TERMS AND CONDITIONS
This website is owned and operated by KOALA LAPTOP ACCESSORIES PTY LTD A.C.N 122 320 834 trading as “Laptop Plus” (“the Company”).
The material on the website is subject to the copyright of the Company and/or other copyright owners.
The website is available for you to access conditional on your acceptance without alteration of the terms and conditions set out below or linked to this page.
By continuing to access the website you are agreeing to the terms and conditions set out.
1. INTELLECTUAL PROPERTY RIGHTS
The material contained on this website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the Company’s prior written consent.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the Company’s prior written consent.
The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person.
When you order through this website a secure server is used. The server encrypts the information you send through this website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, the Company:
· Excludes all conditions and warranties implied by these Terms;
· To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and
· Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website.
Without limiting the general disclaimer, the Company:
· Is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
· Will not be liable for disruptions to this website; and
Is not liable to you or anyone else if interference with or damage to your computer system occurs in connection with use of this website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or malicious software.
B PRODUCT SALES
4. TERMS AND CONDITIONS
4.1 The following terms and conditions govern the sale of products by the Company to customers in Australia. By using this web site and/or accepting delivery of products ordered from the Company whether via this website, telephone, facsimile or other means, you agree to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS SHALL APPLY TO ANY SALE FROM THE COMPANY TO YOU. Products described on this web site are only available to residents of Australia when ordered through this website from a location and Internet Service Provider (ISP) within Australia AND for shipment to an address within Australia.
4.2 The Company reserves the right to change these terms and conditions without prior written notice at any time, at its sole discretion; the most current version will always be posted on this site. These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by the Company.
4.3 Own Use
You agree and represent that you are buying products from the Company for your own use and not for resale.
4.4 Order Cancellation Policy (change of mind or double orders)
Please note that we charge a restocking fee if a customer cancels their order. Exceptions will be made if a customer cancels their order due to a product not being in stock.
All orders that are place on our website are automatically processed by our secure pay system and forwarded to our warehouse for packaging and shipping. Therefore, while we understand that orders might need to be changed sometimes, we are unable to do it free of charge after an order has been processed.
· If you cancel your order BEFORE it has been shipped, you will be charged a $5 cancellation fee before credit is issued.
· If you cancel your order AFTER it has been shipped, you will be charged a $10 restocking fee and all postage fees.
4.5 Payment Terms: Orders: Quotations
Payment by credit card shall be subject to authorisation from your credit card issuer and such authorization must be received by the Company prior to order acceptance, unless some other pre-arranged method of payment has been accepted by the compnay.
Orders are not binding on the Company unless accepted by the Company. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by the Company. Product ordered may become unavailable due to product or parts shortages, discontinuance of product, or other reasons. In such event, the Company will promptly notify you via email, if provided, or telephone.
Any quotation provided by the Company will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for 48 hours from date of quotation.
4.6 Products and Prices: Shipping and Handling Charges: Taxes: Interest
Prices and configurations shown are subject to change without prior notice at any time before acceptance of your order. Prices are expressed in Australian currency and are GST inclusive. The Company is not liable for typographical errors or omissions and mistakes on quotations or prices. Images are for illustration purposes only and may not accurately portray the products delivered in response to orders placed.
Title and risk of loss shall pass to you upon shipment from the Company's facility. Title to all software will remain with the applicable licensor(s).
4.8.1 A twelve month warranty is given with respect to all goods purchased as and from the date of purchase. Conditions do, however, apply to product returns. In this respect, you agree to abide with the return policies of the Company set out in clause 4.10 hereof.
4.8.2 Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are expressly excluded. The Company is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply of the goods or arising out of the Company’s negligence or in any way whatsoever.
4.8.3 You warrant that you are over the age of 18 years and may otherwise lawfully conclude a contract with the Company.
4.8.4 The Company’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to any one or more of the following:
126.96.36.199 the replacement of the goods or the supply of equivalent goods;
188.8.131.52 the payment of the cost of replacing the goods or of acquiring equivalent goods;
4.8.5 The Company’s liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal t-
184.108.40.206 the cost of replacing the goods;
220.127.116.11 the cost of obtaining equivalent goods.
