Website Terms and Conditions

ATG Website Terms and Conditions

1.0 ATG Website Terms and Conditions of Sale

“ATG” refers to the following corporate entity registered in Australia: AUSTRALIA TECH GEARS PTY LTD (ABN 97 610 465 659).

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and ATG. By placing an order for Goods or Services from ATG website www.atgears.com.au (“Website”), you agree to these Terms and Conditions. If you do not accept these terms, you must refrain from using this website or making a purchase from the Website.

2 Terms and Conditions of Use of this Website

2.1 ATG reserves the right to amend, update, remove these terms of sales, website functionality or stop/suspend the website operation to you from time to time without notice. Amended terms and conditions will be posted on the Website and will become effective immediately after posting. By continuing to use the Website after the revised and/or amended terms and conditions have been posted, you agree to be bound by the revised and/or amended terms and conditions. In the event any part of the Terms and Conditions is found to be unenforceable then you agree that they will be severed from the Terms and Conditions and the remainder of the Terms and Conditions will remain in full force and effect.

2.2 ATG reserves the right to change the prices of Goods or Services at any time without notice.

2.3 This website and contents are provided to you on the information may contain typographical errors, technical inaccuracies, price inaccuracies or other errors and may not be accurate, complete or current. We will highly appreciate if you report to us with any error or omission in any information via our customer feedback email address [email protected]

2.4 The photographs and colour of the Goods as shown on this Website are for illustrative purposes only and may vary from actual Goods depicted or described or received.

2.5 This Website may feature or display third party advertising or content, these third party content does not necessarily represent views of ATG, nor does ATG necessarily recommends or endorses the relevant advertiser and/or the advertised goods or services.

2.6 This Website may contain links to other websites or contents which are operated by third parties, these links are provided for your convenience and may not remain current or be maintained. ATG is not responsible for the contents or privacy practices associated with linked websites or implied endorsement for the operation of these linked websites. Please review carefully when you visit these linked websites.

2.7 ATG is not liable for any loss suffered by you in connection with the unavailability of this Website, either due to the unavailability in part of the functions of this Website, or in its entirety.

2.8 Goods or Services listed on this Website may not be available at all ATG branches, please check from the ATG Website for stock allocation and availability.

2.9 Goods or Services listed on this Website may require ordering stock from ATG warehouse or from ATG supplier prior to shipping to you.

2.10 Goods or Services listed on this Website may be available for online sale only and not available at ATG branches.

2.11 Goods or Services specified as “Promotion stock” or “Clear out stock” at one of ATG branches may not be available at all of ATG branches and the in-store prices of these Goods or Services may vary from the prices shown on this Website.

2.12 “These Terms and Conditions” and “Terms of Use” are governed by and constructed in accordance with the Australian laws, ATG makes no representations that the content of this Website complies with the laws of other countries.

2.13 You understand and agree that ATG may refer any suspected illegal activity to appropriate law enforcement authorities.

2.14 ATG may not be liable for any loss caused by delays in performing any obligation if such delays are beyond reasonable control of ATG, such as failure of electricity supply, bank payment systems or postal deliveries.

2.15 The failure by ATG to exercise any right under these terms will not constitute a waiver of such right. Any Waiver of any provision under these terms will only be effective if it is in writing and signed by ATG.

2.16 ATG may use cookies to gather data in relation to your use of this website.

2.17 ATG may collect and manage your personal information in compliance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) as may be amended from time to time and we respect your privacy in relation to any personal information given to us.

2.18 ATG is committed to be complying with its obligations under the Spam Act 2003 (Cth), you have the right to unsubscribe from electronic messages sent by ATG at any time.

2.19 ATG may use, modify and reproduce any of your suggestions or feedbacks or ideas submitted to ATG without any obligation to compensate you.

2.20 You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses which may damage your computer. ATG will not be liable for any losses, liabilities, damages in connection with your use of this Website.

