Terms & Conditions:
Please read the terms and conditions of sale carefully before placing your order and retain a copy of these terms and your order for future reference. By placing an order with Digilife Online Pty Ltd you agree to these terms.
1. Format of the contract
i. These terms of sale apply to all goods supplied by Digilife Online Pty Ltd (the ‘Seller’).
ii. No contract exists between you and the seller for the sale of any goods until the
seller has received and accepted your order and the seller has received payment in full (in cleared funds). Once the seller does so, there is a binding legal contract between us.
iii. By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
iv. The contract is subject to your right of cancellation (see below).
v. The seller may change these terms of sale without notice to you in relation to future sales.
vi. To order goods through the digilifeonline.com.au website, you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions.
vii. Digilife online Pty Ltd gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
viii. Except as may be implied by law where the buyer is dealing as a consumer, in event of any breach of these Conditions by the Company the remedies of the buyer shall be limited to damages which shall in no circumstances exceed the price of the goods and the Company shall under no circumstances be liable for any indirect, incidental or consequential damages.
ix. These terms and conditions are subject only to Australia law.
2. Description and price of the goods
i. The description and price of the goods you order will be as shown on the seller's website at the time you place your order.
ii. The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the seller will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
iii. Every effort is made to ensure that prices shown on the seller's website are accurate at the time you place your order. If an error is found, the seller will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the seller does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the seller will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
iv. In addition to the price, you may be required to pay a delivery charge for the goods.
v. Special deals are limited to one per order - except for those decribed as 'multibuy'. As many different multibuy products, and quantities of multibuy products can be added to the order. However, for those super special items not labelled as multibuy, the limit of one per order remains.
vi. Changes to the quantities and stock availabilty of multibuy products are at the managements discretion.
i. Payment for the goods and delivery charges can be made by any method shown on the seller's website at the time you place your order. Payment shall be due before the delivery date, except where agreed otherwise by the seller and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the seller to terminate the contract immediately.
ii. There will be no delivery until cleared funds are received in full , except in the case of supplies of goods provided on credit terms.
iii. Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the seller to you.
iv. Where the seller agrees to provide goods on credit terms, the standard payment terms shall be 30 days from the date of invoice. In the event that payment is not made by the due date the seller reserves the right to charge interest from the date of invoice at 12% per annum, compounded monthly.
v. The Company reserves the right to levy charges for any of the following services: Inspection of any piece of computer equipment and installation / replacement of either software or hardware - Use of credit / debit cards or money order facilities, Diagnosis and testing of any problems encountered with any piece of hardware or software, Recovery of any hardware or software problems and backup of any data when requested by the customer.
vi. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
i. The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the Australia.
ii. Orders placed before 11.00am on a working day will be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
iii. If delivery cannot be made to your address for reasons under the seller's control the seller will inform you as soon as possible.
iv. If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the seller ) then without prejudice to any other right or remedy available to the seller , the seller may:
store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
v. The Company will not accept liability for goods lost in transit unless we are notified within 7 days from the expected delivery date. This will be the date advised on the Customers automated despatch note which is emailed to the Customer once the items have left our warehouse.
vi. Should you require the goods to be redirected to another address after the goods have been dispatched you may be required to pay an additional postage charge.
vii. Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the seller will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the seller will inform you as soon as possible.
viii. Upon receipt of your order you may be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
ix. Whilst every effort shall be made to keep any delivery date, time of delivery shall not be of the essence. The Company shall not be liable for any consequential loss incurred by the buyer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
x. Unless otherwise agreed the Company may deliver by instalments and in such case each instalment shall be treated as a separate contract and any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the buyer to cancel the remainder of the Contract.
xi. Delivery charges are calculated by weight and number of packages being sent. There will also be additional delivery charges for international destinations.
xii. Any refused deliveries will be returned to the supplier. Upon receipt of the goods with the supplier a refund will be issued minus 15% of the value of the order to cover administration costs.
i. The goods are at your risk from the time of delivery.
ii. Ownership of the goods shall not pass to you until the seller has received in full (in cash or cleared funds) all sums due to it in respect of:
1. the goods, and
2. all other sums which are or which become due to the seller from you on any account.
