Terms & Conditions

Terms & Conditions

All orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at our discretion.

This website is owned and operated by ESPEX PTY LTD (T/A: POWERBACKUPS). All orders and purchases made through the facilities of this website shall be subject to these Online Shopping Terms and Conditions. In these terms and conditions, “Powerbackups.com.au” “we” “us” and “our” refers to POWERBACKUPS.

We may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in Australian dollars and all charges will be processed in Australian dollars.

We will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, POWERBACKUPS will not be responsible for any delays in delivery which are beyond its control. If goods are not available or there is a delay in delivery we will notify our customers within 5 business days.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided on this Web Site; however, we are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Web Site or any other related Web Site. Information and related materials are subject to change without notice. This Web Site and all information and related materials it contains are provided "AS IS." POWERBACKUPS makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this Web Site or the information or materials it contains. By using this Web Site, you assume the risk that the information and materials on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.

By placing an order for any product from Powerbackups.com.au, you ("Customer / Consumer") agree to be bound by the terms and conditions listed below. You and POWERBACKUPS agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and POWERBACKUPS. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Powerbackups.com.au.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In addition to the rights and remedies you may have under the Australian Consumer Law you may also be entitled to benefits under the terms of any additional manufacturer's warranty. The manufacturer's warranty (if it applies to your product) does not in any way affect your rights under the Australian Consumer Law.

Security

POWERBACKUPS is committed to protecting your privacy. This means that we do not distribute, rent, or sell any of your personal information. We may share non-personal, non-individual information to our partners in aggregate form for research analysis. For example, we will not show that you purchased a specific item but rather, how many customers purchased that item.

When you browse through our site, we collect information on the efficiency and working of our website. This information includes the number of times a web page is accessed, the browser used, and paths taken when moving through the site. Any information that we collect from you will be used to improve and personalise your shopping experience and all information is stored in a secure manner.

We use a cookie to track your basket during your visit. You may experience trouble when using our site if you do not have cookies enabled. If you have your privacy settings set to high or are blocking cookies you will not be able to create a basket. You can check your cookie setting in Internet Explorer via the Tools > Internet Options > Privacy. Our site requires a medium setting.

We must cooperate fully with any law institution should a situation arise where our information can be of assistance.

Hyperlinks

This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Refund, Return & Warranty Policy

What is our return policy?

We do not normally give refunds or exchanges if you:

• simply change your mind; or

• purchased the wrong product; or

• already knew of a particular fault in a product, or we specifically advised you of a particular fault in a product; or

• damage a product after purchase due to alterations to the product not performed by us, damage the product due to unusual or non-recommended use of the product or damage the product where the damage is caused by any factors beyond our control; or • no proof of purchase is provided.

How do I request / notify a Refund, Return, Warranty Claim & or Consumer Guarantee Claim?

Click here to request/submit your Refund, Return, Warranty Request & Consumer Guarantee Claim

Please note if the product is deemed NO FAULT FOUND for any warranty claim or consumer guarantee claim, a service fee up to $50 with any additional shipping charges may be applied; and any inspection / rejection fees by the relevant authorised service centre may also be applied. If a product is found to have been supplied to you in full compliance with the Australian Consumer Law, we may require you pay to POWERBACKUPS all costs associated with returning the product to you.

How can I be eligible for Refund, Return, Warranty Claim & or Consumer Guarantee Claim?

To be eligible for a refund, return, warranty claim or consumer guarantee claim consumers must meet the following requirements:

• report the details of the fault and take the goods back to Powerbackups.com.au (or return them by post or courier);

• state what remedy you would like. Powerbackups.com.au does not guarantee that the remedy you request will be granted;

• provide proof of purchase when returning the goods;

• stop using the faulty item;

• ensure reasonable care is taken while the goods are in your possession.

• be sure that you did not cause the fault ie. fault was not caused by the product being used in an abnormal or non-recommended way. Such a use may be noted in the manufacturer’s warranty as rendering the manufacturer’s warranty void;

• the product must not be disposed of, lost or destroyed. In other words, we need to be able to prove that the product has failed; and

• not have reduced in value by delay on the customer's part. Customers should bring faults to Powerbackups.com.au's attention soon after they occur.

