Terms & Conditions (19th September 2016)
The term “Dash Cams Australia” or “us” or “we” refers to Avoxx Pty Ltd ACN 166 096 135 trading as Dash Cams Australia, of PO BOX 74, Tullamarine 3043, Australia, Tel: (03) 9338 8772, email: email@example.com. The terms “you” or “the customer” refers to the user or viewer of this website.
Using this website
The content of the pages of this website are for your general information and use only. They are subject to change without notice.
We do not provide any warranty or guarantee as to the accuracy, completeness or suitability of the information and materials found on this website for any particular purpose. You acknowledge that such information and materials may be incomplete and contain inaccuracies or errors, that your use of such information or materials is entirely at your own risk, and we expressly exclude liability from your use of such information or materials to the fullest extent permitted by law including but not limited to indirect and consequential liabilities.
Your use of any product or service available through this website is entirely at your own risk.. It is solely your responsibility to ensure that any product or service available through this website is suitable for your use and compatible with your vehicle and that of any third party who you allow to use that product or service. We expressly exclude liability arising from your use or the use by any third party of products or services available through this website, including but not limited to indirect and consequential liabilities, to the fullest extent permitted by law.
We are not liable to you or any third party in any way, to the fullest extent permitted by law, for any loss, damage or liability including but not limited to indirect or consequential loss or liabilities, that you or a third party may suffer as a result of your purchase, use or ordering of, goods or services from us.
Any liability we have to you which cannot be excluded shall be limited to either the replacement of the product or service in question or to the refund of the price you paid for the goods or services, at our sole discretion.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Use or reproduction without our express prior consent in writing is prohibited other than in accordance with the copyright notice, which is incorporated into of these terms and conditions.
Ownership of all trademarks reproduced in this website, which are not the property of, or licensed to us, is acknowledged on the website.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
Because of the dynamic nature of technology and markets (e.g. exchange rate variations and other variables beyond our control), prices, versions, product details and availability for all goods on this website are subject to change on a continual basis without prior notice. Purchase of goods from us does not include upgrades to or software updates to the goods purchased unless specifically included in the product description.
Descriptions and specifications of products shown on our website are taken directly from information supplied by manufacturers. Products are supplied as named and described. Where a product description is accompanied by an illustration of the packaging or product itself, that illustration is for illustrative purposes only and may not look absolutely identical to the product to be supplied.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of Victoria, Australia and the jurisdiction of the courts of that state.
Quotes, Pricing and Payment
All orders for products and services placed by you either online or by other means are offers subject to acceptance by us. We may at our discretion accept or reject orders, or advise you of our inability to process your order for any reason. We may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone, fax or in person). Acknowledgement of your order is usually automatically generated and does not constitute an acceptance of the order. You should ensure that the information you submit in your order is accurate and complete.
We reserve the right to decline any order for any reason and to withdraw any quote at any time. Quotes expire after thirty (30) days if not withdrawn or accepted earlier.
Acceptance by you of a quote or work authorisation from us or payment of a deposit (if required) will constitute acceptance by you of these terms and conditions. In accepting these terms and conditions, you warrant that you have not relied upon any representations by us or our employees and agents which are not contained in these terms and conditions or in the quote or work authorization, and you also warrant that you accept the quoted price. Acceptance may be given verbally over the phone or in writing. Receipt of your customer confirmation email shall also be considered acceptance of these terms and conditions and the quoted price.
Any additional work carried out or additional products supplied outside of the agreed order will be charged to the customer at our discretion in addition to the quoted price. Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled. We reserve the right to change a price for accepted orders for goods in exceptional or uncontrollable circumstances. If a price for an ordered item is corrected due to exceptional or uncontrollable circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.
Credit cards accepted on this website are Visa, MasterCard and American Express. There is no surcharge on Mastercard or Visa. American Express cards attract an administration fee of 3%. We reserve the right to decline credit card payments (and/or request an alternative method of payment) at our discretion.
If the card payment is declined by your issuer due to lack of funds available, we cannot hold goods against your order.
We also accept payment by bank transfer (EFT) into our Australian bank account, or by approved cheque – your order will not be processed unless the bank transfer reference or cheque includes your order reference number and is cleared to our account. Note that a bank transfer or cheque order is not confirmed as accepted by us until payment has been received and the cheque has cleared.
Credit accounts to businesses are not offered by us as a matter of course and are subject to application. Government customers can place official purchase orders on a credit account basis; purchase orders are subject to verification.
Title to all goods supplied by us does not pass to the purchaser until payment in full has been received.
