Terms and Conditions
Conditions of Trade
These Conditions of Trade (the "Terms of Use") are applicable to the Hardware Mart web site located at www.hardwaremart.com.au, and all associated sites and sub-domains linked to www.hardwaremart.com.au. The site is the property of Hardware Mart and its licensors. All users of this site agree that access and use of this site is bound to these terms and conditions. Please DO NOT USE THIS SITE if you do not agree with these terms. Mobo Direct reserves the right to change the TERMS AND CONDITIONS at its sole descretion.
Australian Consumer Law
All sales are subject to the Consumer Guarantees Act. Under the Australian Consumer Law the customer is entitled to a full refund or replacement if the products are not fit for purpose or do not operate as intended.
Personal and Non-Commercial Use
The entire content included in this site, including but not limited to text, graphics or code is copywrighted as a collective work under Australian and other copywright laws, and is the property of Hardware Mart. The collective work includes works that are licensed to Hardware Mart, Copywright 2018, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order or purchasing products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for non-commercial use, or to place an order with or to purchase products. Other use including but not limited to the reproduction, distribution, display or transmission of the content of this site is prohibited without Hardware Mart's express prior written consent. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Site Content
All text, graphics, user interfaces, photos, trademarks, logos, artwork, and computer code ("Content"), incuding but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the site is owned, controlled or licensed to Hardware Mart, and is protected by copywright, trademark, IP rights and unfair competition laws. No part of the Site and no content can be copied, reproduced, republished, uploaded, posted, used in public, encoded, translated, transmitted or distributed to another computer, server, web site or other medium for publication or distribution or for a commercial enterprise without Hardware Mart's express prior written consent.
Prohibited Uses
This SITE IS NOT BE USED (including materials or services obtained through site use); (a) in a manner that violates local, state, national, or international statute, regulation, rule, order, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate another person or entity; (d) to interfere with or disrupt the Site or servers or networks connected to the Site; (e) to interfere with or disrupt the Site or servers or networks connected to the Site; (f) unauthorized access to the Site, accounts, hosting servers, or networks connected to the Sites, whether through hacking, password mining, or other means; (g) to probe, scan or test the Site or network connected to the Site, nor breach the security or authentication measures on the Site or connected network. Site visitors are not permitted to reverse look-up, trace or seek to trace information on another user or customer of Hardware Mart, to exploit the Site or service or information made available or offered on the Site, where the purpose is to reveal or use the personal information that belongs to other users, as provided on the Site; (h) Use of Site such that it imposes an unreasonable or large load on the infrastructure of the Site or networks connected to the Site of Hardware Mart; (i) Use of device, software or procedure in an attempt to interfere with the normal working of the Site, or transaction being processed on the Site, or with another person's use of the Site.
Violation of These Terms of Use
Accounts and Passwords
Certain features and services offered on this Site will require the user to open an account which includes setting up an account ID and password. The user is responsible for keeping this account information secure and conifential. The user agree's to notify Hardware Mart immediately if there is unaothorised use of their account or password credentials, or other breaches of security. The user could be held liable for losses incurred to Hardware Mart or another user or Site visitor due to unauthorised use of their password or account as a consequence of their failing to keep their account information secure and confidential.
Conditions of Trade
Ordering Policies
All goods are the property of Hardware Mart until paid in full.
All goods can be ordered online.
Please retain invoice as proof of purchase.
We do offer a pick up service for some products. Please contact us regarding this.
Orders can be cancelled if not processed or paid for.
Non-stock items will be placed on backorder with our suppliers if the item is available.
Payment Policies
Orders are not processed until it is accepted and approved. Orders must be prepaid in full.
Payment Methods:
PayPal using verified PayPal account.
PayPal (using credit card) for customers not registered with PayPal.
Telegraphic Transfer for international customers in USD.
Telegraphic Transfer for international customers in AUD.
Credit Card via PayPal (registered or non-registered)
Credit Card offline
C.O.D.
Bank Deposit
Cash
Pricing Policies
Prices are subject to the availability of components.
All prices are quoted in AUD and are inclusive of all taxes.
Hardware Mart reserves the right to make changes and corrections to list prices without notice due to errors.
