General Explanation
In the following Terms and Conditions, “we”, “us” and “theshoppingbox” signify The Online Box Group Pty Ltd trading as theshoppingbox (www.theshoppingbox.com.au) ABN 32556877944 of PO Box 377 , Malvern VIC 3144, and “you” signify the customer.
These Terms and Conditions, along with your Order, constitute the Contract of Sale between you and us for the supply of Product(s).
No other terms and conditions apply for sale on this website. These Terms and Conditions remain static and can be changed only after our written consent.
GST
Unless otherwise mentioned on the Product Listing, all the prices on theshoppingbox.com.au are inclusive of GST.
Prices
All the prices listed are in Australian dollars (AUD) or New Zealand dollars (NZ) to which you are a resident, reflective of your billing & shipping addresses. You will be charged in Australian Dollars (AUD) through our payment system.
Eligibility
Only a major (a person above the age of 18 years) is eligible to place orders with theshoppingbox. By placing an order with us, you acknowledge that you are a major.
Theshoppingbox reserves the right to recover any loss, financial or otherwise, caused due to a transaction by a minor. The parents or legal guardians of all the minors who enter into a contract with theshoppingbox undertake to make good any loss, financial or otherwise, suffered by such dealing. Besides, theshoppingbox is free to pursue any and every legal remedy available under the law, for the time being in force, in case of dealing with a minor as a party to the contract.
Placing the Order
Placing an order on theshoppingbox is simple. Just fill in the Order Form available on the website by following the checkout process, and once completed, clicking the ‘Confirm Order’ button.
You will be issued an Order Number via email for your reference.
By Placing an Order, you make an offer to purchase the Products from theshoppingbox, and signify your consent to agree to these Terms and Conditions. Information contained on the theshoppingbox website constitutes an invitation to treat. No information on this website constitutes, or should be deemed as, an offer by us to supply any Product(s).
However, the usual internal process of theshoppingbox will run, nevertheless. We will notify that your order is being processed by sending you an Order Confirmation and tax invoice via email. The formal acceptance of offer is deferred till your order has passed our internal validation procedures that are put in place to verify the bona fides of every order placed on theshoppingbox. The primary purpose of validation procedures is to prevent Credit Card or Payment fraud.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Your order stands confirmed ONLY when we send you an email confirming shipment of the goods you ordered. If, for some reason, it is not feasible to process or accept your Order after the receipt of payment, we will contact you by email or telephone for sorting out the matter.
Modes of Payment And Processing
Theshoppingbox accepts payment via MasterCard, Visa or AMEX.
Payment processing will begin as soon as we receive all the information we require to process your Order.
The processing of payment for the orders placed on a weekend or a Public holiday will commence on the next business day.
Business days of theshoppingbox are Monday through Friday, excluding Victoria (VIC) Public holidays.
We process Credit Card and PayPal payments ONLY after the checkout process has been completed and the ‘Confirm Order’ button clicked.. For credit card we will email a tax invoice with your Order Confirmation.
Your tax invoice is the proof of purchase.
Important:
• The payments from Credit Cards issued by banks within your country of residence.
• All the Debit cards and Cheque Cards have daily spending limits that could delay the processing of your order.
• We may require further documentation for additional security reference checks.
• The PayPal payment funded by an eCheque could delay the processing of your Order till the time your payment clears.
Delivery Of Your Products
Your Products will be delivered within 7-14 working days. This period shall commence from the date of receipt of your payment for the Products.
The estimated delivery times exclude Saturday, Sundays and Australian Public holidays.
We make every effort to ship your Order strictly as per estimated delivery times provided, however, estimated ship times may change due to changes in supply, or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please Contact Us.
You can also keep track of the delivery status of your Products under the “My Account” section on this website.
Unless agreed otherwise, we will deliver your Product(s) to the address as indicated on your Order Confirmation. If the carrier does not find anyone at that address, a calling card will be left with details of how to arrange another delivery time.
Should you decide to have your product left without a signature acceptance theshoppingbox will not accept any liability for loss, theft or damage to your delivery.