4.9 Software License and Warranty
All software is provided subject to the applicable end-user license agreement included with the product. Warranties, if any, for the software shall be in accordance with the license agreement. The Company does not warrant any software under these terms and conditions.
4.9.1 Shipment Delivery and Availability
The Company can only ship to your address in Australia. The Company cannot ship outside of Australia, or to Post Office Boxes.
The Company may deliver products in installments. Any delivery or shipment date provided is a good faith estimate. You acknowledge that product availability may be limited, and particular products may not be available for immediate delivery. The Company will not be liable for any loss, damage or expense related to any delay in shipment or delivery.
The maximum weight for a single order is 20kg. Orders above 20kg must be split into separate orders by the customer.
Typical delivery time is overnight, one day after the order is placed. Nevertheless, logistical problems may be encountered and, in consequence, delivery times may extend up to seven days from the date of the placement of the order.
If the nominated stock is unavailable, you will be advised by the email address you have provided and the Company will indicate the availability dates of the nominated stock or provide you with other options for your consideration.
Delivery time is calculated by reference to the estimated product weight including packaging.
Delivery within Australia (mainland) uses the following weight references:-
1. upto 1kg = $9 ex GST
2. upto 3kg = $14 ex GST
3. upto 5kg = $20 ex GST
4. 5kg and above = $20 ex GST + $6.50 per additional Kilogram
Product ordered is not available to be picked up from the Company save and except by prior arraignment with the Company evidenced in writing (email correspondence).
If no-one is available to sign for the delivery, a card is left at the premises and you will need to pick up the parcel from the TOLL depot or repay to have the parcel redelivered.
4.10 Return Policies
All returns require a Return Material Authorization (RMA) number, which may be obtained from the Company. An RMA must be requested within fourteen (14) days after you receive the product and all products must be returned to the Company within ten (10) days of receipt of the RMA number. The Company will only refund the original purchase price of the product. Original shipping and handling charges or similar fees and return shipping charges are not refundable. Returns made without an RMA number will be refused. You are responsible for shipping charges and risk of loss on all return shipments. You must use a reputable shipping carrier capable of providing proof of delivery, as well as properly packing and fully insuring the return shipment. Upon receipt of the returned product(s), the Company will inspect the product to be certain all parts are included and there was no abuse or misuse of the product, or user negligence. All products must be returned in original packaging and be in the same condition you received them. The Company may reject the return for, or deduct costs associated with: missing parts, non original packaging, abuse, misuse of the product or user negligence.
After receipt and inspection of the returned products, credit will be issued in accordance with the following:
4.10.1 Standard products are eligible for refund or replacement;
4.10.2 Sale of software products are final. These products may not be exchanged or returned to the Company. Defective products are repaired and replaced in accordance with the manufacturers' established policies. Contact the product manufacturer for its policy regarding product warranty or returns.
Prior to purchase, you are responsible for consulting compatibility charts on this web site to determine the compatibility of specific accessories with branded products. If you purchase an accessory from the Company and determine that the accessory is not compatible with another product within fifteen (15) days after you receive the accessory, the accessory may be returned to the Company to the extent permitted under the Company’s Return Policies above.
4.12 Service and Support
The Customer Support Centre personnel will attempt to help with any problem involving products sold by the Company. However, the Support Centre personnel may not be able to resolve every given problem. The Support Centre may be reached between 9.00 am and 5.00 pm (C.S.T) Monday to Friday (except public holidays).
5. No Assignment
You may not assign your rights or obligations under these terms and conditions without the express written consent of the Company.
If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.
8. Entire Agreement
These terms of sale constitute the entire and sole agreement between you and the Company and supersedes all prior agreements, representations, warranties and understandings with respect to the subject matter of these terms.
Any claim, dispute, or controversy between you and the Company arising from or relating to the agreement shall be subject to the law in force in the State of South Australia.