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These Terms and Conditions form a binding agreement between you as the customer and L&H Group (a limited partnership) ABN 19 730 781 473 t/a Data Depot ("Data Depot" "we" and "us") in connection with the sale and purchase of products (“Products”) from and through the Data Depot website at www.datadepot.com.au (“Data Depot Website”).
Placing Your Order
You may place an order for Products (“Order”) by filling in the Order form on the Data Depot Website and clicking the "Place 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 at the prices indicated plus any applicable delivery charge. Data Depot will make reasonable efforts to supply Products to you. We will notify you that your order is being processed by sending you an Order confirmation and confirm the total cost via email; however, we do not formally accept your offer until your credit card payment has been validated. To the extent permissible at law, Data Depot reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its 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.
Delivery Of Your Orders
Our standard delivery charge is $14.95 in addition to the purchase price of your Orders, for all Orders with a Grand Total of under $150 (including GST), for delivery anywhere in Australia. All Orders with a Grand Total of $150 (including GST) or more will be delivered free of charge , anywhere in Australia.
We endeavour (but do not guarantee) to have Orders sent out from our Melbourne warehouse within 1 working day from the date placed by the customer.
Estimated delivery times for each Product in your Order will be displayed at the check out. These delivery times are calculated on the basis that the Products are in stock at the time of ordering. (If they are not delivery times may be longer). Assuming all Products in your Order are in-stock, the following estimated delivery times apply:
- 1-2 Business Days - Melbourne, Canberra, Sydney, Adelaide, Geelong, Bendigo and Mildura
- 2-3 Business Days - Brisbane, Broken Hill and Albury
- 3-4 Business Days - Hobart, Country Victoria
- 4-5 Business Days - Perth, Fremantle and Townsville, Country NSW
- 5-6 Business Days - Darwin, Country Western Australia
- 8-9 Business Days - Cairns, Far North Queensland
For the above purposes “Business Days” means Monday through Friday , excluding Public holidays in either the place of dispatch or receipt.
Although every reasonable effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Order has not arrived within the estimated delivery time, please contact us by email to email@example.com, or phone 1300 944 030.
Unless otherwise agreed by us, we will deliver your Order to the address indicated on your Order Confirmation. Where delivery is to occur by our carrier service, if no-one is available to take delivery of your Order, our carrier (Toll, Star Track or TNT) will leave a card to arrange another delivery time or collect from their distribution centre. Where delivery is to occur by our courier service and no one is available to take delivery, the courier will leave a card requesting you to telephone them to arrange a suitable time and date for delivery or collect from their distribution centre. After a second delivery attempt, additional costs may be incurred for the third and final delivery attempts.
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.
All Products are covered with full transit insurance, and upon dispatch of your order our system will automatically email you your shipment and parcel tracking details.
All items are sent via Toll or Star Track service, except items of a larger weight and/or dimension which are sent via TNT courier. Data Depot has partnered with Toll, Star Track and TNT, which are considered among Australia's most reliable courier companies to offer prompt and safe shipping right around Australia.
Data Depot is able to deliver your items to your home, work or (except as set out below) P.O. box address Australia wide, this includes all properly addressed rural and remote areas of our great country. For larger items that need to be sent via courier a street address is mandatory, however you will be notified during the checkout process if this is necessary. For help with postage, please visit our Customer Service Team on 1300 944 030.
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 cannot place orders with Data Depot.
Should Data Depot suffer any damage or other losses as a result of a transaction entered into by a minor, Data Depot 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 Data Depot.
Payment Methods And Processing
Data Depot currently accepts Visa/MasterCard and Paypal only.
Payment processing will not begin until we receive all the information we need.
Processing of payments for Orders placed on a weekend or a Public holiday will not begin until the next Business Day.
We process credit card payments after you click the "Place Order" button. Paypal payments are made through the Paypal website, which is approved before the order is completed.
We will email your Order Confirmation with total cost of purchase. A tax invoice will be sent with your delivery. Your tax invoice is your proof of purchase.
We are unable to accept credit cards issued by banks outside of Australia.
You may be required to provide further identification for additional security reference checks.
Data Depot purchases include GST, and the final GST amount will be listed separately on the final invoice.