You will not be solely responsible for any loss to the Product after delivery.
For courier delivery particularly of larger parcels, courier drivers are required to deliver the item to the correct address that being the ground floor front location of the delivery address and bear no responsibility in carrying the parcel further up/down stairs within the premises.
You will be the sole owner of the Product after its delivery.
Rejected Deliveries / Return To Sender Scenarios
Once an order has been dispatched, the customer will be issued with tracking / consignment details for the parcel(s) delivery by the associated freight carrier. It is the customers responsibility to track the parcel with Australia Post eParcel(or other) and identify if any failed delivery attempts by the freight carrier have occured. In the event of failed delivery attempts, it is the customers responsibility to make contact with the freight carrier in response to the attempted delivery cards left and organise for a suitable delivery day and time for successful delivery.
In the unlikely event that the parcel is returned to sender, the parcel will not be re-dispatched until postage has been repaid by the customer to cover the cost of sending the parcel again. In this instance theshoppingbox reserves the right to withhold re-dispatch until postage payment has been paid again. If the customer does not wish to repay for postage for re-dispatch of their order they have the option to cancel their order and receive a full refund for their order less a $20 restocking fee and less postage costs associated with the rejected return of the parcel back to theshoppingbox.
Order Changes and Cancellations
Once an order has been put through, theshoppingbox will charge $5 per change / ammendment / cancellation to their order (under all circumstances including address change, product colour change and cancellations). We strongly urge all of our customers to please choose carefully and place your order only when you are completely ready
Coupons
Theshoppingbox offers a credit facility on “Coupons” whereby theshoppingbox may credit the users with discount Coupons from time to time. These Coupons can only be used inaccordance with the Terms and Conditions under which the Coupons are issued, and for the payment of Products on our website. Any Terms and Conditions governing the use of a coupon will be in addition to any and all of these Terms and Conditions. Where a Coupon is used towards the payment of a Product(s) there may be an outstanding balance due on the Product.
Redemption of only full amount of your Refund Credits is allowed. To redeem your Refund Credits Contact Us.
Dead On Arrival (DOA) Products
A DOA product is the one that shows symptoms of a failure, or is discovered to be damaged, or broken, after unwrapping the packaging.
Theshoppingbox may replace the Product declared as DOA by our Customer Service official. In case theshoppingbox cannot replace the damaged product, a full or partial refund will be offered to the customer.
All the return shipping expenses and arrangements for a DOA product will be borne by theshoppingbox.
If the Product is determined as NOT DOA, theshoppingbox will be at liberty to refuse to replace the Product, or entertain any refund request.
After the new product replaces the DOA Product, the ownership in new product gets transferred to you and that in DOA Product reverts back to us.
When a refund is given, the ownership of DOA Product reverts back to us.
If after examining the returned product and the unit is found not to be faulty, the customer shall be liable for the payment of $20 as handling charges and administration fee.
Problems After Delivery
If the product is declared DOA or an apparent defect is detected after delivery, and our Customer Service Department receives a valid claim, FactoryFast shall exchange the Product, if possible, or refund the purchase price of the Product, as the case may be. It is strongly recommended to advise FactoryFast of any issues as soon as possible.
Where it is agreed to replace the Product or refund the purchase price of the Product, the defective Product must be returned first before processing of replacement or refund.
All the replaced Products carry the same Warranty as the returned Product.
Return Authorisation Number
Returns sent to theshoppingbox will only be accepted if a Return Authorisation Number (RA) has been issued - returns without an RA number will simply be rejected. Theshoppingbox requires you to have a RA for both replacement and refund claims.
RA numbers will only be issued if customer service representatives feels that a fair and reasonable troubleshooting email correspondance has occured and that the required photos (if required) have been sent to verify the apparent fault(s) in question. When our Customer Service officials provisionally determine that the Product is DOA, you will be issued a RA.
Theshoppingbox shall not enter in any return or refund claim without the requisite RA.
