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The following terms and conditions apply to your use of the Mr.Gadget - Australia web site ("the web site") by Mr.Gadget (Australian Business Number) ABN 60 109 806 939 and any company member of its group, (herein after referred to as Mr.Gadget) and its customers. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Mr.Gadget. Mr.Gadget may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Mr.Gadget, the customer herein agrees to be bound to the terms and conditions listed on Mr.Gadget.
1. Placing Order / Pricing
Any Quotation made by Mr.Gadget is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Mr.Gadget within seven (7) days of receipt by Mr.Gadget of the customer's offer.
All pricing is in Australian dollars and exclusive of GST because this is an international site. Please note that pricing and stock availability are subject to change without prior notice. Mr.Gadget reserves the right not to sell below its cost. E & OE.
All orders placed are subject to confirmation and acceptance by Mr.Gadget, this includes the pre-paid orders, eg. direct deposit etc.
Mr.Gadget may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Mr.Gadget requests payment for increased prices, you may cancel the order by giving notice to Mr.Gadget, which must be received within seven days of the announcement of the increase.
To minimise errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Quantity in stock displayed on the web site should be considered as a guide only. Quantity in stock does not take into account the orders already placed which are yet to be processed. It is possible that an order placed earlier will receive the allocation of the part in which the quantity for it showed as in stock at the time of your order. Inventory discrepancy can also affect the accuracy of the stock status displayed on the web site.
Price may vary depending upon location due to freight costs and other logistical requirements.
Overcharge on freight will be credited and converted as Frequent Buyer Points to Mr.Gadget member cusomter only.
Mr.Gadget reserves the rights to adjust freight cost at any time.
2. Delivery/collection
We only ship to PO Boxes after the customer has provided a valid reason. Mr. Gadget holds the right to refuse to ship to PO Boxes if no satisfactory reasons are provided.
We do not ship to third party addresses unless that address is known and can be verified by Mr.Gadget.
The Customer shall at its own expense, arrange collection of products from Mr.Gadget at its premises. Alternatively, Mr.Gadget in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Mr.Gadget's premises unless the Customer has insured the item when buying from Mr.Gadget.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will be sent an E-mail acknowledgement which will include an Internet link with your order tracking number which can be used to track your order status.
3. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Mr.Gadget in writing providing for liquidated damages for failure to deliver by the Quoted date, Mr.Gadget shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Mr.Gadget to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Mr.Gadget in writing. The latter case would still attract the normal restocking fee.
4. Returns / Refunds / Cancellations
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order.
Returns for refund will only be accepted within 7 days of you receiving the goods. A restocking fee of 25% of the purchase price will be deducted. Returned goods must be in its original condition and include all the original packaging. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Mr.Gadget within 24 hours of you receiving the delivery. This can only be done by E-mail, Fax or Phone.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Mr.Gadget owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by Mr.Gadget, the Customer may be required to provide information in that Mr.Gadget can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Mr.Gadget. Failure to provide sufficient information may delay the refund or cancellation, Mr.Gadget is not to be held responsible for any delays according to clause provided by Mr.Gadget.
Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone, email or Fax. Saturdays, Sundays and holidays by E-mail or Fax only.
Cancellations for assembled system orders will incur a 10% cancellation fee. This is to reflect the labour cost and the depreciation for the used parts.
Cancellation for specially ordered items will also attract a 10% cancellation fee. This is to cover the return to stock fee implied by our suppliers and shipping cost.
5. Warranty Claim
All goods sold by Mr.Gadget come with an one-year back to base manufacturer warranty, it can only be shorter if a special note is mentioned about an item. Computer systems built by Mr.Gadget carry a one year parts and labour warranty. This warranty is not transferable. The system warranty only covers the system unit; it does not extend to any peripheral components such as monitors, keyboard etc. All the peripheral components are covered by standard manufacturer warranty.
Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances.
Mr.Gadget is responsible for the handling of most products¡¦ warranty processes. Warrantees for individual parts we sell are provided by the manufacturers, not Mr.Gadget.
