terms and condition of sale

Terms and Conditions of Sale

Terms and Conditions

Terms and Conditions of Sale
 
These Terms and Conditions apply to the ordering, purchase and delivery of Nextbase products on www.nextbase.au ("Nextbase Store"). Products purchased through the Nextbase Store (“Products”) are sold and distributed by Ingram Micro Pty Ltd ABN 45 112 487 966 (“we”, “us” or “our”). The Products on the Nextbase Store are only available for purchase in Australia. These Terms and Conditions do not cover Products not purchased from the Nextbase Store or sale of products by third parties to you.
 
Your submission of personal information for Products purchased from us on the Nextbase Store is governed by our Privacy Policy located at http://au.ingrammicro.com/Pages/PrivacyPolicy.aspx. The terms of our Privacy Policy are made part of these Terms and Conditions by this reference. If you do not agree to our Privacy Policy or these Terms and Conditions, you should not proceed with the transaction.
 
Please note that when you access and use the Nextbase Website including the Nextbase Store, your information will be collected and stored in accordance with Nextbase’s website terms of use and privacy policy. View Nextbase’s and here.
 
 
ORDERS
You can place an order for the Products by following the instructions on the Nextbase Store (“Order”). We will email you an order confirmation after we have received your Order (“Order Confirmation”). An Order Confirmation or processing of your Order does not constitute acceptance of your Order. All Orders are subject to our acceptance and no contract for the purchase of Products or Services will be formed until your Order is accepted by one of the following:
 
        1. (a) delivering the Product to you and sending you a shipment confirmation email; or
        2. (b) providing a Service to you.
For purposes of these Terms and Conditions, reference to “Service” means the performance of a task, assistance, or access to a resource (such as access to an information database) that we make available to you.
 
We reserve the right (at our sole discretion) to decline, reject or limit your Order, for various reasons including if:
        1. (a) you do not accept these Terms and Conditions (including the Privacy Policy);
        2. (b) you do not provide a valid shipping address within Australia;
        3. (c) your payment for the Order is unsuccessful;
        4. (d) the Product or Service you have ordered is not available or will not be available within thirty
          (30) days;
        5. (e) the information you provided us is incomplete or inaccurate, or
        6. (f) if there are any errors in connection with your Order or the Nextbase Store.
If we decline, reject or limit your Order after you have made payment, we will notify you and refund the amount paid. If there are any errors on the Nextbase Store that affects your Order or if there has been an error in the price of the Product you ordered, we reserve the right to correct the error and will endeavour to notify you of the same. In such case, you may either choose to purchase the Product at the correct price or information or cancel your Order and we will refund you the amount paid.
 
 
CONTRACT
(a) Your Order; (b) these Terms and Conditions; (c) our Privacy Policy, and (d) any associated Nextbase warranty statements, licence agreements, applicable attachments and documents created pursuant to these Terms and Conditions, will form the contract between us (the “Contract”). Any additional documents or communications are not valid or binding on us unless expressly agreed in writing by us.
 
 
PRICES AND OFFERS
All prices are in Australian dollars and unless specified otherwise, include all applicable taxes and standard delivery charges. All promotional prices are final prices and cannot be combined with other existing promotional offers. Offers, prices, specifications and availability may change or be withdrawn without notice.
 
We take no responsibility for any editorial, photographic or typographic errors, and may correct any errors and change or update information on the Nextbase Store without prior notice. Subject to a reduction in price in accordance with the succeeding paragraph below or unless a change in price is caused by our error, any change in Product price will not affect you once we have issued you with an Order Confirmation.
 
If the price of a Nextbase Product or Service (excluding items on clearance, promotion or discount) is reduced on the Nextbase Store after you have purchased it from us, you may contact us to request for a refund of the difference in the amount paid and the reduced sum within seven (7) days of delivery of the Product or Service. For clarity, this is not a price match guarantee and we will not match the prices offered by other retailers for the same Product.
 