2.21 All Goods or Services sold by ATG come with Consumer Guarantees that cannot be excluded and any rights which you may have under the Australian Consumer Law will not be limited. ATG may provide manufacturer’s extended care pack which is in addition to the Consumer Guarantees available under the Australian Consumer Law (“ACL”). The manufacturer’s extended care pack may include: Accidental Damage Protection, Thunderstorm Protection, Liquid Spillage Protection. Your rights under the ACL generally provide the protection for your purchased Goods or Services which may exceed that of provided by the manufacturer’s voluntary warranty and therefore under certain circumstances you may not need to obtain any extended manufacturer’s warranty. ATG will provide details on manufacturer’s extended care pack whenever available.

2.22 Your credit card issuer may have promotions, marketing activities for you to use; for example: extended interest free, extended warranty free, Travel Hotel / Air / Dinning / Car / Gift points and discounts. Any of credit card issuer activities are generally considered as a legally binding contract between your credit card issuer and you. ATG is not responsible or endorse, whether explicit or implied, for the operation of these credit card issuer activities. Please review your credit card issuer’s policy carefully.

2.23 Goods shown on this Website or other marketing material issued by ATG as “Refurbished Stock” or “EX-DEMO” are Goods which were previously used with cosmetic blemish or imperfection or repaired or refurbished by the manufacturer. All Refurbished or EX-DEMO stock are in working conditions which comes with Consumer Guarantees under Australia Consumer Law that cannot be excluded.

2.24 Stock availabilities are the last known stock level ONLY and are subject to change. If ATG cannot supply the Goods or Services to you, ATG will notify you by telephone or your email address as soon as possible. Stock availability for Goods or Services supplied by ATG will be indicated on the Website as follows:

  1. In stock - (Stock is available).
  2. Low stock - (Stock is low. You should contact ATG to confirm on stock availability).
  3. Out of stock - (Stock is no available).
  4. Online Delivery ONLY - (Stock is available at warehouses but only for online orders made at this Website and delivery to your place ONLY. Your delivery address must be a valid address within Australia and cannot be a freight forwarding location).

2.25 If any part of these terms is found to be invalid, void, or any reason unenforceable then that provision will be deemed to be severed and the remaining terms and other provisions will remain the validity between you and ATG.

2.26 Parts purchased at ATG are recommended to be assembled or installed or assisted by knowledgeable technical person.

3 Pricing and Goods and Services Taxes (“GST”)

3.1 The Goods or Services offered on this Website are GST inclusive.

3.2 Goods or Services offered on this Website is based on Cash Price.

3.3 ATG reserves the right to change the prices without notices.

3.4 ATG reserves the right to correct any errors published on the Website.

3.5 The Goods or Services offered on this Website are offered in Australian Dollars and shipped domestically in each Australian State and Territory.

3.6 By placing an order, you agree to pay the price of the Goods, Delivery, Handling and Credit Card Surcharge charge where applicable.

3.7 Images of Goods or Services shown on this Website but without any advertised price accompanying that image are not offered for sale.

3.8 ATG will provide you with itemised GST inclusive receipt or itemised GST inclusive tax invoice as proof of purchase.

4 Your Online Account

4.1 If you are under 18 years of age, you must obtain consent from your parents or legal guardian prior to registering as a user of this Website or to purchase Goods or Services from this Website.

4.2 You need to create one account as a user of this Website before placing an order and you may not create an account for another person.

4.3 Please ensure that you enter all information carefully when creating an account and make sure all information provided by you is complete, true and accurate.

4.4 You must provide your name, address, mobile or telephone number, a valid email address and a secure password before ATG activates your account or supply Goods or Services to you.

4.5 Your delivery address must be a valid address within Australia and cannot be a freight forwarding location.

4.6 ATG only accepts one account registration for every valid email address.

4.7 You cannot use other ATG users’ accounts without their permission.

4.8 You may receive an email confirmation from ATG after you create your account.

4.9 If you forget your password, please contact ATG. ATG will send a new password by email to your registered email address.

4.10 Stock availabilities are the last known stock level ONLY and are subject to change. If ATG cannot supply the Goods or Services to you, ATG will notify you by telephone or your email address as soon as possible.

4.11 A binding contract between ATG and you only exists when ATG accepts your online order and delivers your online order.

4.12 The Goods or Services specified as “Online ONLY” on this Website may be available to purchase from the Website only.

5 Delivery

5.1 ATG delivers its Goods or Services in each Australian State and Territory, using Australia Post or our nominated courier.