Warranty only covers the item(s) sold by Mr.Gadget. Warranty does not cover any other equipment used in conjunction with the item(s) sold by Mr.Gadget.
Mr.Gadget does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from customers. Most of the monitors, printers, notebooks etc are covered by direct manufacturer warranty.
DOA (Dead on arrival) items are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. This is particularly important for printers, monitors etc where the manufacturers have strict guidelines.
In the event that normal stock lines, advertised in the Mr.Gadget price list are to be returned. A 25% restocking charge applies goods must be in original saleable condition & a copy of invoice attached. This applies within 14 days of delivery & at the sole discretion of Mr.Gadget an "RA" number & approval must be received before sending the goods & this must appear on returned goods & documents.
Please complete the online warranty return form to obtain "RA" number form Mr.Gadget & clearly mark goods with same, attaching copy of original purchase invoice, Mr.Gadget warranty & serial number labels must be clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received with 7 days of invoice date, goods remain the property of your customer & will be processed by the relevant manufacturer of agent as soon as possible. Mr.Gadget will not be liable for any loss, whether material or not of such goods.
All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
Mr.Gadget is not responsible for data contents or the security of the data contents contained in any returned goods. Our workshop works under strict guidelines, not to intercept with any customer data. Despite this customers should back up any data prior to sending the goods back to us; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. We do not provide data recovery service.
Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.
Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to Mr.Gadget. Mr.Gadget is not responsible for any parcel missing in transit, on its return back to Mr.Gadget.
Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.
6. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier¡¦s own test and replacement/repair, and the shipping back to us
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Mr.Gadget is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, you should consider purchasing it from a provider that offers instant replacement.
7. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Mr.Gadget without deduction or demand, within the approved term as advised by Mr.Gadget, or in the absence of a term approved by Mr.Gadget, within (7) days from the order date.
Payment for products ordered through Mr.Gadget can be made by credit card or Mr.Gadget account.
8. Default in Payment
If the Customer defaults in payment to Mr.Gadget, then:
a/ the Customer shall pay to Mr.Gadget, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to Mr.Gadget shall become due and payable forthwith without demand, and
c/ Mr.Gadget may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full
9. Liability
a/ Mr.Gadget shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ Mr.Gadget expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
10. Retention of Title
10.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by Mr.Gadget. Until the Customer has paid to Mr.Gadget the full purchase price:
a/ Customer shall hold the Products as bailee for Mr.Gadget.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify Mr.Gadget against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Mr.Gadget, or repossession or attempted repossession by Mr.Gadget.
d/ any sale of the Products shall be effected as bailee for Mr.Gadget, and the proceeds of such sale shall be held on trust for Mr.Gadget. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit Mr.Gadget to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by Mr.Gadget, wherever they are located.
10.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Mr.Gadget and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between Mr.Gadget and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
then Mr.Gadget may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Mr.Gadget reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, the Customer ceases to be liable to Mr.Gadget for payment for the Products, If Moneys are recovered in full.
11. Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
12. Obligations of the Customer
As member of Mr.Gadget, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Mr.Gadget will not be held responsible in any manner.
On the first purchase the Customer places with Mr.Gadget, the Customer might be required to provide additional identification to Mr.Gadget to help eliminate Internet credit card fraud and to provide additional security.
Mr.Gadget reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Mr.Gadget immediately.
Mr.Gadget does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
13. Provision of Credit
The provision of credit and/or the continued provision of credit by Mr.Gadget to the Customer from time to time, shall be in the absolute discretion of Mr.Gadget.
a/ Mr.Gadget may at its absolute discretion extend credit to the Customer; or
b/ extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to Mr.Gadget; or
c/ may at any time vary or cancel the credit facility available to the Customer Credit account must have Mr.Gadget Guarantee in place.
14. Differences and Complaints
Subject to the provisions of clause 7, Mr.Gadget shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Mr.Gadget in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
15. Waiver
The failure or neglect by Mr.Gadget to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Mr.Gadget's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Mr.Gadget's right to take subsequent action.
16. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. Governing Law
Mr.Gadget and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Victoria, Australia.
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