6. Title for Business Customers
iii. If you are a business customer until ownership of the goods has passed to you, you must:
1. store the goods (at no cost to the seller) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the seller's property;
2. not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the seller 's behalf for their full price against all risks to the reasonable satisfaction of the seller. On request you shall produce the policy of insurance to the seller; and
3. hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the seller and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
ii. If you are a business customer your right to possession of the goods shall terminate immediately if:
1. you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
2. you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts or you cease to trade; or
3. you encumber or in any way charge any of the goods.
iii. For the purposes of these Terms and Conditions, a Business Customer shall mean an entity in the form of sole trader, partnership or company, any body corporate, or any other customer for whom a trade account has been granted.
iv. Business customers are exempt from returning items within 7 days.
v. Trade customers are liable for all carriage costs.
vi. In the event that payment is not received within 28 days of the due date,
a. All monies owing to the seller shall become immediately payable to the seller irrespective of whether it would have been due under the previously agreed payment terms.
b. The seller shall be entitled to charge the Customer the sum of $100+GST in respect of a debt collection administration fee.
7. Your right of cancellation
i. Provided you are not a Business Customer, you have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
ii. To exercise your right of cancellation, you must give written notice to the seller by post or via email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not acceptable.
iii. Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the seller at your own cost. The goods must be returned to the address indicated by the seller. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
iv. Once you have notified the seller that you are cancelling the contract, the seller will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
v. Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the seller may charge you a sum not exceeding the direct costs of recovering the goods.
vii. You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
viii. Once you confirm your order as correct a standard cancellation fee of $25 will be at the expense of the customer.
ix. An order cancelled in transit will incur the standard cancellation fee of $25 plus additional transit costs at the expense of the customer.
x. In the event of an order returned due to non-delivery, the transit costs will be at the expense of the customer.
vii. All goods supplied by the seller are warranted free from defects for a minimum of seven days up to twelve months depends on the nature of the goods sold, from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer.
viii. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the seller, failure to follow the seller 's instructions, or any alteration or repair carried out without the seller's approval.
ix. If the goods supplied to you are damaged or any item missing/incomplete on delivery, you must notify the seller within 48 hours.
x. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the seller as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
xi. If a product that was faulty at the time of sale is returned to the seller, we reserve the right to forward a replacement product or credit note (to the value of the replacement) will be offered.
xii. It is the responsibility of the buyer to return and collect goods to / from the seller’s correspondent address.
xiii. Items purchased from the Clearance Sale or sold at a special price as end of line or for other reasons that prevent them from being sold as new are sold are not covered under store warranty. These items may be second user, refurbished or discontinued stock. They may be missing drivers, manuals, cables and accessories. Packaging, if supplied, may not be in new condition. All items are tested working.
xiv. Any items which are returned under the warranty and are found to be in a working condition will be charged a testing fee of $20 or 10% of the value of the goods, whichever is the greater.
9. Limitation of Liability
. Subject to 9.2 below, if you are a consumer the seller shall not be liable to you for any loss or damage in circumstances where:
1. there is no breach of a legal duty owed to you by the seller or by its employees or agents;
2. such loss or damage is not a reasonably foreseeable result of any such breach;
3. any increase in loss or damage resulting from breach by you of any term of this contract.
ii. Nothing in these conditions excludes or limits the liability of the seller for death or personal injury caused by the seller's negligence or fraudulent misrepresentation.
iii. If you are a business customer the seller shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
10. Returns Policy
ii. It is the responsibility of the buyer to return and collect goods to / from the seller’s correspondent address.
iii. The goods cannot be returned unless an RMA number has been requested and obtained from the seller and the package clearly marked on the outside with this identification number.
iv. It is the customer's responsibility to take reasonable care of the goods whilst in their possession. If this condition is not met the Company reserves the right to make a reasonable charge for restocking and resale at a price that is less than that charged for the goods if sold as new. This charge will vary according to the condition of the returned goods. This provision is designed to ensure that returned goods can be sold again as new.
v. Non-faulty items returned to our premises complete in the original packaging together with manuals and software disks within 7 working days of purchase may obtain a credit note. Goods must be sealable as new in order to qualify for a credit note. All software must be unused and sealed within the original packaging. Outside of 7 working days, non faulty items will not be exchanged or a credit note offered under any circumstances. Full refunds will not be considered if the goods are damaged in any way and seals broken invalidating any warranty.
vi. Digilife Online Pty Ltd gives no assurance as to the mutual compatibility of components sold on any single invoice. It is the responsibility of the buyer to ensure that the goods purchased are suitable for the purpose intended. Advice sought by the customer from the Company in this respect may be given but cannot be relied upon by the customer or guaranteed by the Company unless the Company has access to the working system and the ability to carry out a full inspection of any software or operating system.
vii. Credit notes must be used within six months of the date they are issued. Any credit notes over six months old are invalid.
viii. We will not accept returned software and/or licences under any circumstances.
11. Data Protection
The seller will take all reasonable precautions to keep the details of your order and payment secure but unless the seller is negligent, the seller will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.