5.2 All prices listed on the Website are exclusive of delivery charge, unless otherwise stated.

5.3 All prices listed on the Website are exclusive of handling fee.

5.4 All weights and dimensions of Goods or Services described on the Website are approximated and should be used as guidance only.

5.5 Goods or Services may not be available for immediate dispatch or delivery, ATG will use its best endeavour to deliver your order within a reasonable timeframe.

5.6 Delivery times may be longer for regional or remote areas in Australia.

5.7 The delivery address must be an address within Australia and cannot be a freight forwarding location.

5.8 You may be required to receive delivery of your order in person.

5.9 When you place separate orders the Goods or Services will be delivered separately and a separate delivery charge will apply to each order.

5.10 ATG may deliver your order from different states’ warehouses in separate shipments and separate invoices.

5.11 ATG will deliver to a P. O. Box in Australia where possible as requested by you and please provide personal ID when you collect the Goods.

5.12 ATG will not deliver to a Parcel Locker.

5.13 The applicable shipping costs are calculated at the checkout of your online order.

5.14 Shipping costs are affected by the size, weight and materials of your ordered Goods or Services and your location.

5.15 You are responsible to provide correct delivery address. If an incorrect delivery address was provided and ATG is subsequently notified of the error, ATG will do our best to redirect the parcel to the updated delivery address. However, if this occurs then you understand that additional delivery costs may be charged by Australia Post or our nominated courier and you agree to pay such additional delivery costs. If the additional delivery costs is known then ATG will endeavour to inform you of the costs first.

6 Offer and Acceptance of Your Online Order

A binding contract for the sale and supply of Goods or Services will only come into effect when your online order is successfully submitted and accepted by ATG as follows:

6.1 Placing an order for the Goods or Services using this Website.

6.2 Your order is recorded and stored in ATG database.

6.3 You order is successfully acknowledged by the Website by progressing to the checkout stage.

6.4 ATG receives full payment from you for the Goods or Services, plus any applicable charges as stated on your order.

6.5 If your order is not accepted by ATG, ATG will notify you by telephone or email and refund your payment in full.

6.6 If your order is accepted by ATG, ATG will send a confirmation email to you as soon as practicable after receiving your order and payment.

6.7 ATG will be deemed to have accepted your order when your order is despatched from ATG to your nominated address.

6.8 An automated confirmation of a successful order submitted by you is an offer by you to purchase the Goods or Services for the price plus the Delivery / Handling / Service charge as shown at the time of submission of your order. ATG may, in its sole and discretion, accept or reject your offer and refund your payment in full if your offer to purchase is not accepted.

7 Online order and picking up from one of ATG branches

A binding contract for the sale and supply of Goods or Services will only come into effect when your online order is successfully submitted and accepted and confirmed by ATG and the said online order is picked up by you.

7.1 Payment for your online order is not required until you pick up Goods or Services from one of ATG branches.

7.2 The relevant ATG branch will process and prepare your ordered Goods or Services for you and contact you either by telephone or email when the Goods or Services is ready for your collection.

7.3 Please ensure you receive confirmation either by telephone or email from ATG before visiting the relevant ATG branch and collect your ordered Goods or Services.

7.4 Please provide details of confirmation from ATG when collecting your ordered Goods or Services at the relevant ATG branch.

7.5 Online orders to be collected at a ATG branch must be collected within 3 working days from the relevant ATG branch after ATG sends you a confirmation and giving you notice, either by telephone or email, that your order is ready for collection. If your order is not collected within this timeframe, the relevant ATG branch has the right to re-allocate those Goods or Services to another customer and reorder those Goods or Services for you again.

7.6 ATG cannot accept couriers in paying and collecting your ordered Goods or Services.

7.7 The Goods or Services specified as “Online ONLY” on this Website may be available for online orders and subsequent delivery to your address only.

8 Payment

8.1 All payment must be made in full prior to delivery or dispatch or release of your order.

8.2 The Website accepts VISA/MasterCard Credit Card, Bank Transfer, PayPal as methods of payment for your online order and subsequent delivery.

