TERMS AND CONDITIONS FOR GOODS SOLD BY TEKITIN FROM TEKITIN.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Tekitin (ABN 44212908981) (“Tekitin Technology”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from tekitin.com.au. By placing an order for Goods from Tekitin you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Website” means tekitin.com.au.
2. YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Tekitin represents they will be fit for, and that the Goods will correspond with any relevant description. 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 Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 Tekitin reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Tekitin.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Tekitin will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Tekitin will cancel your Order. Tekitin will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 If Tekitin agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4.1 You can place an Order by following the instructions on the relevant Tekitin website.
4.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Tekitin may accept or reject your offer in its absolute discretion. In particular, but without limitation, Tekitin may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact [email protected]
4.3 Each Order that you place will, if accepted by Tekitin, be a separate and binding agreement between you and Tekitin with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
4.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Tekitin with their personal information and, by placing an Order, you confirm to Tekitin that you have done this.
4.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Tekitin that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
4.6 For “Factory Scoop” Goods, a limit of one per customer applies.
4.7 Please ensure that you enter all information carefully when placing an Order. You warrant to Tekitin that all information provided by you in relation to each Order is complete, true and accurate.
4.8 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Tekitin. Tekitin will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
4.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Tekitin will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Tekitin, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
4.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Tekitin cannot consolidate separate Orders into one delivery.
4.11 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware and software). Please note that for CD, DVD, computer games, console games, “Factory Scoop” and “Appcessories”, Delivery Charges, Additional Delivery Charges and International Delivery Charges are weight based and consequently you will be required to pay a separate Delivery Charge and any applicable Additional Delivery Charge and International Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
4.12 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
4.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
4.14 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
4.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Tekitin will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
5.1 When you submit an Order you will receive an Order reference number via e-mail.
5.2 Tekitin will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Tekitin when Tekitin does this, however Tekitin may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Tekitin cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.
5.3 When Tekitin accepts an Order it represents an agreement by Tekitin to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
5.4 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, or PayPal account.. If the name on the credit card/payment card/account does not match the name on the Order, Tekitin may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Tekitin to deduct the price and the applicable delivery charge(s) from such card.
5.5 Tekitin reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
5.6 Tekitin may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, your Order will be placed on hold and Tekitin will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with Tekitin requests within the timescale specified, Tekitin may cancel your Order.
5.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6. CANCELLATION OF ORDERS
6.1 Tekitin reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Tekitin may do this for example, but without limitation, where:
(a) Tekitin suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Tekitin's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Tekitin is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Tekitin to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Sections 3.4 or 6.9.
6.2 You may cancel your Order where Tekitin:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
6.3 Where Tekitin cancels your Order after acceptance it will send you an e-mail notifying you of cancellation..
6.4 In the event of Tekitin or you cancelling your Order after payment has been processed, Tekitin will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
6.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Tekitin will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. AVAILABILITY OF GOODS/REFURBISHED STOCK
7.1 As Tekitin is dependent upon its Suppliers to provide stock, Tekitin cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Tekitin reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Tekitin will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
8.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
8.2 Goods will generally only be delivered to addresses within Australia via Australia Post. Tekitin is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order. Tekitin may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
8.3 Where requested, Tekitin will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, Tekitin will email you to arrange an alternative delivery address
8.4 Following dispatch of your Goods, Tekitin will email you with confirmation of dispatch and an invoice for your Order.
8.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
8.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Tekitin may charge you a reasonable fee for doing this.
8.7 For consumer electronics products stock will be labelled on the Website as either: “In Stock” or “Awaiting Stock”
- In Stock - Tekitin aims to have the Goods dispatched to you within 3 business days (some goods will be dispatched significantly quicker than this).
- Awaiting Stock – the Goods will need to be ordered from the supplier or transferred from another Tekitin store. Tekitin aims to have the Goods dispatched to you within 5-9 business days.
Delivery of software products should occur within standard Australian Post delivery times.
8.8 For all products other than consumer electronics products stock will be labelled on the Website as either: “In Stock”, “Awaiting Stock” or “Special Order”:
- In Stock - Tekitin aims to have the Goods dispatched to you within 3 business days (some goods will be dispatched significantly quicker than this).
- Awaiting Stock – the Goods will need to be ordered from the supplier or transferred from another Tekitin store. Tekitin aims to have the Goods dispatched to you within 4-9 business days
8.9 Delivery of software products should occur within standard Australian Post delivery times. For all other products, please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer. Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
9. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
9.1 You agree and acknowledge that:
(a) Tekitin does not guarantee the delivery or availability of Goods within the timeframes set out in Sections Sections 8.7 - 8.10 otherwise specified by Tekitin or any of its staff;
(b) events outside Tekitin's control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Tekitin nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
10. REFUNDS OF YOUR MONEY
10.1 Where Tekitin is obliged to refund your payment pursuant to these Terms and Conditions, Tekitin aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
10.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Tekitin will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. RETURNS/FAULTY OR DAMAGED GOODS
11.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Tekitin via email - [email protected]
11.2 If you have a problem with any Goods or otherwise wish to return them please refer to Tekitin's Returns Policy which forms part of these Terms and Conditions.
11.3 When returning Goods:
(a) please provide Tekitin with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
11.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
12. MORE INFORMATION ABOUT TEKITIN TECHNOLOGY LIABILITY TO YOU
12.1 To the full extent permitted at law, Tekitin is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
14.1 Tekitin reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
14.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
18.3 These Terms and Conditions are governed by the laws of New South Wales, Australia
19 July 2015