Terms and Conditions
About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean Ozsale and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between Ozsale and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australia Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
Copyright/Trademark Information
This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2006-2008 Ozsale.com.au All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of Ozsale , Ozsale Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
Colours
We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
Whilst Ozsale makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.
Indemnification
You must indemnify and hold Ozsale and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify Ozsale under this Section, Ozsale will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from Ozsale.
Limitation of Liability
In no event shall Ozsale or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Legal Capacity To Transact
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with Ozsale. Should Ozsale suffer any damage or other losses as a result of a transaction entered into by a minor, Ozsale reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Ozsale.
Placing Your Order
You may place an Order by adding items to ‘My Cart’ on Ozsale Web Site and clicking the "Check Out" button. When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Ozsale website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however Ozsale will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Ozsale and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
OZSALE PTY LIMITED uses NAB Transact to provide a secure environment for the authorisation of credit card and charge card transactions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
Our payment page is also fully PCI DSS compliant please visit
https://www.pcisecuritystandards.org/tech/ for more information.
GST
All Ozsale purchases include GST unless otherwise stated on the Product listing.
Prices
Ozsale will use its best endeavors to list Products with the most competitive prices. Ozsale reserves the right to change prices for Products displayed at the Ozsale web site at any time. Our products are sourced from within Australia and international markets and as such some may not be available for sale in Australia. This means that there may be no Australia recommended retail price for some products. Where we have been able to establish that a product is for sale in the country, we have used that products market price as the recommended retail price. In other cases, a recommended retail price has been established by converting the price in the market from which the goods were sourced (plus any applicable duty or freight) into Australia dollars. The exchange rate used on conversion to Australia dollars is that which is applicable at the time the goods are first landed in Australia as published by our bank.
Ozsale Vouchers
Each 'Ozsale Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'Ozsale Voucher' has an expiry date which cannot be modified.
The use of a 'Ozsale Voucher' requires the total value of the order (excluding delivery costs) to be higher than the monetary value of the discount given by the 'Ozsale Voucher'. Some discount 'Ozsale Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.
Under no circumstances can the value of a discount 'Ozsale Voucher' be deducted from an order if that 'Ozsale Voucher' is defective or out of date: no replacement 'Ozsale Voucher's will be issued.
When an order is placed using a discount 'Ozsale Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.
We reserve the right to modify or amend at any time these guidelines and the methods through which benifits are earned. We reserve the right to disqualify you at any time from participation in our Ozsale Refereal Program and remove any existing Ozsale Vouchers from your account.
Priority Membership
Once Priority Membership has been used to purchase any item or enter a ‘Priority Members’ only sale, ‘Priority Membership’ is non refundable.
Ozsale reserves the right in its sole discretion to cancel, terminate, modify or suspend the priority member package, and/or if necessary to provide alternative benefits to the same value as original benefits, subject to any written directions under applicable State or Territory legislation.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery Of Your Products
Delivery of your purchase is by Australia Post – Post e-Parcel. You will be provided with a delivery number where you will be able to track your order at
www.eparcel.com.au. Ozsale makes every effort to deliver your Product via Australia Post. If your Product has not arrived within 21 days, please contact us or you can track the status of your product at
www.eparcel.com.au by entering your delivery number. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post) will leave a card so you can pick-up your Product from your local Post Office. We will use our reasonable efforts to deliver your Products to you within the 14-21 days; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
Your Rights To Return A Product
Only credits are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Refund Policy
You may be entitled to a credit, provided you return the item to us within 14 days of your order being dispatched. The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. This includes the return of the original packaging including labels and tags still being attached. If the returned item is in a noticeably used condition, then a cedit may not be offered. Clothing and footwear items may not be returned if they have been worn, or if sewing tags have been removed. CDs and DVDs may not be exchanged unless required by legislation. Return postage is at your expense. We will issue you a Credit Voucher to the value of the item, once the item is returned. We DO NOT hold stock on Exchanges. ‘Credit’ allows you to purchase something different all together, after having viewed your original purchase. Once we have received your returned item or the refund has been approved according to your issue, we will then send you either notification of receipt of your item and/or an email issuing you a credit Refund. The type of Refund will be based on previous discussions, as to the type of problem. You will either receive a Refund into your nominated bank account or a credit of the purchase price will be added to ‘My Ozsale Vouchers’ in ‘My Account’ on the Ozsale webiste , which you can then use on a future purchase/s. If you have not received your Refund, after your approval notification, within 2 working days, please contact our Finance dept via our contact us page and you will certainly be looked after. Elective exchanges (where you decide you would like to return an item to us) must be advised to our customer service team via our contact us page within 7 days or receipt of goods.. You must also notify us within 14 calendar days from the date of your product being dispatched from our warehouse of any damage or faults. After this time period your product’s normal warranty applies. All shipments are fully insured by Ozsale.com.au. If you have received an item that is damaged please contact us via the contact us page and advise us of the nature and extent of the damage. Please also advise us of your name, contact number and order number.
Damaged Items
We will refund any items damaged in transit, at our cost, just as soon as we receive the damaged item back. We apologise for any inconvenience. It would also be very helpful if you were able to include some digital pictures of the damage so we may be able to assess it and process your replacement quicker.
Dead On Arrival Products - "DOA"
An Ozsale Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. An Ozsale Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product. Where Ozsale has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Ozsale. If the Product is deemed by Customer Services NOT to be DOA, Ozsale may in its absolute discretion refuse to offer you a refund for the Product. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. When a refund is given, the returned DOA Product becomes our property. Ozsale reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Ozsale will impose a $100 handling and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 7 days of delivery, Ozsale will refund you the purchase price of the product. Should you contact us outside the 14 day period customer service management will consider each claim on a case by case basis on its merits. Where we agree to refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 21 days from receipt of goods.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for all refunds and credits. Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products cannot be returned without a RAN. The Product should be returned to Ozsale within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund. When a Refund is arranged:
No refund will be given to you until Ozsale has received the DOA Product from you.
Refunds will be issued by a credit to "Your Account" with Ozsale.
Some Products - Manufacturer Only Warranty
Some Products sold through Ozsale are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing. For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Ozsale will refund you the purchase price for that item.
Computer Hardware - Exclusions and Limitations
Ozsale is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any Ozsale warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Ozsale will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with Ozsale Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Ozsale specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to Ozsale for replacement or a refund, Ozsale will in no manner whatsoever be responsible for any data you may leave on the computing Product.
Our Liability
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. Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Ozsale. Any unauthorized assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Ozsale for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Ozsale, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Ozsale reserves the right to change the Terms and Conditions of sale at any time. No Ozsale employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Miscellaneous
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of OZSALE. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and OZSALE are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Force Majeure
Ozsale shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Ozsale, and Ozsale shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