8.3 For online orders and subsequent collection of the orders at a ATG branch,

ATG accepts the following methods of payment:

  1. Cash on collection.
  2. Money Order / Cheque – a period of 3 working days is required by the bank to clear your payment before your ordered Goods or Services may be collected.
  3. VISA/MasterCard Credit Card, VISA/MasterCard Gift Card, VISA/MasterCard Debit Card. Credit card surcharges will apply for each order.

8.4 ATG may request your personal ID for credit card, Money Order and corporate cheque transactions.

9 Damaged or Faulty Goods or Services

If the Goods or Services ordered by you arrived damaged or is not in merchantable quality, ATG will repair, exchange or refund Damaged/Faulty Goods or Services in accordance with the ATG Repair, Exchange and Refund Policy and your rights under the Australian Consumer Law.

9.1 DOA Claims Policy
Dead on arrival (DOA) claims are eligible for a refund or replacement, given the following criteria are met:

  1. ATG is notified of the issue within 14 days of the order date;
  2. The item has been packed back into its original packaging, will all included accessories and documentation.
  3. Assessment may apply before a refund or replacement can be issued.

9.2 Standard Warranty Claims Policy
Items found to be faulty outside of the 14 Days DOA period will be subject to standard warranty terms. Please contact the product's manufacturer for troubleshooting and more details about warranty terms. The Warranty claim may result in a repair, refurbished or new replacement, or refund depending on manufacturer approval.

10 ATG Repair, Exchange and Refund Policy.

10.1 ATG wants you to be satisfied with your purchase either online or in-store. ATG recommend you read ATG Refund, Exchange and Refund policy prior to you making a purchase from ATG.

10.2 The clauses of the ATG Website Terms and Conditions are not intended to exclude or limit any rights under the Australian Consumer Law (“ACL”).

10.3 The ACL provides certain guarantees to consumers when they purchase Goods or Services and these guarantees cannot be excluded, restricted or modified.

10.4 ATG recommends you inspecting the Goods upon receipt to ensure you are satisfied with the Goods’ quality and description.

10.5 Please keep and retain your proof of purchase – for example: your receipt, invoice or banking transaction.

10.6 The product must be accompanied with a proof purchase with any warranty claim. ATG has right to refuse a warranty claim without a valid copy of invoice. Physical damage on any product could void manufacturer's warranty. Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, corrosion, installation and/or usage and/or storage not in accordance with product instructions and an act of God, fire, flood, war, act of violence or any similar occurrence. Failure of the product due to misuse or incorrect installation could void manufacturer's warranty.

10.7 For Goods that are damaged in transit or during delivery, ATG will arrange to have the damaged Goods returned to ATG and either arrange for exchange of the Goods or refund the purchase price to you.

10.8 ATG does not have any general obligation to provide refund, exchange or repair under the following circumstances:

  1. If you change your mind.
  2. If you decided you do not like the purchase.
  3. If you decided that you had no use for the purchase.

However, ATG would like to provide additional security for its customers, over and above the consumer’s rights under the Consumer Guarantee for change-of-mind customers and ATG will provide you with a partial refund, 20% restocking fee applies for change of mind returns - minimum $10, if:

  1. you return the purchased goods to ATG within 14 days of the purchase date. For online purchases, the purchase date is the date you receive your ordered Goods;
  2. you have and bring the proof of purchase in the form of tax invoice and/or receipt;
  3. the returned Goods and its packaging are in its original condition including all manuals and accessories;
  4. the returned Goods is in re-saleable condition; and
  5. you agree to be responsible for the shipping cost of returning the Goods to ATG.

10.9 Please package all returned Goods safely before returning the Goods to ATG for repair, exchange or refund.

10.10 If you experience problems with your purchased Goods, You are entitled for free repair, exchange or refund. If you choose for repairing, ATG will attend to the repair of your Goods within a reasonable time. You may be provided with an indicative repair time, normally, it takes 2-4 weeks for repair, but it may take longer if Goods need to be repaired at an overseas workshop or require parts delivered from overseas. If it is not repaired within a reasonable time, ATG will exchange or refund the Goods.