 
PAYMENT
The total amount specified on the checkout page is the amount payable. We accept payment by valid Australian-issued Visa, Mastercard or through any of the online payment service providers available at the checkout. We are not liable for any fees incurred by you as a result of your chosen payment method. In certain circumstances, we may require a re-authorisation for your chosen method of payment. However, you will not be charged twice if this occurs.
 
 
SHIPMENT AND DELIVERY
Freight charges associated with non-standard shipping are your responsibility. We will inform you of such freight charges at the time you place your Order. All deliveries require a signature therefore you are required to ensure that someone is present to accept delivery.
 
After placing an order, you will receive an Order Confirmation email providing you with a unique reference number. Once your Order has been shipped, you will receive an Order shipment email confirming your freight consignment number for freight tracking with our freight provider.
 
Delivery time depends on the delivery location and is estimated to be one (1) week after shipment to most major metropolitan areas, and two (2) weeks after shipment to other areas. Items in your Order may be shipped together or separately. If your Order is not delivered within thirty (30) days from payment, you are entitled to cancel your Order and we will provide you with a refund.
 
 
CANCELLATION AND VARIATION BEFORE DELIVERY
Unless otherwise provided in these Terms and Conditions, Orders cannot be cancelled or amended after the Order is submitted. You are therefore advised to review your Order carefully before proceeding to checkout and payment.
 
 
DELIVERY ERRORS
If we make an error by delivering the incorrect Product and/or quantity to you, we will provide you with the correct Product and/or quantity and will arrange return or collection of the incorrect Product at no cost to you. Please contact us at [email protected] to arrange for return of the Product.
 
 
PRODUCT DAMAGED ON ARRIVAL
If the Product delivered to you has obvious damage on its packaging, please reject the delivery and we will organise for a replacement product to be resent. If upon opening the packaging you discover that the Product has sustained physical damage, please contact us within seven (7) days from the date of delivery and we will provide you with a
replacement Product. You will also be required to provide us with proof of purchase and any delivery documentation. We will arrange for the return or collection of the damaged Product from you at no cost to you.
 
 
RETURNS POLICY
The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
 
If a Product is faulty or if you have any problems with your Product, please contact 03 8820 5729 or email the Nextbase Customer Service team at [email protected] for assistance.
 
We reserve the right to inspect the Product and verify fault. You are required to return the faulty Product to us for assessment and the Product must be returned in a reasonable condition with documentation and original accessories intact, along with proof of purchase, the original packaging materials, shipping label and packaging slip. You do not need to return the Product in the original packaging but you should ensure that the Product is properly packaged to prevent damage or water seepage. We will notify you of our assessment within a reasonable period of time. If a Product is found to be faulty, you are entitled to have the Product repaired, replaced or a refund in accordance to your rights under law. All refunds will be made via the payment method used for the original transaction.
 
If we reasonably determine after inspection that the Product is not faulty, or if the fault is caused by you, or is a fault that is not covered under the Product warranty, we reserve the right to refuse a refund, replacement or repair and to charge you the cost of collecting the Product from and returning it to you plus any costs of inspecting the Product. Our return policy excludes Nextbase Services, third party goods or services and pre-installed software Products.
 
This section does not affect your statutory rights under the Australian Consumer Law and your rights set out in these Terms and Conditions are in addition to any statutory right you may have under the Australian Consumer Law.
 
 
PRODUCT WARRANTIES
Nothing in these Terms and Conditions excludes or limits any statutory rights available to you under State and Commonwealth legislation, including the Competition and Consumer
 
Act 2010 (Cth) which cannot be excluded, restricted or modified by contract. These Terms and Conditions must in all cases be subject to those statutory provisions.
 
In addition to the statutory rights referred to above, Nextbase hardware Products are expressly warranted under the Nextbase Limited Warranty accompanying each Nextbase hardware Product. Additional warranties for Products may be provided by Nextbase where expressly specified.
 
