» Follow us on twitter and facebook for exclusive offers and competitions
Terms & Conditions
We invite you to print out these Terms and Conditions, or we can email these to you on request. Your statutory rights are not affected by our terms and conditions.
Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Privacy Policy at any time without prior notice. Please periodically review our Privacy Policy for changes. If you have any questions, or would like further clarification, please contact us.
These terms and conditions ("the Terms") govern the users ("you" or "your") use of the website www.Ozsave.com ("the Website") and your relationship with Ozsave.com ("we", "our" or "us"). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us .
Agreement
By using the Website you agree to be bound by these Terms. You undertake that all goods so purchased by you, are for your own private and domestic use only and you accept email as a valid means of communication of any agreement between you and Ozsave.com.
Amendments
We reserve the right to update these Terms from time to time. It is your responsibility to check for such changes. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
Registration
You warrant that the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity. You will notify us immediately of any changes to the personal information by e-mailing or telephoning us.
Compliance
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer and any material which is defamatory, offensive or of an obscene character.
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
Orders
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit or debit card or (ii) despatch the goods to you or commence the services, whichever is the earlier.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
Cancellation Rights
Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days of receipt of the goods or services.
If you do cancel a contract then: you must notify us and you must retain possession of the goods and ensure that the goods are kept in the same condition as they were when they were delivered until such time as the goods or services are delivered back to us by you. You can return the goods or services to us by telephoning or emailing us.
We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice. Note that we will not accept any returned products where the box has been opened or the seal broken.
Price and Payment
All prices are in Australian Dollars (AUD) and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you. You will NOT be required to pay any duty or GST on personal items purchased from us.
Payment can be made by any major credit or debit card or by cash on delivery. Payment will be debited and cleared from your account before the despatch of your good or provision of the service to you.
You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website you must:
Be 18 years of age or over; and stipulate a delivery address within Australia; and register your real name, address, phone number, e-mail address any other details requested; and
By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. The products purchased on this site are for private and domestic use only and are not for resale.
Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
Limitation of Liability
Notwithstanding any other provision in the Terms, nothing in these Terms:
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet.
To the fullest extent permitted at law, Ozsave.com is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Ozsave.com disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Ozsave.com does not represent or warrant that the information accessible via this site is accurate, complete or current.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Website
unsuitability, unreliability or inaccuracy of the Website
inadequacy of the Website to meet your requirements
Severance
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Entire Agreement
These Terms form the entire basis form the entire basis of any agreement reached between you and us. Ozsave.com is a brand name of Niche trading fzco.
All Competitions
The Ozsave.com reserve the right to amend these terms and conditions from time to time.
These rules will be deemed incorporated in each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these rules and be bound by them. All decisions of Ozsave.com will be final and binding.
Any person who is an employee or an immediate family member of an employee of Ozsave.com or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of Australia.
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
Ozsave.com reserves the absolute right to disqualify any entrant to any competition which it considers has used improper technical means to enter. Entrants are liable for their costs to access computer networks.
Prizes
If for any reason an advertised prize is unavailable Ozsave.com reserve the right at its absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household. There will be no cash or other alternative to the prize offered and prizes are not transferable.
Contract for the Supply of Goods
The display of goods on the Ozsave.com site amounts to an invitation to treat only and is not an offer to sell goods at any price indicated. No contract for the supply of goods will be deemed to exist between you and Ozsave.com unless, and until, an email is sent by Ozsave.com to you confirming that your order has been shipped. You must check that the details of your confirmation email are correct as soon as possible and you should print out and keep a copy for your records. This confirmation email amounts to an acceptance by Ozsave.com of your offer to buy goods from Ozsave.com and this acceptance is effective regardless of whether or not you receive the email.
Ozsave.com are free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods, any description applied to the goods, the availability of the goods or the order itself. Price and availability information is subject to change without notice.
Processing of orders
Ozsave.com aim to ship all in stock items within 24 hours (not including weekends/public holidays) of receiving your order but your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable. We regret we are not able to supply dates when our suppliers may get an item in stock. We will keep you updated by email as to the status of your order (unless you ask us not to). Please note that your order may be sent to you in instalments.
Limitation of Liability
This liability section applies only to the extent permitted by law. Except as set out below, neither Ozsave.com nor any of their directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site.
Ozsave.com does not limit its liability for death or personal injury to the extent only that it arises as a result of negligence of Ozsave.com, its directors, employees or other representatives. Ozsave.com does not accept liability (except as set out below) for any errors or omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Ozsave.com shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund you the amount you paid for the goods in question PROVIDED THAT you notify Ozsave.com of the problem by contacting us within 14 days of delivery of the goods.