Return Policies
Under Australian Consumer Law the customer has the legal right to obtain a refund or replacement for purchased products if the products are found to be faulty, not fit for purpose, or do no match description.
Hardware Mart reserves the right to reject a return, refund or warranty claim if the consumer has:
Changed their mind.
Caused accidental damage through misuse.
Purchased an incorrect product.
Not provided proof of purchase.
Not returned the product in original packaging.
In some circumstances we can offer our customers a return or exchange product provided:
The customer notifies Hardware Mart within SEVEN DAYS of receipt of delivery of the products.
The retail packaging has been unopened and is in original condition.
The customer accepts a restocking fee of 5% of the purchase price.
Loss or Damage in Transit
All orders are shipped to our customers FOB (Free On Board) shipping point, meaning title to the product(s) and risk of loss is transferred to the customer upon delivery to the carrier. Unless the goods are insured with carrier, the liability of loss or damage in transit lies with the customer.
Warranties
All new products are sold with their standard manufacturer warranties. Please consult manufacturer documentation for their warranty terms and conditions. Hardware Mart is not a manufacturer or authorised service centre, therefore it is recommended that customers contact the manufacturer's product support before returning the product to us for a warranty claim.
For RTB (Return to Base) manufacturer warranty claims customers should contact Hardware Mart via email or phone in the first instance. We will then process an RMA or RA (Reurn Authorisation) with the distributor or manufacturer on their behalf and advise the shipping details to the customer.
For manufacturer warranty claims, customers are recommended to contact the manufacturer for technical and warranty support, to lodge warranty claims. Please consult manufacturer documentation regarding support and warranty.
The manufacturer warranty is deemed void if the product seal is tampered with or removed.
The manufacturer warranty is deemed void if the product has been physically damaged.
The manufacturer's warranty does not cover damage to other equipment used in conjunction with these products.
The product must be returned with proof of purchase.
The manufacturer warranty does not cover item operating outside normal operating conditions.
The manufacturer warranty does not cover damage caused in transit.
Limited Warranties
Products that have been re-worked or repaired can be sold with limited warranties.
Condition
Products can be sold in the following condition(s):
Brand New:
A brand new, unused, unopened, undamaged item in it's original packaging (if applicable). Packaging should be identical to what is in a retail store, unless it is OEM packaging (non-retail), such as a non-marked box or plastic bag.
New Never Used:
A new unused item with no signs of wear. The item may be missing from the original packaging but not sealed.
Manufacturer Refurbished:
The item has been professionally restored to working order by a manufacturer of their approved vendor. This means that the product has been inspected, cleaned and repaired to meet manufacrturer specifications, and is in excellent condition. The item may or may not be in the original packaging.
Seller Refurbished:
An item has been restored to working order by the reseller or a third party vendor not approved by the manufacturer. This means thet the product has been inspected, cleaned and repaired to meet manufacturer specifications, and is in excellent condition. The item may or may not be in the original packaging.
Used:
An item has been used previously. The item may have some signs of cosmetic wear, but is fully operational and functions as intended. The item may be a floor model, ex-demo, store return that has been used.
For Parts or Not Working:
An item does not function as intended and is not fully operational. This includes items that are defective in ways that render them difficult to use, items that require service or repair, or items missing essential components.
DOA:
Dead on Arrival items are not functional.
Trademarks
All trademarks, service marks and trade names of Hardware Mart used in the site are trademarks or registered trademarks of Hardware Mart.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Hardware Mart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Hardware Mart does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Hardware Mart does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Hardware Mart shall not be liable for any special or consequential damage that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Hardware Mart has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not be applicable.
Typographical Errors
In the event a product is mistakenly listed at an incorrect price Hardware Mart reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Hardware Mart reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order cancelled, Hardware Mart shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hardware Mart without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Hardware Mart may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you provided to Hardware Mart.
Disclaimer
Hardware Mart merchant operations are based in Australia.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase Hardware Mart products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Hardware Mart products) must be commenced within one (1) year after the claim or cause of action arises. Hardware Mart's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hardware Mart may assign its rights and duties under this Agreement to any party at any time without notice to you.