A copy of the Product warranties can be found.
 
Without limiting the foregoing, and to the extent permitted by law, all express and implied representations, conditions, warranties, guarantees or other provisions that are not contained in these Terms and Conditions (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
 
 
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, WE (INCLUDING OUR RELATED BODIES CORPORATE, OFFICERS, EMPLOYEES AND AGENTS) EXCLUDE ALL LIABILITY ARISING FROM YOUR USE OF THE NEXTBASE STORE, ANY ERROR OR MISTAKE OCCURRING ON THE NEXTBASE STORE, ANY INTERRUPTION OF USE, ANY BUGS, VIRUSES, MALWARE, TROJAN HORSE VIRUS OR OTHER HARMFUL CODE OR COMMUNICATIONS WHICH MAY BE TRANSMITTED TO OR THROUGH THE NEXTBASE STORE OR ANY LINKS TO THIRD PARTY WEBSITES FROM THE NEXTBASE STORE.
 
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, AND TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE WILL WE (INCLUDING OUR RELATED BODIES CORPORATE, OFFICERS, EMPLOYEES AND AGENTS) BE LIABLE FOR ANY LOSSES OR DAMAGES THAT A THIRD PARTY SUFFERS, ANY LOSSES OR DAMAGES WHICH ARE NOT A FORESEEABLE CONSEQUENCE OF OUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS, ANY LOSS OR DAMAGE TO DATA, ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES OF ANY KIND, ANY LOST PROFITS, BUSINESS,
REVENUE, GOODWILL OR ANTICIPATED SAVINGS. THIS LIMITATION AND EXCLUSION WILL APPLY EVEN IF WE WERE INFORMED OR SHOULD HAVE KNOWN OF THEIR POSSIBILITY.
 
 
TITLE AND RISK OF LOSS
When you purchase hardware Products, title is transferred to you ondelivery. You undertake to pass us title to any returned hardware Products free from all encumbrances. For each hardware Product, the risk of loss or damage
will pass to you on delivery of the Product.
 
 
PRIVACY
Ingram Micro and its related companies will process, store and use personal information collected from you or on your behalf from your transaction on the Nextbase Store. Ingram Micro may disclose or share your personal information with the Product manufacturer, the Product manufacturer’s customer support centre which may be located outside of Australia, an authorized repairer or third party service providers whom we work with in the course of our business including customer support, delivery, security, financial and legal advisory, banking, payment processing, web-cart hosting and support, credit reporting, fraud checks, data storage, information processing, order tracking, marketing, product reviews, responding to customer queries and complaints, technology services or law enforcement agency for compliance purposes or to assist with investigations.
 
You acknowledge that any Product that you return to us may be sent to the Product manufacturer, a repairer or a third party service provider. If the Product you return contains personal information, you consent to us disclosing any such personal information contained in the returned Product to Product manufacturer, a repairer or a third party service provider. By purchasing from the Nextbase Store and providing us with your personal information, you agree to be bound by our Privacy Policy.
 
Your data protection and privacy rights and the manner in which your personal information will be collected, processed, stored and used are set out in our Privacy Policy. Please refer to our Privacy Policy at http://au.ingrammicro.com/Pages/PrivacyPolicy.aspx for more information.
 
 
GENERAL
You warrant that any purchase made by you from the Nextbase Store is not for the purpose of commercial resale.
 
We will not be liable for any loss or damage suffered or incurred by you for any delay in fulfilling or failure to fulfill your Order caused by any circumstance beyond our reasonable control.
 
We reserve the right to amend, vary and/or replace these Terms and Conditions from time to time at our sole discretion.
 
Any provision of these Terms and Conditions which is held to be illegal, void or unenforceable shall be deemed to be severed and the remainder of these Terms and Conditions read in full force and effect.
 
These Terms and Conditions are governed under the laws of New South Wales, Australia and you submit to the New South Wales courts having jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions.

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