10.11 You may be required to pay labour, assessment and/or freight charges where your rights under ACL do not apply, such as when Goods are assessed to have been damaged by accident, misuse, liquid spillage, flood, fire, earthquake, thunderstorm or to have been damaged by abuse, unauthorised modification to alter manufacturer’s original functionality or capability and becoming unsafe to use. ATG reserves the right to have the returned Goods accessed within a reasonable timeframe by the manufacturer’s specialist in the determination of the cause of the problem.

10.12 If any Goods that you returned contain your generated data such as files or information stored on a Hard Disk, SSD, Flash Memory, mobile phone, ATG strongly recommends you to back up your data to prevent data loss and remove any data before repairing/exchange/refund your Goods.

10.13 If any Goods which you returned requires more than 3 separate and independent repairs, ATG will exchange or refund the Goods to you.

10.14 Where a failure does not amount to a major failure, ATG will provide you with a repair, exchange, refund or other suitable remedy.

10.15 If the problem is major failure or cannot be fixed, you are entitled to exchange or refund for your purchased Goods. Goods with any of the following characteristics will be deemed to have major failures:

  1. Goods with this problem would have stopped someone from buying it had they known about it.
  2. is unsafe.
  3. is significantly different from the sample or description.
  4. fails to do what ATG said it would, or what you asked for and can’t be easily fixed.

10.16 Refund for online purchases.

All successful refunds may take up to 5 business / working days to be processed after ATG receives the return Goods. Please ensure you return

the Goods to the State where you made the purchase in and that the Goods are returned accompanied by proof of purchase.

10.17 Refund for in-store purchases.

All successful refunds will be issued immediately but may take up to 3 business / working days for financial institutions to process the refunds. Please ensure you return the Goods to the ATG branch where you made the purchase in and that the Goods are returned accompanied by proof of purchase.

10.18 ATG may request you to provide us with personal information during refund to assist us in complying with the refund processes.

10.19 ATG has a general obligation to provide customers with remedies whenever a problem arises, however under ACL, customers also have the right to approach manufacturers for remedies directly. Many manufacturers have dedicated support centres to provide home pick-up/delivery support and troubleshooting support for customers.

10.20 If at any time, you feel that your rights, as observed in accordance with ATG Repair, Exchange and Refund Policy on this Website, are not being satisfied by our staff, then you may escalate your dispute in writing by following the process stated in Clause 12 of ATG Website Terms and Conditions.

11 Feedback / Complaints

11.1 ATG would like to hear from you for any suggestion. Your feedback will be an opportunity to improve our business and service. You can lodge your feedback and/or complaint with ATG by emailing us at [email protected]

To help ATG processing your feedback or complaint please provide us with the following information:

Your name and contact details.

If applicable, the name of the person you have been dealing with about your ordering service.

The nature and description of the feedback / complaint. If applicable, date of purchase.

If applicable, reference number, invoice number, product name and serial number.

If applicable, details of any steps you have already taken to resolve the complaint.

If applicable, details of conversations you may have had with ATG that may be relevant to your complaint.

If applicable, copies of any documentation which supports your complaint.

11.2 If your feedback / complaint is related specifically to an online order and delivery to your place, please email ATG at [email protected]

11.3 You may consider contacting the relevant manufacturer’s support centre:

Lenovo

1800 041 021

AOC

1300 262 669

Toshiba

13 30 70

Samsung

1300 362 603

Phillips

1300 360 386

LG

1300 54 2273

BenQ

1300 130 336

Viewsonic

1800 880 818

Network products

Asus

1300 278 788

TP-Link

1300 875 465

D-Link

1300 700 100

Netgear

1300 361 254

Linksys

1800 605 971

Billion

02 8999 0728

Belkin

1800 235 546

EDIMAX

03 9543-1888

Netcomm

NSW / ACT: (02)9424-2059

Netcomm

VIC / TAS: (03) 9012-3399

Netcomm

SA / NT: (08) 8121-9001

Netcomm

QLD: (07) 3102-8870

Netcomm

WA: (08) 9467-8980

Printers

Epson

1300 361 054

Samsung

1300 362 603

Canon

13 13 83

HP

13 10 47

Lanier

1300 362 345

MISC

Thermaltake

(03) 9544-6587

ASUS

1300 278 788

  • For more information about the Australian Consumer Law and Consumer Guarantees, visit: consumerlaw.gov.au or www.accc.gov.au
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