Terms & Conditions
TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS ON THE 1300TONERINK WEBSITE
These Terms and Conditions form a contract between the customer (you) and 1300TONERINK Pty Ltd ABN 63 169 044 688 and apply to the ordering, purchase, fulfillment and delivery of products from 1300tonerink.com.au, including 1300tonerink.com.au/nz
Before placing your Order with 1300TONERINK Online Please read these Terms and Conditions carefully as these Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
These Terms and Conditions are subject to Australian law, including the Australian Consumer Law.
The following definitions are used in these Terms and Conditions the following words have the following meanings, unless the contrary intention appears of the context otherwise requires:
Customer means the purchaser of any Product, being the person or legal entity identified in 1300TONERINK Quotation or Invoice.
a) in relation to orders for delivery in Australia, has the meaning provided by A New Tax System (Products and Services Tax) Act 1999 (Cth);
b) means, in relation to orders for delivery in New Zealand, goods and services tax imposed by the products and Services Tax Act 1985 (New Zealand).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by you to purchase products from 1300TONERINK Online in accordance with these Terms and Conditions.
Personal Information has the meaning as defined under the Privacy Act 1988 (Cth), except where you are based in New Zealand in which case it has the meaning as defined in the Privacy Act 1993.
Price means the purchase price of each products as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia and New Zealand, the specified price includes GST).
Price Estimate means the estimate of the Price, exclusive of any Taxes, provided on the Website where a currency other than Australian Dollars is selected.
Returns Policy means the 1300TONERINK Returns Policy found on the Website Returns and Refunds.
Tax means any products and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.
Guarantees means the guarantees in relation to products provided for pursuant to the Australian Consumer Law.
1300TONERINK means 1300TONERINK Pty Ltd ACN 169 044 688.
1300TONERINK - branded Products means any Products that are marked with the 1300TONERINK brand/name and/or Products exclusively marketed for sale in Australia by1300TONERINK are usually, but not exclusively, described as Generic, Compatible or Re-Manufactured.
Non -1300TONERINK -branded Products means all Products that are not 1300TONERINK -branded Products, such as Products branded or named referenced as OEM or Original Equipment Manufactured.
Products mean all goods and services supplied by 1300TONERINK to the Customer.
Terms and Conditions means these terms and conditions, as amended from time to time.
We or Us or Our means 1300TONERINK Pty Ltd, ABN 63 169 044 688.
You or Your means you as the purchaser of products from 1300TONERINK pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when you submit an Order.
2.2 Each Order you submit will be a separate and binding agreement between you and 1300TONERINK with respect to the supply of products, in accordance with these Terms and Conditions
3. PLACING ORDERS FOR PRODUCTS
3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.
3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase products for the Price (plus any Delivery Fee and, for the avoidance of doubt, for shipping to Australia and New Zealand, GST) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
3.3. You acknowledge that all Orders through the Website are with respect to products intended for personal domestic, and business use only and non – commercial use (not for resale), and quantity restrictions may apply as set out on the Website from time to time.
3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and shipping of your Order. This information will also be used by the shipping Agent to fulfill your Order. 1300TONERINKwill not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or ship products to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, 1300TONERINK is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to 1300TONERINK. You agree to obtain consent from the recipient of a gift when providing their personal details to 1300TONERINK.
3.5. You may Order from 1300TONERINK if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
3.6. You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the products in your Order may only be made by agreement unless otherwise required by law. However, we will allow you to return products in accordance with the Returns Policy.
3.7. Where you place consecutive or separate Orders for products, we cannot consolidate the Orders into one. A separate shipping Fee will apply to each Order in accordance with clause 7. Subject to clause 3.3, you can order as many products as you would like in an Order up to the total Order value of AU$2,000 (excl Tax, if applicable).
3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Team.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 1300TONERINK reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international shipping, some of our products may not be available for delivery to certain locations outside Australia and within Australia. 1300TONERINK retains the right to determine what it can and cannot ship to any particular location.
4.2 When we accept an Order, it represents an agreement by 1300TONERINK to supply you the products in accordance with the Order and these Terms and Conditions.
4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection via email within five (2) Business Days after the placement of the Order. 1300TONERINK will not be liable to you for your loss or that of any third party for the rejection of an Order.
4.4 Where we reject an Order and your payment for the products has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. 1300TONERINK is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.
4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF PRODUCTS
5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfill all or part of your Order. If this occurs, 1300TONERINK will contact you within five (2) Business Days to arrange a full or partial refund. We will use reasonable endeavors to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. 1300TONERINK is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
5.2. We reserve the right to withdraw or suspend any product displayed on the Website from sale either temporarily or permanently at any time without notice to you. 1300TONERINK will not be liable to you for any loss you or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular product.
5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of products, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4. If applicable, 1300TONERINK will proceed to fulfill the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfillment of your Order, you can return your entire Order to us as an order that has been incorrectly shipped in accordance with the Returns Policy.
5.4 You acknowledge and agree that:
a) all pictures and images of products displayed on the Website are for illustration purposes only, and the sizes and dimensions of products may differ in real life;
b) you have read any corresponding written description of the products prior to submitting your Order;
c) the colour of products as shown on the Website may vary slightly in shade in real life;
e) any accessory featured with the Goods is for illustration purposes only. (For example printers)
6. PRICE AND PAYMENT
6.1 The Price in respect of a product is specified on the Website.
6.2 Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where you access the website from an ip address located within Australia, Prices displayed will include GST. Where you access the website at 1300tonerink.com.au/nz from an ip address located outside Australia, all Prices will be stated in Australian Dollars and are exclusive of all Tax which may be payable in relation to your order. You are liable to pay all such Tax, including (for New Zealand customers) GST.
