automated billing system. This offers significant benefits and also creates certain obligations and responsibilities. We pass on the benefits of these systems in lower fees than we would otherwise have to charge and we absorb (do not charge) for bank and eCommerce transaction fees.
4. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
5. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Harris Technology.
Part C | Ordering Goods
1. When you place an order using this this site, it is an offer by you to purchase a particular product or service for the price (and additional fees as apply) as specified on this site at the time you place your order. Y
2. You agree that by placing your order, you are agreeing to pay for and accept delivery of the goods ordered.
3. You may request a cancellation of the order, however the order remains unaltered and applicable unless we send you written confirmation of the cancellation.
4. Orders may not usually be cancelled, though in extreme circumstances you should contact us. Requests for cancellation must be made prior to the goods being dispatched to you or services being rendered to you.
5. We may request additional verification or information before accepting an order. Orders from outside mainland Australia and Tasmania may incur additional delivery and other costs.
Part D | Delivery and Collection
1. All orders placed through this website are subject to confirmation and acceptance by us. We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If we request payment for increased prices, you may cancel the order by providing us with written notice and this notice must be received within seven days of the announcement of the increase.
2. We, or our agent will deliver the goods and/or services you ordered to the location you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available we will notify you of this as soon as possible.
3. Anyone at the delivery address or using your nominated email account who receives the goods will be presumed to be authorised to receive the goods.
4. If the goods and/or services prescribe by law a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods.
5. In delivering goods and/or services to a physical address, we may refuse to deliver goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no one at the delivery location or no one of appropriate age to receive and (where applicable) to pay for the order, we may withhold the product or service and charge you additional delivery fees at a later time.
Part E | Return and Refund of Products and Services
1. Unless clearly stated in our sale agreement or on the site at the place of publishing, we do not accept returns or offer refunds.
2. Where we have provided a period of time in which returns can be made, we will accept the products in their original, unopened and undamaged packaging. You must also obtain a Return Authorisation Number as described in paragraph 2 of this sub-section.
3. Software, or code installed on a website or technology platform, can only be refunded when unopened, not downloaded, not installed or incorrectly installed. Licensing and media are sold on a no return basis.
4. If upon delivery your product is found to have been damaged in transit, has a manufacturer-approved return authority or is incorrectly shipped, contact us. We will issued you with a Return Authorisation Number where one applies. Return the product to us within 14 days of purchase, with the Return Authorisation Number.
5. Where we have provided a period of time in which returns can be made, we will accept the products in their original, unopened and undamaged packaging, under terms explained below.
a) You must contact our support team and obtain a Return Authorisation Number as described in paragraph 6 immediately below.
b) You must package the product for return as explained in paragraph 7 immediately below or return it personally as explained in paragraph 8 immediately below.
6. To obtain a Return Authorisation Number we may require the following information from you: the purchaser’s name and contact details, invoice or order number, part or product to be returned, serial number, packing slip or invoice details, the state of the packaging, reason for return and/or more. Each Return Authorisation Number is only valid for the order and product authorised and for 14 days from the date of purchase.
7. Package and address the product for return, ensuring it is suitably packaged to prevent damage during return transport. All accessories and manuals must also be included. We will not accept responsibility for goods being returned and are damaged in transit.
8. You may return the product to one of our outlets or agents, or we may arrange to pick the product up from you. You will need to keep a copy of the consignment note as proof that the product has been picked up from you.
9. If you receive a product that appears to have been damaged in transit, you should insist upon immediate inspection of the goods before accepting them. If upon inspection the goods are damaged, you should refuse to accept delivery of the product, direct the courier to return the goods to the sender and immediately contact us.
10. Do not open the product before returning it. We will not usually accept any opened product(s) for return unless the product(s) is returnable under an Extended Warranty, a manufacturer’s warranty or other contract or law. This includes products that are damaged in transit, have a manufacturer approved return authority, are the wrong product, develop a fault due to a cause occurring prior to purchase, are of un-merchantable quality, fail to perform to the manufacturer’s specifications or fail to perform as advertised. We retain sole discretion to accept opened product(s) outside of these circumstances and may charge a restocking fee for this service.
11. All products are sold with a manufacturer’s warranty, with the exception of ex-demo, clearance, second hand, imperfect or damaged product(s), or unless otherwise noted.
a) If a product purchased from us develops a fault after 14 days from original purchase, and is within the manufacturer’s warranty period, you should, in the first instance, contact the manufacturer or their authorised service centre or agent for warranty service.
b) If a manufacturer offers to accept your return via us, obtain a Manufacturer-Approved Return Authority Number from them, record the details of your contact with the manufacturer and then contacting our Customer Service team with this information.
c) If the manufacturer asks you to return the product direct to the manufacturer, agent or a third party, then you should follow their directed with due care.
