Any
(applicable) Coupon and/or Credit that may be in your in "Your
Account" credit facility must first be applied towards payment
of the Product (or Products);
In
the event that (any applicable) Coupon and/or Credit are
insufficient for full payment of the Product (or Products),
you must apply your Refund Credits towards the outstanding
balance due on the Product (or Products); and
Where
any outstanding balance due on a Product (or Products) is less
than the total Refund Credits in "Your Account", you retain
the future use of any unused Refund Credits to apply towards
any future Product payments; or
In
the event that you have insufficient Refund Credits to apply
towards the outstanding balance due on the Product (or
Products), you must pay any remaining outstanding balance due
on the Product by PayPal, BPAY, Visa, MasterCard or American
Express.
You can only request
to redeem the full amount of your Refund Credits held in "Your
Account". To redeem your Refund Credits contact Customer
Service
here. We will only redeem
Refund Credits by a cheque sent to your mailing
address.
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
Product is considered DOA if it shows symptoms
of a failure, or is discovered to be broken when first taken
from its packaging.
A
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
has provisionally determined that a Product is
DOA, return shipping will be arranged at the expense of
Domain.com.
If the
Product is deemed by Customer Services NOT to be DOA,
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.
reserves the right to test any returned DOA Product. If the
condition of the Product was misrepresented to us by the
customer, 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, 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
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 has received
the DOA Product from you.
Refunds
will be issued by cheque or a credit to "Your Account" with
Domain.com. Where a credit is organised for "Your Account"
you have the option of cashing-out "Your Account" at any time.
Some
Products - Manufacturer Only Warranty
Some
Products sold through 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, will replace
the item or issue a refund of your purchase price for that
item.
Computer
Hardware - Exclusions and
Limitations
is not liable for any damage to or loss of any programs, data,
or other information stored on any media contained within
electronic or computing Products. Recovery and reinstallation
of system and application software and user data are not
covered under any warranty.
In
relation to any computing media Product, or any computing
hardware Product or computing part contained within a Product,
will not be responsible for direct, special,
incidental or consequential damages resulting from any breach
of warranty or condition, or under any other legal theory,
including but not limited to lost profits, downtime, goodwill,
damage to or replacement of equipment and property, any costs
of recovering, reprogramming, or reproducing any program or
data stored in or used with Products supplied
to you, and any failure to maintain the confidentiality of
data stored on the Product. specifically does
not represent that it will be able to repair any Product under
warranty or make a Product exchange without risk to or loss of
programs or data.
Where a
computing Product needs to be returned to for
replacement or a refund, will in no manner
whatsoever be responsible for any data you may leave on the
computing Product.
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
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 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.
Credit
Card Fraud
Whilst
employs the latest in Secure Sockets Layer
(
SSL) technology
software for its transactions with our customers,
will not be responsible for any damages,
consequential losses (whether direct or indirect) suffered by
a customer whose credit card is fraudulently used or is used
in an unauthorised manner.
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 Domain.com. 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
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 Domain.com, 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.
reserves the right to change the Terms and Conditions of sale
at any time.
No
employee or agent has the authority to vary any
of the Terms and Conditions governing any
sale.
Force
Majeure
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
Domain.com, and 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.