All the RA product returns must be packed in the original, unmarked, original packaging and protective packaging, including any and all original accessories, manuals, documentation and registration that shipped along with the product. Non-adhnerence to RA returns conditions may some cases result in a warranty being deemed void. Theshoppingbox will reimburse legitmate non-express freight costs, when pre-agreed, that are associated with RA sending of parcels back to us.
Organising the Return of DOA Products
Our Customer Service Department will email you an RA which must be affixed to the Product. After doing this much, you can then leave the Product at any Australia Post Office.
Replacement
In case, a replacement Product is arranged, it will be shipped to you at our expense after the receipt of the returned DOA Product.
Replacement Products are provided with the same Limited Warranty as the DOA Product.
Refund
Where a refund is to be issued, it will be processed through the same payment medium in which your original payment was made with theshoppingbox.
No refunds for authorised product returns cases (i.e. where an RA has been issued) can occure until theshoppingbox receives the Product on site.
No refunds are permitted where the buyer is simply unhappy with their purchase or has changed their mind (no exceptions).
Manufacturer Only Warranty for some Products
Some Products that are advertised and sold with manufacturer’s warranty on theshoppingbox are the liability of the manufacturer or supplier if it’s found to be defective or DOA. For an expedited response theshoppingbox advises you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. However, in case the manufacturer fails to comply, theshoppingbox will replace the Product, or issue a refund of purchase price for that Product.
Exclusion of Liability
Theshoppingbox shall not be liable for any loss of income, profits, contracts, 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.
The maximum amount for which theshoppingbox undertake the liability shall, under no circumstances, exceed the amount payable by you to us in respect of the Product(s) in question.
Usage and Protection of Your Personal Information
By placing an Order, you agree that theshoppingbox may store, process and use the information collected from your Order Form for the purposes of processing your Order. If you have also consented that theshoppingbox may use the information to provide you with promotional offers and other information from time to time on other Products by theshoppingbox that may be of interest to you, then you agree to give such consent in full.
You may obtain a copy of 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 our Security & Privacy section for more.
Credit Card Fraud
Theshoppingbox employs the latest and safest Secure Sockets Layer (SSL) technology software for all the financial transactions with our customers. However, despite our best efforts, if the sensitive Credit Card information of the customer is compromised, theshoppingbox will not be responsible for any damages, consequential losses, direct or indirect, suffered by the aggrieved customer.
Force Majeure
Theshoppingbox 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 its control.
Theshoppingbox shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
All the disputes under these Terms and Conditions shall be subject to the laws of Victoria, Australia, under the non-exclusive jurisdiction of the courts of Victoria, Australia.
Colour Display
We utilise the services of professional product photographers and do our best to display all of our products, their colouring and accessories as accurately as possible. The colours you see will depend on the monitor you are using and its current monitor settings, therefore we cannot guarantee that your monitor's display of any colour will be accurate.
Corrections
Theshoppingbox places a very strong focus on the accuracy of our product information and pictures for all products. This is to ensure that what we list is exactly what you can expect to receive however, rare instances may occur where typographical errors or inaccuracies are identified. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information or pictures at any time without prior notice (including after you have placed your order). Possible changes may include (but is not limited to) product description, pictures, pricing and availability.
Miscellaneous
You shall not assign any rights and obligations under these Terms and Conditions, whether in whole, or in part, to any third person, without prior written consent of theshoppingbox. Any such unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held to be invalid, or unenforceable in whole or in part, by any competent authority, the validity of the remaining provisions of these Terms and Conditions shall not be affected thereby.
Under the Trade Practices Act 1974 (“Act”), where implied conditions and warranties cannot be excluded, any liability on theshoppingbox 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 theshoppingbox, 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 of the 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.
Theshoppingbox reserves the right to change the Terms and Conditions of sale at any time. No theshoppingbox employee or agent has the authority to vary any of the Terms and Conditions suo moto governing any sale.
Theshoppingbox complies with all Victoria state legislation, Spam Act 2003, the Privacy Act 1988, the Electronic Transactions Act 1999 and the (Victorian) Electronic Transactions Act 2000. For further information please refer to www.vic.gov.au or contact us
