Terms and Conditions

Terms and Conditions for Goods sold by A Drive Computers from adrivecomputers.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and A Drive Computers and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from adrivecomputers.com.au. By placing an order for Goods from A Drive Computers you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

  1. DEFINITIONS

In these Terms and Conditions:

  • “Additional Delivery Charge” has the meaning given in Section 3.4;
  • “Delivery Charge” has the meaning given in Section 3.3;
  • “Order” means an order for Goods, placed on the Website;
  • “Website” means adrivecomputers.com.au.
  1. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that A Drive Computers represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

  1. PRICING & TAXES

3.1         Prices for Goods are as shown on the Website.

3.2         A Drive Computers reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by A Drive Computers.

3.3         In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart. Should the Delivery Charge be less than stated in the advertised delivery charge, you will receive a refund on the different.

3.4         In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply A Drive Computers will contact, you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, A Drive Computers will cancel your Order. A Drive Computers will not process your Order until you have confirmed your acceptance of the Additional Delivery Charge and paid the Additional Delivery Charge.

3.6         By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge.

3.7         All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

  1. ORDERS

4.1         You can place an Order by following the instructions on the relevant A Drive Computers website.

4.2         An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery. A Drive Computers may accept or reject your offer in its absolute discretion. In particular, but without limitation.

4.3         Each Order that you place will, if accepted by A Drive Computers, be a separate and binding agreement between you and A Drive Computers with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

4.4         If you place an Order for someone else to receive the Goods you must obtain their consent before providing A Drive Computers with their personal information and, by placing an Order, you confirm to A Drive Computers that you have done this.

4.5         Please ensure that you enter all information carefully when placing an Order. You warrant to A Drive Computers that all information provided by you in relation to each Order is complete, true and accurate.

4.6         Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by A Drive Computers. A Drive Computers will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

4.7         Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by A Drive Computers, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .

4.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. A Drive Computers cannot consolidate separate Orders into one delivery.

4.9       Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware and software).

4.10       You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

4.11       The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

4.12       You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

4.13       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 4.11 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.14     A Drive Computers is unable to guarantee the compatibility of the items in your order with any existing hardware and/or software products. Customers are recommended to research product /software compatibility before purchasing the product(s). No refund or replacement will be given for compatibility issues unless stated by A Drive Computers ‘s staff that were would not be any.

  1. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

5.1         When you submit an Order you will receive an Order reference number via e-mail.

5.2         A Drive Computers will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by A Drive Computers when A Drive Computers does this, however A Drive Computers may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that A Drive Computers cancels your Order having already processed payment, it will refund payment in accordance with Section 11.1.

5.3         When A Drive Computers accepts an Order it represents an agreement by A Drive Computers to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

5.4         All payments are process through PayPal and you are additional subject to their terms and conditions.

5.4         You must pay for Goods by credit card (Visa, Mastercard or Amercian Express) or PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, PayPal may reject the payment. By providing your credit card/Pay Pal account you authorise PayPal to deduct the price and the applicable delivery charge(s) from such card.

5.5         A Drive Computers reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

5.6       PayPal may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, A Drive Computers reserves the right to cancel your Order and/or place your Order on hold and request and you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

5.7       Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

  1. CANCELLATION OF ORDERS

6.1         A Drive Computers reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. A Drive Computers may do this for example, but without limitation, where:

(a)         A Drive Computers’ s suppliers are unable to supply Goods that they have previously promised to supply;

(b)         an event beyond A Drive Computers’ s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that A Drive Computers is unable to supply the Goods within a reasonable time;

(c)           Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d)         you ask A Drive Computers to cancel your Order in accordance with section 4.6; or

(e)         in the circumstances set out in Sections 3.4 or 5.6.

6.2         You may cancel your Order where A Drive Computers:

(a)         has breached a material term of this Agreement;

(b)         is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

6.3         Where A Drive Computers cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

6.4         In the event of A Drive Computers or you cancelling your Order after payment has been processed, A Drive Computers will refund any money paid in respect of that Order. Section 11 of these Terms and Conditions sets out further information about refunds.

6.5       Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. AVAILABILITY OF GOODS/REFURBISHED STOCK

7.1         As A Drive Computers is dependent upon its Suppliers to provide stock, A Drive Computers cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. A Drive Computers reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. DELIVERY

8.1         Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

8.2         Goods will generally only be delivered to addresses within Australia. A Drive Computers is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order.

8.3         A Drive Computers is unable to delivery to a PO Box for the “Courier” shipping service.

8.4         Following dispatch of your Goods, A Drive Computers will email you with confirmation of dispatch and an invoice for your Order.