12. Our actions upon receipt of a returned product may include, but not be limited to, testing the returned product, possibly by return it to the manufacturer for testing.
a) Where testing determines that the product is in full working condition or any defects or damage were caused after you took receipt of the product, it will be returned to you. You may also be invoiced a processing fee and any freight costs associated with the return.
b) Where testing determines that the product is defective, we will issue a credit for the original purchase price of the product and associated freight costs.
c) If the fault could not have been detected at purchase, and is not due to wear and tear or misuse, we will offer you a repair, replacement or refund, as appropriate, subject to paragraph 1 above.
d) If the fault does not fit the criteria listed in item c) immediately above, and it is not covered under the manufacturer’s warranty, or extended warranty, then we will provide you with a quote for the repair costs and offer you the option if proceeding this way. If you decide not to proceed with the repair, the the manufacturer may charge you a quote rejection fee.
e) Once the product is returned, we will arrange return delivery of the product to you. Where the product fault does not fit the above criteria and is not covered by the manufacturer’s warranty or extended warranty (where applicable), we will require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product(s) to you.
f) Any invoiced amounts will be payable within 30 days of receipt of invoice.
13. For products in their original, unopened and undamaged packaging, a credit will be issued for the original purchase price of the product less any associated freight costs.
These, or other credit notes issued at our discretion, will usually be issued within 7 working days of us receiving the goods returned, unless the goods are obviously faulty and require testing. The credit note which is issued can then be used as a payment against future purchases.
14. Where we at our discretion determine to issue a refund, refunds will be made either by applying a credit against the credit card used for the original purchase, or to a nominated account if a card was not used. The actual method of refund will depend upon the payment method used for the original purchase.
15. In some circumstances, a replacement product or repair will be offered instead of a full refund. We will consult with you and act in accordance with relevant warranties, other contracts and statutes. If we elect to chooses to have the product replaced or repaired, we will do this at our cost and return the product (or its replacement) to you.
16. A claims not covered by warranty should be directed to the manufacturer or an authorised service centre or agent. If a manufacturer offers to accept such a claim via a return to us, obtain a Manufacturer-Approved Return Authority Number from them, record the details of your contact with the manufacturer and then contacting our Customer Service team with this information.You must inform our representative that the goods are being returned for non-warranty service or repairs, and follow the same packaging care and terms explained above. We will not pay or reimburse any costs associated with a customer-initiated shipment for non-warranty service or repairs.
17. Upon receipt of the product, we will follow the same procedures with the manufacturer as detailed above. We will require payment of the manufacturer’s service charges and any costs associated with processing of the return prior to returning the product to you, where incurred by us at our discretion.
Part F | Variability of Prices and Terms
1. We may, at any time, change the prices or terms published on this website. You should make sure you are aware of the price and terms and this variability as it applies to your purchase.
2. Unless clearly stated otherwise, all prices quoted do not include GST (Goods and Services Tax).
3. While every effort has been made to ensure the accuracy of prices and information displayed, we reserve the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product pr service, an error in price or the product/service description, or an error in your order.
4. We reserves the right to restrict sales quantities when supplying any party at any time.
5. In circumstances where discount prices, trial offers, individualised service packaging or some other variation to normal product and service offers occurs, the terms of such offer will vary by offer. Other terms and conditions posted on site or by other reasonable means to you shall remain applicable unless specifically substituted and stated.
6. At the end of any trial or special condition period you will be automatically charged and/or subscribed and your credit card will be debited for the associated fees. If you wish to terminate the trial and do not wish to proceed, purchase or subscribe, you must cancel before the close of business (5pm Sydney, Australia time) on the day of your trial period.
Part G | Title, Risk and Limitations Upon Ownership
1. Title to goods and services involving revocable code or intellectual content purchased on this site does not pass from us to you until we have received payment in full for the goods.
2. Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images
(including, but not limited to, text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled and are reserved, by us.
3. You may not, without our prior written permission and the permission of any other relevant rights owners, copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from any product or service purchased by you from us for any purpose without express approval from us. You must never reproduce our design, style standards or formatting without express approval from us.
4. This prohibition does not extend to materials on this site which are clearly expressed to be freely available for re-use or replication,
subject to any conditions we specify; or any fair dealing for the purposes of private study, research, criticism or review within the laws of
this jurisdiction.
5. If content is explicitly identified as being available for dealing under a creative commons license, you are authorised to deal with the
relevant content under the terms of that license.
6. All risk in the goods passes to you upon delivery.
Part H | Actions in Case of Defaulted Payment
1. If payment is defaulted or not received for any reason, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
2. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm he same rights and undertakings explained in this policy to them.
3. We reserve the right to suspend or terminate any website, service or account, at our discretion, if payment is defaulted.
4. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you as required under the terms of our supply arrangement.
5. We reserve the right to inform other providers of Internet, Information Technology or other credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
Part I | Willingness to Assist and Renegotiate Payment Terms
1. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or need to renegotiate a payment plan, please email admin@thearnoldcollection.com .
Part J | Questions
1. Email questions to admin@thearnoldcollection.com