Ozsave.com does not accept liabilty for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of or damage to property and/or loss from claims of third parties arising out of the use of the Ozsave.com website or for any products purchased from the Ozsave.com website. Ozsave.com will only be liable for direct loss up to a maximum total of the price of the product purchased in respect of any claim.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Our card processing company tracks the electronic 'fingerprints' of every order placed on Ozsave.com to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
Inactive Accounts / Unused Credit
Ozsave.com reserves the right to close inactive accounts and remove any unused credit, if applicable, from these accounts. Unused credit will expire twelve months after the credit has been issued. Additional credit applied to an account will commence another twelve month period before the credit will expire. This includes the previous remaining credit. Expired credits on closed accounts will not be refunded.
Modification of Terms
Ozsave.com reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on the Ozsave.com site. These terms and conditions will apply to your order once you have received your confirmation email. They will supersede any other terms and conditions in whatever form given. Please print and retain a copy of the terms and conditions once you have received your confirmation email.
Ozsave.com 14 Day Returns Guarantee
We endeavour to make sure the product you ordered arrives in perfect condition. If however you are unhappy with your purchase, you can return it to us in its original condition (unopened, with all seals and shrink-wrap intact) within 14 days of the date you received the item and we will issue a full refund.
Please note: we can only accept returned items opened if they are faulty.
We cannot replace items unless they are damaged, defective or you have received the incorrect title. Electronic items can be returned for a refund provided that they are unopened with all seals and packaging intact. We can only accept returns of opened items if they are faulty. All original packaging must be included with returns of faulty items for them to be accepted.
We will refund your credit/debit card in full once we have received and processed the item (please allow up to 28 days from the date of postage).
Ozsave.com must be notified prior to a return being performed. A customer service representative will evaluate your return request and provide you with a “Returns Form” which must accompany all returns. Full return instructions are provided on the returns form. Ozsave.com will only accept returns for the following:
- Goods damaged or faulty prior to delivery
- Goods supplied incorrectly
- Goods that vary from their description on the website
Note:
- Goods are to be returned to us at your expense in an unused, unopened condition without the seals or wrapping being removed or broken.
- Computer and Console Games and Accessories attract strict manufacturer guidelines and are non-returnable unless defective or unopened (refer to “Damaged or Defective Items”).
How do I return an item?
In order to make a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for return.
Please package up securely and include the details of your order number and whether a replacement or refund is required. Include a full description of why you are returning the item. Any faulty item must have a full description of what the fault is.
Please obtain proof of postage from the post office when you sent the item back. Proof of postage does not cost anything however this covers you for the item on its return back to us. We cannot exchange for an alternative item, we can only do a straight swap. If you have ordered the item incorrectly we can arrange a refund when the item has arrived back with us. Replacements
We will replace any faulty items with the same title or if the item is no longer available, we will make a refund back to the original credit/debit card used in making the purchase. Replacements for returned items will only be issued when the original item has arrived back with us. Please note that our returns policy is only valid for 28 days from receipt of goods.
Refunds
We will refund your credit/debit card (or paypal account) in full once we have received the item back (please allow up to 28 days from the date the item arrived back with us for the refund to be processed).
All CD keys and Product Codes are NON REFUNDABLE once they have been shipped.
Damaged or Defective Items
In the unlikely event that you receive a damaged or defective product, we will exchange or refund the product price via the original method of payment only. If you request a replacement, we will despatch your replacement item (subject to availability) once we receive the return.
In order to return the product, please refer to the 'Returns Policy' section. You must return defective or damaged goods within 30 days of our original shipment date to you. Please refer to the date shown on your “Despatch Information” email to confirm this date.
If a product is later deemed to be faulty, normal warranty conditions for that product apply as set by the manufacturer. We recommend you review the warranty information prior to contacting Ozsave.com.
Testing
All items returned because of a fault will be tested by us. If the item is found not to be faulty we will return it to you and you will be liable for any postage charges. We would advise that you check the item thoroughly along with any accompanying instructions before returning the item. Please note that we do not offer any technical advice on games, computer software and electronic goods.
If for any reason you are unhappy with any aspect of your order, please do not hesitate to contact us with the details; and we will promptly rectify the situation. We reserve the right to reject an order or close an account if we suspect that a customer is taking advantage of our returns policy. This returns policy does not affect your statutory rights.