8.5         On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

8.6         The goods are dispatched from our supplier within 3 days’ business of receiving your order.

8.7         Delivery of products, please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer.

8.8       A Drive Computers does not ship any products to any international address.

8.9       Some products can be only pick up from our store and are not available to be shipped to you.

  1. PICK-UP OF GOODS IN STORE

9.1       Many Goods can be picked up from A Drive Computers store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.

9.2       Only the relevant person on the order may pick-up in-store Goods ordered.

9.3       If you choose to pick up your Order in store, you have the following two options:

  •  The “Express Pickup from Store (Charges Apply)” shipping services has a courier charge added to the order. Since the order is class as a special order.
  •  The “Store Pickup” shipping service is free to pick up from our store. The order is delayed until we order from that supplier unless the product is in stock.   Time to delivery is between the following day to a few weeks depending on the when the next order is.

9.4       When picking up Goods in store:

(a)         you may be asked to provide photo identification (current drivers licence, passport) to store staff to verify that you are the purchaser. If requested, you must allow A Drive Computers to take a copy of this identification for fraud prevention purposes. The copy will not be used by A Drive Computers for any other purpose or disclosed to any person outside of A Drive Computers;

(c)           you should also bring the email that A Drive Computers has sent to you confirming that the stock is available for pick-up; and

(d)         store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event A Drive Computers will contact the person who placed the Order using the contact details provided.

  1. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

10.1       You agree and acknowledge that:

(a)         A Drive Computers does not guarantee the delivery or availability of Goods within the timeframes set out in Section 8.7 above or otherwise specified by A Drive Computers or any of its staff;

(b)         events outside A Drive Computers’ s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

(c)           delays are particularly likely to occur around Christmas, Easter and public holidays; and

(d)         except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither A Drive Computers nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. REFUNDS OF YOUR MONEY

11.1   Where A Drive Computers is obliged to refund your payment pursuant to these Terms and Conditions, A Drive Computers aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 6 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

11.2   Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

  1. RETURNS/FAULTY OR DAMAGED GOODS

12.1   You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case, you should contact A Drive Computers on http://www.adrivecomputers.com.au/store/contact-us/ as soon as possible.

12.2   If you have a problem with any Goods or otherwise wish to return them please refer to A Drive Computers’ s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer, you can also contact us on http://www.adrivecomputers.com.au/store/contact-us/.

12.3       When returning Goods:

(a)         please provide A Drive Computers with your proof of purchase;

(b)        it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

12.4    You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

12.5     A Drive Computers Minimum Voluntary Warranty and Refund Guide is available here to view.

12.6    It’s recommend that you contact the manufacturer’s customer assistance for assist in returning faulty products. The list of most manufacturer’s customer assistance contact details, click here.

  1. MORE INFORMATION ABOUT A DRIVE COMPUTERS LIABILITY TO YOU

13.1 To the full extent permitted at law, A Drive Computers is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order.

  1. PRIVACY

14.1   A Drive Computers policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. View our privacy statement is available in PDF document, click here to view it.

  1. WEBSITE TERMS

15.1   Your use of the Website is governed by the Website Terms of Use.

Terms of Use

Welcome to the A Drive Computers website. By using the A Drive Computers website, you agree that your use of the A Drive Computers website is subject to these Terms of Use. Please read them carefully. A Drive Computers may from time to time amend these Terms of Use without prior notice.

A Drive Computers reserves the right to, at any time:

amend, update, change or remove any part of this website;

suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or

stop or suspend the operation of this website.

General Disclaimer

You acknowledge and agree that:

this website and its contents are provided to you on an “as is” basis;

 information on this website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current; and

 any answers provided to questions published on this website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.

Except to the extent required by law:

   A Drive Computers makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and

   A Drive Computers is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

This website and its contents are subject to copyright. The copyright is owned by A Drive Computers, or in the case of some material, third parties.

You may view this website and its contents using your web browser and electronically copy and print hard copies of parts of this website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this website is prohibited.

Trade Marks

Nothing contained in this website shall be construed as granting any licence or right to use any trade mark displayed on this website.

Mode of Access

In order to use this website, you will need internet access, devices and systems which are compatible with this website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time). A Drive Computers has no obligation to make this website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this website.

Third Party Websites

This website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. A Drive Computers is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. A Drive Computers will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

Cookies

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. A Drive Computers uses cookies to gather data in relation to this website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this website.

Viruses

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Except to the extent otherwise required by law, A Drive Computers will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this website.

Notice and Takedown Procedure

If you find content on this website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please notify us via email at http://www.adrivecomputers.com.au/store/contact-us/. In the email please specify the following information:

   your name;

   your address;

   your phone number;

   your email address;

   information to allow us to find the relevant content on this website;

   a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and

   where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf).

Severability

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use.

Applicable Law

These Terms of Use are governed by the laws of Queensland, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Queensland, Australia. A Drive Computers makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

Terms and Conditions for Goods sold by A Drive Computers from adrivecomputers.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and A Drive Computers and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from adrivecomputers.com.au. By placing an order for Goods from A Drive Computers you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

In these Terms of Use, a reference to A Drive Computers is a reference to A Drive Computers (ABN 75-494-081-877)

  1. GENERAL

16.1   A Drive Computers reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

16.2   Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

16.3   These Terms and Conditions are governed by the laws of Queensland, Australia.

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