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About These Terms And Conditions
In these Terms and Conditions "we" and
"us" mean Hisen Electronics Pty Limited ABN 53 114 469 699 of PO Box
345, Moorebank, NSW 1875 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire
Contract between us 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.
Australian Sales Only
We only sell and ship Products within Australia. We will not
make deliveries outside of Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not
place orders with GTmall.
By accepting these Terms and Conditions you acknowledge that you are over the
age of eighteen (18) years.
Should GTmall suffer any damage or other losses as a result of a transaction
entered into by a minor, GTmall 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 GTmall..
Placing Your Order
You may place an Order by filling in the Order Form on the
GTmall Web Site and clicking the "Submit My Order" 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 GTmall 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 GTmall 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. Hisen Electronics 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
GTmall currently accepts PayPal, only.
Payment processing will not begin until we receive all the information we
need.
Orders placed on a weekend or a Public holiday will not begin payment
processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the "Submit
My Order" button.
GST
GTmall purchases include GST unless otherwise stated on a
Product listing.
Prices
GTmall always seeks to list Products with the most
competitive prices.
GTmall reserves the right to change prices for Products displayed at GTmall
at any time.
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 time takes up to 10 working days from the date your
payment is received.
Where you have purchased a Product that is dispatched from our overseas
warehouse, delivery time after payment processing may take up to 3 weeks.
In all instances estimated delivery times will be displayed at the check out
for your Product.
We encourage you to visit the "Your Account" section on our website
to view the delivery status of your Products.
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 eParcel) will leave a card so you can
pick-up your Product from your local Post Office. Where delivery is by our
courier service and no-one is available to take delivery, they will leave a card
requesting you to telephone them to arrange a suitable time and date for
delivery.
We will use our reasonable efforts to deliver your Products to you within the
estimated delivery time indicated on your Order Confirmation; 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
No refunds, credit or replacements are offered if you have
changed your mind about the product, make an incorrect choice, or failed to
verify and accurately provide information when placing an Order.
Dead On Arrival Products - "DOA"
A GTmall Product is considered DOA if it shows symptoms of a failure, or is
discovered to be broken when first taken from its packaging.
A GTmall 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.
Refunds will only be offered where a replacement Product can not be provided.
Where GTmall has provisionally determined that a Product is DOA, return
shipping will be arranged at the expense of GTmall.
If the Product is deemed by Customer Services NOT to be DOA, GTmall may in
its absolute discretion refuse to replace the Product or 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.
GTmall reserves the right to test any returned DOA Product. If the condition
of the Product was misrepresented to us by the customer, GTmall will impose a
$35 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 30 days of
delivery, GTmall will exchange the Product where possible, or refund you the
purchase price of the Product. Should you contact us outside the 30 day period
customer service management will consider each claim on a case by case basis on
its merits.
Where we agree to replace the Product or 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 30 days from
dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for
the original Product.
Replacement Products are provided with the same Warranty as the returned
Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement Products
and refunds.
Where Customer Service has provisionally determined that a Product is DOA,
Customer Service will issue you with a RAN. Products can not be returned without
a RAN. The Product should be returned to GTmall within 30 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.
Where you received a DOA Product by Australia Post eParcel, Customer Service
will email you a PDF docket containing a RAN which you must affix to the
Product. You must then leave the Product at any Australia Post Office.
Where you have received a DOA Product by our courier service, we will make
arrangements with our courier service for collection of the Product, and will
notify you when they will collect the Product from you.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you
at our expense after we have received your returned DOA Product.
- The delivery time for the replacement Product will be the same as stated
for the original DOA Product.
- Replacement Products are provided with the same Limited Warranty as the
DOA Product.
When a Refund is arranged:
- Refunds include all shipping and associated costs for the DOA Product.
- No refund will be given to you until GTmall has received the DOA Product
from you.
- Refunds will be issued by cheque or Paypal if original payment via
paypal
Some Products - Manufacturer Only Warranty
Some Products sold through GTmall 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, GTmall will replace the item or issue a refund of your purchase price
for that item.
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
By placing your Order, you agree that we may store, process
and use data collected from your Order Form for the purposes of processing your
Order. If you so indicate on the appropriate section of your Order Form, by
placing your Order you also agree that we may use such data, other than credit
card details, in order to provide you with information from time to time on
other GTmall Products that may be of interest to you. If you do not agree to our
using such data in order to provide you with information on other GTmall
Products, you should indicate your non-agreement on the appropriate section of
your Order Form. You may obtain a copy of the data held by us concerning you on
request in writing. We reserve the right to charge an administration fee for
processing such request. If any data held by us concerning you is incorrect, we
will correct it on your written request. Please refer to our Privacy
Statement.
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 GTmall. 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 GTmall 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 GTmall, 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.
GTmall reserves the right to change the Terms and Conditions of sale at any
time.
No GTmall employee or agent has the authority to vary any of the Terms and
Conditions governing any sale.
Force Majeure
GTmall 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 GTmall, and GTmall 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 New South Wales and shall be subject to the
non-exclusive jurisdiction of the courts of New South Wales.
Baby Care