Data Depot reserves the right to change prices for Products displayed at Data Depot at any time. Such changes will come into effect immediately after posting but do not apply to submitted orders.
Data Depot in its absolute discretion may from time to time provide discount coupons to existing and/or new customers.
Coupons can only be used towards the payment of Products on our website.
Coupons can only be used in accordance with the terms and conditions under which the coupons are issued.
Any terms and conditions governing the use of a coupon will accompany that coupon.
For clearance items, Data Depot may indicate on the Data Depot Website a limit to the number of products available per customer. In such cases, you will only be able to purchase the maximum number available.
Your Rights To Return A Product
No refunds, credit or replacements are available if you have simply changed your mind about a product, made an incorrect choice, or failed to verify and accurately provide your information when placing an Order.
We will accept returns and provide a refund (or if you prefer, an exchange) on incorrectly supplied products, in the particular circumstances indicated below ("Defects and Problems with Products) or where otherwise required under the Australian Consumer Law. Please contact our customer service representative by email to firstname.lastname@example.org, or phone 1300 944 030.
Shipping/handling charges for returns will not be refunded unless the item has been returned because the reason the return is required is solely our error or otherwise in accordance with the section below.
Where a refund is provided, the appropriate tax amount will be included with your refund.
If a promotional code or discount was used to purchase the item, only the amount of the actual price paid will be refunded.
Refunds will be processed within seven to 14 days of receiving your returned item. We will notify you via e-mail as soon as your refund is processed.
Defects and Problems with Products
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (“Law”). You are entitled to a replacement or refund for a "major failure" and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
The term "major failure" is defined in the Law and includes but is not limited to:
Where the goods are substantially unfit for the purpose for which such goods are commonly supplied and cannot easily and within a reasonable time be remedied to make them fit for such a purpose; or where the goods are unsafe.
We will refund or replace a Product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law, if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose, is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original Product to us, provided you do so within 30 days of receipt. Otherwise, you will be responsible for such costs.
Replacement Products are subject to the same warranties as the original.
You must retain your proof of purchase for any manufacturer warranty claims.
Refunds will be issued by credit card refund, direct deposit, cheque or PayPal at our discretion.
In order to obtain these remedies you must notify us within a reasonable time of supply of the goods. In this context a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the Products. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products and will issue a Goods Return Authorisation (“GRA”) and Number where the return is authorised. We may not accept the return of Products without a GRA Number.
Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
We aim to process refunds and replacements within 28 days of receipt by us of the original product.
We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
Goods that develop a defect after first use may also be covered by manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs.
Goods Return Authorisation - A Must Have
A Goods Return Authorisation (GRA) is required for both replacement of Products and refunds. We will not unreasonably withhold the issue of a GRA.
To obtain a GRA or make a warranty claim, please call or email us:
email@example.com, or phone 1300 944 030.
Organising the Return of Defective Products
Defective Products must be returned whenever we agree to replace the Product or provide you with a refund.
Where you received a defective Product delivered by AAE and TNT, our Customer Service will email you a GRA code, Order number and contact details which you must affix to the Product. It is your responsibility to organise return of the product. We will refund your shipping costs in the circumstances set out above.
When a Replacement Product is arranged:
Where a Product is to be replaced (in accordance with the above procedures) a replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned product.
Typically 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 warranty as the Product returned.
When a Refund is given:
Refunds include all shipping and associated costs for the defective Product.
No refund will be given to you until Data Depot has received the defective Product from you.
Refunds will be issued by credit to your credit card account.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use personal 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 Data Depot Products that may be of interest to you.
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 Data Depot has partnered with Westpac Payment Gateway solutions to process all credit card transactions with our customers, Data Depot will not be responsible for any damages, losses (whether consequential, direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
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 Data Depot. Any unauthorised 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.
Except for any liability of Data Depot that cannot be excluded at law (for example under the Australian Consumer Law) Data Depot’s liability to you shall be limited to the minimum remedy required at law. To the extent possible Data Depot excludes all liability for special or consequential arising out of any breach by it of these terms and conditions or any other action.
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.
Data Depot reserves the right to change the Terms and Conditions at any time, which changes may take place with immediate effect.
No Data Depot employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Data Depot 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 Data Depot, and Data Depot shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
[Date: March 2016]