Full payment for all goods and services supplied by at your request is required in the due time from date of invoice. If the invoice does not state a due time, the due time is twenty-eight days (28 days) from the date of the invoice. In the event payment is not made by the due date, we reserve the right to charge interest for late payment calculated daily at 4% above Commonwealth Bank base rate both before and after judgment. We may also charge collection costs (if incurred), including legal costs in relation to all overdue accounts..
Australian GST is payable on packing/delivery charges.
Whilst we make every effort to deliver goods in the timeframe we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timeframe. We cannot accept liability for out of pocket expenses or other costs incurred by you or by any third party due to failed or delayed deliveries or a lack of availability of the product or service ordered. Once the delivery carrier has your product, delivery is deemed of our hands and out of our control and we do not take responsibility for failed and/or undelivered and/or missing parcels. It up to the customer to follow up or lodge a claim for any failed delivery and/or missing item with the carrier.
Where an incorrect address has been given with the order, or the courier is unable to deliver due to unavailability of anybody to sign for the delivery (they will leave an advice card in this case), or if you ask for the item to be redirected after we dispatch it, we will need to charge for any extra delivery costs incurred. We are not liable to you or any third party if an item goes missing due to changes in delivery instructions, non attendance, for a third party signature/s after the item has been shipped, or if you have given us an incorrect address and the item has been delivered and accepted at that incorrect address.
Returns, Refunds and Warranties
Our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- If your goods arrive faulty or damaged, we will at our discretion either provide a full refund or dispatch replacement goods as soon as possible after the faulty goods have been returned to us and confirmed by us as faulty. Goods claimed as faulty or damaged on arrival must be returned to us within seven (7) days of receipt together with original packaging and receipt as proof of purchase in order to claim the refund or replacement. You must pay the cost of shipping the goods to us, but we will pay the shipping cost of replacement goods to you.
- If you wish to return goods because they fail to comply with the manufacturer’s warranties or the warranties under the Australian Consumer Law, please contact us and we will be able to advise you in regard to availability of a refund, exchange, repair agents or replacement of like product as appropriate depending on the product in question.
- For goods which are not faulty or damaged, we can provide a refund within the 7 day money back guarantee period only. All returned goods must be unused, in original packaging and in saleable condition. Receipts must be valid and intact. All return shipping costs from the customer to us are to be covered by the customer. Refunds will not be permitted for Group Buys or special discounts other than what is on our site.
- If you are a Trade Account customer and presenting goods for return or exchange, a copy of the original invoice must be presented along with the goods to arrange an account credit. A re-stocking / administration fee of $25.00 + shipping / freight costs may be charged.
- In the event that a parcel needs to be returned to us for any reason, whether it be a suspected fault (Warranty Claim), change of mind or for a refund, the customer pays for the shipping back to us and Dash Cams Australia covers the cost of the shipping of the unit back to the customer.
Where a refund is given for any reason, payments by cheque or debit card will be refunded as cash and payments by credit card must be processed back onto the original credit card used by the customer.
All orders placed by 2pm, Monday – Friday will be shipped out same day for all in stock items. If the item if not in stock but is coming in within 5-7 business days, we will automatically upgrade the order to free express shipping to avoid further delays.
We use the following carrier/services to deliver our orders:
Australia Post eParcel – Tracking and Signature on delivery
Australia Post eParcel Express – Tracking and Signature on delivery
The tracking # is provided by the shipping carrier and we will update your order with the tracking information. Please note that you can choose to opt in to receive automatic shipping updates from Australia Post.
We offer free standard shipping with tracking # and signature for all orders over $80. If the order equates to less than $80 then a $10 flat rate shipping fee is applied. Express shipping is offered for $10.
If an item goes on backorder we will ship you the part of your order that is in stock. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.
Cancellation of Service / Job Bookings
In an event where you cancel a job or request to re-schedule, the following conditions will apply.
- Cancel / reschedule more than 24 hours before the job.
No cancellation fee will be charged. You may be liable for any expenses incurred in the ordering / shipping or other process involved in your order.
- Cancel / reschedule less than 24 hours before the job.
A cancellation fee may be charged at our discretion. This fee will be equal to the value of the services booked in for the job. You may also be liable for any expenses incurred in the ordering / shipping or other process involved in your order.
If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
These terms and conditions govern the entire trading relationship between us and you and will remain in force until cancelled or amended.
These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements including but not limited to the previous version dated March 2013.
We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
Avoxx Pty Ltd trading as Dash Cams Australia
PO Box 74
VIC 3043 Australia
Tel: (03) 9338 8772