• Powerbackups.com.au recommends that you carefully review the details of the manufacturer’s warranty (if such a warranty applies) and ensure that you comply with the terms and conditions of the manufacturer’s warranty. POWERBACKUPS accepts no responsibility for non-compliance with the manufacturer’s warranty.

Rejection of a return, a refund, warranty claim or consumer guarantee claim

POWERBACKUPS reserves the right to reject a return, a refund, warranty claim or consumer guarantee claim if consumers:

• Change their mind about a product. This includes when a consumer has found a cheaper product elsewhere, has bought a gift that is unsuitable (where the consumer has not made any specific intended use of the product known to Powerbackups.com.au), or their circumstances have changed and they no longer require the goods.

• Caused the fault by using the product in an abnormal way. Such a use may be noted in the manufacturer’s warranty as rendering it void, or it may be a use that you wouldn't reasonably expect the product to perform

• Damage the product by making alterations not performed by us.

• Damage the product where the damage is caused by any factors beyond our control.

• Are unable to provide a proof of purchase, namely a tax invoice.

• Are responsible for damaging the goods by not following the care instructions (if any are provided).

Restocking products

In some circumstances, we are happy to offer our consumers with a conditional courtesy return if consumers want to exchange products purchased incorrectly provided the:

• customer notifies Powerbackups.com.au within 7 days of receipt of delivery of the product;

• products are not opened, used and are still in pristine condition;

• customer accepts a minimum restocking fee of 20% of the purchase price;

• Powerbackups.com.au may reject the return upon inspecting the condition of the products and will return the products to the customer at the customer’s expense.

Acceptance of such returns are at the discretion of POWERBACKUPS

How do I receive my refund?

Any refund will be given to the customer in the same payment method that the customer used to purchase the item.

For example, customers cannot ask for a cash refund if they did not pay cash for their order. Please note refunds can take up to 3 business days to process.

Returning goods to POWERBACKUPS

POWERBACKUPS do not take responsibility for any goods damaged or lost in transit when the customer sends the product back to us for warranty or return. The manufacturer’s warranty may be void if the product is damaged in transit. Please ensure the product is packed appropriately for shipping before sending it back to us. If you are unsure about how to pack a product appropriately for shipping please contact us. The consumer is responsible for any and all charges associated with returning the goods to POWERBACKUPS except where the cost of transporting the goods is significant due to the size, height or type of problem with the goods. Such charges may be reimbursed by POWERBACKUPS to the consumer where the consumer is entitled at law to have those charges reimbursed to them.

For Manufacturer direct warranty claims: customers are recommended to contact the manufacturer for expert technical support & warranty assistance, to lodge warranty claims and organize pickup or delivery. Please note, POWERBACKUPS do not provide pickup services on behalf of the manufacturer/3rd party service centres. Please read manufacturer’s warranty cards/manuals for additional information regarding support and warranty.

In cases were goods are returned to us for repair that contain User Generated Data (as that term is defined in the Competition and Consumer Act 2010 (Cth)) we advise that repairing the goods may result in the loss of the User Generated Data. User Generated Data may include (but is not limited to) data stored on a computer hard drive, mobile phone, IPod, digital camera or USB.

Special Orders, Clearance, Discontinued Items, Free products, Software and Consumable Products

POWERBACKUPS do not accept the return or exchange if consumers

• simply changed their mind;

• no longer require due to changed personal circumstances;

• found the product cheaper somewhere else;

• the goods are damaged due to misuse; or

• already knew of a particular fault in a product or we advised you of a particular fault in a product prior to purchase.

A limited warranty may also apply for clearance, discontinued, or free product. Please read the product description or contact us for more details if you are unsure whether a product within the category above has limited warranty or not.

Manufacturer’s Warranty

Before any manufacturer’s warranty claim, consumers are requested to make sure the product is:

• Not affected by being used incorrectly or in an abnormal way. Such a use may be noted in the warranty as rendering it void, or it may be a use that you wouldn't reasonably expect the product to perform.

• Not disposed of, lost or destroyed. In other words, there needs to be proof that the product has failed.

• Not reduced in value by delay on the customer's part. Customers should bring faults to POWERBACKUPS’ attention soon after they occur.

POWERBACKUPS is not a manufacturer or authorized service centre, therefore it is highly recommended that customers contact the manufacturer's technical support directly for any troubleshooting or technical support advice before you return the product to us for a warranty claim. Some of these manufacturer provided support services are free and may provide you expert technical advice. If the product is deemed faulty, in many cases, a tech support case number is assigned.

This can expedite the warranty process when lodging a warranty claim with POWERBACKUPS or directly with the manufacturer.

Some manufacturers provide onsite or pickup and delivery services as is most common with warranty services for notebooks and LCD monitors. These direct manufacturer services, in general, allow for a quicker turnaround of warranty claims.

Due to the Privacy Act, POWERBACKUPS cannot apply for a warranty claim on the customer's behalf directly with the manufacturer.

Please note: The actual manufacturer’s warranty process may vary for different manufacturers and/or suppliers, so we cannot provide an accurate timeframe of how long the process will take for a particular product in the first instance. Status updates are provided once further information is received from the manufacturers, their service centre or agents.

POWERBACKUPS also reserves the right to apply any service fees for any warranty claims to cover all costs incurred including inbound & return freight, supplier/manufacturer service fees etc if the returned product is found to be not covered by warranty, warranty has expired, or no fault is found or the item was physically damaged.

Payment Options

POWERBACKUPS store accepts Paypal, VISA and Mastercard, Bank Transfer payments only. All of our store prices are in Australian dollars and prices charged to overseas-based credit cards are according to the exchange rate on the day of shipment.

Export Restrictions

At the moment, POWERBACKUPS only ships to Australian delivery addresses.

Cancelled/Declined Orders

Your order can be changed or cancelled at any time before your order is shipped. Contact us to arrange cancellation of your order.

We reserve the right to cancel an order and/or to place a stop on online orders if:

(a) your order is not accepted at the nominated delivery address; or

(b) we believe (or reasonably suspect) that your order is fraudulent or you have otherwise breached these Web Site terms and conditions

Tax Invoices

POWERBACKUPS will email you a tax invoice when order is shipped, so you can reprint the email should you require a hard copy of the invoice.

Warranty

You acknowledge and agree that our manufactures/distributors warranties require defective goods to be returned directly to them rather than to POWERBACKUPS. In these circumstances, if our manufacturer/distributor for any reason refuses to replace the goods POWERBACKUPS shall not be responsible for loss or damage you may suffer as a result. You agree you shall deal exclusively with the manufacturers/distributors and not have recourse to POWERBACKUPS and you indemnify us and agree to keep us indemnified for loss or damage caused by a breach of this provision.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission.  We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website

Disclaimer

Your use of this Web Site is at your sole risk. To the extent permitted by law, we exclude all express or implied conditions or warranties of any kind, including any warranty that the material on this Web Site will be reliable, accurate or complete, or that your access to this Web Site will be uninterrupted, timely or secure. In particular, we do not warrant the reliability or accuracy of card information or that material accessible on or through this Web Site will be free from errors, viruses, worms or other harmful code.

We are not liable to you or to any other person for any loss or damage (including any other form of indirect or consequential loss) either in negligence, other tort, breach of contract, breach of warranty or for any other reason or cause whatsoever, arising out of or in connection with Online purchases or use of this Web Site, including any loss or corruption of data, interference with or damage to your computer or any interruption, delay or failure in this Web Site. These exclusions only apply to the extent permitted by law. Our liability to you in contract, tort (including negligence), under statute or otherwise, will be reduced by the extent (if any) to which you caused or contributed to the loss or damage. This clause will apply even after this agreement has ended.

Where legislation implies any condition or warranty that cannot be excluded in these Web Site terms and conditions – Online purchases, we limit our liability for breach of any such implied conditions or warranties to the replacement or repair of the goods (or costs thereof) or re-supply of the services (or costs thereof).

 

POWERBACKUPS

ABN 88 623 182 123

Tel: 02 8209 3338