6.3 You will be charged in Australian Dollars regardless of you having chosen to display the Price in an alternate currency. The actual currency conversion rate used to determine the Price you pay for the products is determined by your credit card provider or PayPal. We are not liable for any difference between the Price quoted on the site and the actual Price charged to you for the products as determined by the conversion rate used by your credit card provider or PayPal.
6.4 1300TONERINK reserves the right to change or alter Prices of products on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply).
6.5 In respect of any Order, we will charge you and you agree to pay:
a) The Price (which is the Price at the time the Order is submitted in Australian Dollars); and
b) the shipping Fee (if any).
6.6 You can pay for your products by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card or Pay Pal. When paying by credit card, you authorise 1300TONERINK to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by 1300TONERINK before products which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
6.8 In paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
6.9 You will receive an invoice by email once payment in respect of your Order has been processed.
6.10 1300TONERINK uses an securpay payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
7.1 1300TONERINK uses Shipping Agents to deliver your products. You agree to your details including your Delivery Address being supplied to the shipping Agent for the purpose of delivering your products.
7.2 You should refer to the shipping section of the website for the applicable shipping Fee for the products.
7.3 Indicative delivery time frames are set out in the Shipping section of the Website.
7.4 You acknowledge and agree that notwithstanding anything else stated on the Website:
a) 1300TONERINK cannot guarantee that shipping will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, 1300TONERINK is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
7.5 Shipping of products will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for products where you require multiple delivery destinations.
7.6 If we are unable to deliver your products to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the products have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card. Within Australia, undeliverable products will generally be left at a local Australia Post outlet. Within New Zealand, undeliverable products will generally be left at a local New Zealand Post outlet.
7.7 Where you do not collect your products from the outlet specified on the calling card within 10 working days of a failed delivery, you must contact our Customer Service Team using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order. If products are required to be redelivered, you may be required to pay any associated fees for redelivery.
7.8 Upon delivery, you must inspect your products and check that the products delivered match your Order. If there is obvious damage to the products due to transit, you must contact our Customer Service team as soon as practicable using the details provided at the start of these Terms and Conditions. If the products are not as ordered, you may return the products to us in accordance with the Returns Policy. If products are missing from your Order, you may call our Customer Service Team, or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect products as soon as possible. Any products replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
8. RISK AND TITLE
9. ORDER CANCELLATIONS AND RETURNS
9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the products will be shipped to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered products in accordance with the Returns Policy.
9.2. Products can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.
9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the products to you in accordance with these Terms and Conditions. We will use reasonable endeavors to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. 1300TONERINK is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
9.4. It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. 1300TONERINK is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
10. PROMOTIONS AND DISCOUNTS
1300TONERINK Website offers and promotions may only be used at 1300TONERINK website and do not apply to purchases at other online or retail outlets. You may receive online offers and promotions which include a unique promotional code (Code) for use when shopping at 1300TONERINK. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. Any % off stated applies to RRP of full priced items.
13. WEBSITE TERMS
The 1300TONERINK Website Terms form a part of these Terms and Conditions.
14. WARRANTIES YOU MAKE TO 1300TONERINK ONLINE
You represent and warrant to 1300TONERINK that:
a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to 1300TONERINK;
any nominated representative receiving the products on your behalf at the Delivery Address is duly authorised by you to do so;
you are over the age of 18;
in placing your Order, you have read and agree to these Terms and Conditions; and
in placing your Order, you have complied with all applicable Laws.
b) 1300TONERINK compatible cartridges are manufactured in accordance with certified ISO 9001: 200 quality system to assure optimum performance.
c) 1300TONERINK cartridges offer performance equal to an equivalent cartridge from an Original Equipment Manufacturer (OEM). Any cartridge failing to meet performance expectations, either in terms of print quality or page yield, shall be replace FREE OF CHARGE.
d) This warranty is valid for 1 year after the date of purchase.
e) 1300TONERINK cartridges are also warranted not to cause any damage or abnormal wear and tear to any printer for which their use is intended. Should a 1300tonerink cartridge cause damage to the printer, 1300TONERINK will bear the printer repair cost.
15. 1300TONERINK’S LIABILITY TO YOU
15.1 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
15.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, 1300TONERINK excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth) and the Consumer Guarantees Act 1993 (NZ).
15.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
16.1 1300TONERINK reserves the right to, at its discretion; terminate your access to and use of the Website:
a) For convenience, at any time, upon provision of notice to you;
i. if 1300TONERINK reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
ii. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
17.1 1300TONERINK reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship 1300TONERINK with respect to that Order.
17.2 1300TONERINK may give notice to you by electronic mail. You may give notice to 1300TONERINK by email to our Customer Service Team at email@example.com.
17.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
17.4 A failure or delay by 1300TONERINK to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by 1300TONERINK does not prelude its future exercise or the exercise of any power or right.
17.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Windsor, Victoria.
4. SECURITY AND VIRUSES
4.1 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
5. LIMITATION OF LIABILITY
5.1 To the maximum extent permitted by law, 1300TONERINK and its related companies and the directors, officers, employees, agents and contractors of those companies exclude all liability for any loss or damage (whether direct, indirect or consequential) including loss or damage arising out of negligence, which you may suffer as a result of being a member of 1300TONERINK and Me.
6.1 You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffers if you breach these Terms and Conditions.
7.1 We reserve the right to change these Terms and Conditions at any time. The revised Terms and Conditions will be published on 1300tonerink.com.au. Any amendments will apply from the date the revised Terms and Conditions are published.
9.1 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
9.2 Any failure by us to enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any of our rights or remedies in respect of any existing or subsequent breach of the Terms and Conditions.
9.3 We may give notices to you via the details you provided to us as part of your membership. You may give notice to us by emailing usat firstname.lastname@example.org
9.4 This document is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts