Trading Terms & Conditions
The following document outlines information that governs the use of ourwebsite and the terms of trading with Us (Phil’s Computer Supplies(Aust.) Pty Ltd).
We have endeavoured and will continue to endeavour to make your purchasing experience to be as pleasant as possible.
1. Terms used in this document
2. Website usage information
3. Purchasing information
4. Placing/Cancelling orders
5. Accepted payment types
6. Warranty information
7. Returns policy
8. Refunds policy
9. Delivery & pickup information
10. Additional clauses
1. Terms used in this document
a. ‘Our website’, ‘This website’ & ‘The website’ will all refer to the Phil’s Computer Supplies (Aust.) Pty Ltd.’s at www.philcomp.com.au
b. ‘Us’, ‘Our’ & ‘We’ refers to Phil’s Computer Supplies (Aust.) Pty Ltd.
c. ‘Customer(s)’ refers to any individual, business, organisation &/or entity who views Our website &/or completes a transaction with Us
d. ‘Registered user’ refers to a Customer who has registered on Our website their Customer details & issued a unique username/password
e. ‘Guest user’ refers to a user who has not entered a username/login sequence into our Login section & clicked the Login button to navigate Our website as a registered user.
f. ‘Laptop(s)’ are assumed to be the same as portable notebook(s) computers.
g. ‘Computer system’ will refer to an assembled computer including only the CPU (main processor), motherboard, RAM/memory, optical drive, floppy disk drive, external enclosure/case/chassis, graphics card, monitor, keyboard & mouse.
2. Website usage information
a. Product & service information:
i. Provided via Our website or communicated to the customer by other mediums will be as accurate as possible. We take due care in providing the information & provide it on an informative basis but human error is remotely possible & may possibly even originate from the manufacturer. We recommend the customer consult other sources such as the manufacturer’s website for confirmation or to request Us to confirm your queries. Where discrepancies are found, please inform Us and We will rectify & clarify the issue.
ii. Actual product images are used to illustrate the intended product but in few instances, a similar product may be used for illustration purposes. This will be specified in the product descriptions.
iii. Not all products listed on Our website will be in stock. Where a Customer places an order for a product that has an extended lead time, they will be notified via their registered email address.
b. Prices provided on Our website:
i. May be different to the price quoted over the phone, via email or in-store. This is due to the fact that Our website is designed to be a self-serve kiosk. It is Our way of providing an avenue for Our Customers to purchase Our products & services at a more affordable price.
ii. Require immediate payment via Our website, over the phone, via email or upon pick up. (please see our Accepted payment types & Purchasing information for further information)
iii. Do not include the credit card service charge. (please see our Accepted payment types for further information)
iv. Prices quoted on Our website are quoted inclusive of the Australian GST (Goods & Services Tax). Quotations for business customers may be quoted exclusive of GST and will be clearly specified if it is.
v. Will be as accurate as possible. We reserve the right not to sell any product or service under Our cost price. Since all orders placed will be confirmed prior to payment authorisation, We may regretfully cancel the order & recommend alternative products or likewise, the Customer will be allowed to cancel the order. Computer parts & peripheral prices are known to fluctuate as frequently as daily but We endeavour to update the online prices as soon as a price update comes to Our attention.
i. Whilst navigating Our website as a Guest user, no information will be collected by Us. However, if a Guest user wishes to make a purchase on Our website, they will be required to provide certain details which we will need to store for internal accounting/sales purposes only.
ii. Personal details collected from Registered users will not be issued to any third party. This information is strictly & solely used for Our internal sales/ordering/accounting purposes only. We do Our own marketing & hence no marketing entity will gain access to these details.
iii. We may provide these details to any Authority of the State, debt collecting agency or our legal representatives for certain circumstances such as to retrieve products where ownership has not yet transferred to the Customer or to collect any outstanding monies.
iv. It is the responsibility of the Customer to maintain the confidentiality of their login details & accessibility to their account. By becoming a Registered user, the Customer agrees to accept full responsibility for all activities that occur with the account. We reserve the right to cancel or suspend Customer accounts at any time without prior notice if there is cause to do so.
d. Guest users:
i. May purchase products & services. You do not have to be a Registered user to purchase on Our website but there are attractive benefits to become a Registered user.
3. Purchasing information
a. Choosing the right product or service:
i. Please ensure that the products &/or services chosen suit the required needs. We have a very strict returns/exchange policy as We aim to minimise any inconveniences, unnecessary expenses & wasted time due to incorrect purchases. We more than welcome Customer enquiries & are more than happy to give Our Customers advice. (please see our Returns/Exchange policy for further information)
ii. Product incompatibilities can be a potential issue. It is the responsibility of the Customer to determine whether there will be any compatibility issues with any of their related hardware/software. Please contact us for advice on where to find this information.
b. Accepted purchase methods:
i. We accept orders via Our website, over the phone, via email & via fax
ii. Company/Business orders that have a non-C.O.D. account must provide a copy of their purchase order before pickup/delivery.
iii. Some products may only be available via Our website & some may not be available on Our website.
c. Completed transactions:
i. The purchase will be considered as complete & finalised when the Customer’s full payment has been received & the goods have been shipped out.
d. Ownership of goods:
i. Legal ownership of the goods in question will remain Our’s until full payment has been received & cleared by Us & only then will the goods become the property of the Customer.
4. Placing/Cancelling orders
a. Placing orders:
i. Acceptable purchase methods are outlined in 3.b
ii. Once an order is placed, the order will be subject to confirmation & acceptance by Us.
b. Cancelling orders:
i. An order may be cancelled without a cancellation fee provided that:
1. The goods have not been shipped out; &
2. The goods are not special order items
ii. An order may be cancelled though a cancellation fee that includes shipping to & from the customer if (our Returns Policy also applies see section 7):
1. The goods are not special order items; &
2. The goods have been shipped out
iii. An order cannot be cancelled if:
1. The goods involved are special order items; &/or
2. The goods have been shipped out; or
3. The goods did not arrive by a specific time as standard delivery services are
iv. Orders made can be cancelled by contacting Us by phone, email or fax but we highly recommend a phone call as this is the quickest & surest method of ensuring the cancellation is made immediately - but is still subject to the criteria listed in 4.b.i to 4.b.iii.
5. Accepted payment types
a. We accept any Visa or Master card credit cards
i. Payments made by credit cards will attract a service charge & will be a percentage as calculated from the tax invoice total. This is unfortunately a charge that arises from financial institutions allowing Us to accept credit cards. The rate at the time of publishing this document (May 2006) is 1.5%.
ii. We may at times request to site personal identification to verify the Customer’s identity. This is done to help us & the Customer minimise fraud.
iii. Acceptable identification are: Driver’s licence, Keypass, Senior’s card, Passport or health care card
b. We accept EFTPOS payments
i. EFTPOS payments can only be done at Our store
c. We accept bank deposits & electronic transfers
i. Bank: NAB
Account name: Phil’s Computer Supplies (Aust.) Pty Ltd.
ii. We require that the Customer indicate the order number in the description field so We can easily identify payment which will facilitate quicker order processing
d. We accept cheque payments for products only & not for services.
i. Products purchased by cheques will not be released until the cheque has been cleared in Our bank account – this may take between 3-5 business days
ii. Cheques should be made payable to Phil’s Computer Supplies (Aust.) P/L
6. Warranty information
For any warranty claim, We require proof of purchase to be provided. We do try and track all serial numbers for products but this is merely provided as an additional service for Our Customers. Some products may not have a serial number or may not have the serial number marked on the outer side of the packaging and consequently, We are not able to record it.
a. Peripherals & parts (i.e. modems, memory items, printers etc.)
i. All new goods We sell include a 12 month from original receipt (tax invoice) warranty against product defects as deemed by the manufacturer. The product must be returned to Us for assessment before it is deemed that the product will or will not be repaired or replaced under warranty.
ii. Items such as monitors & laptops commonly include more than 12 months warranty (usually 36 months) & may also be an on-site service. This means that the Customer will need to contact the applicable warranty service phone number which is usually found on the product’s warranty card or manufacturer’s website. These products do not need to be bought back to Us nor do we need to be notified.
iii. Some peripherals may have a manufacturer’s replacement warranty in which the Customer will be required to contact the appropriate manufacturer or authorised service agent to organise a warranty replacement.
iv. Some products may no longer be available & may not be replaceable with the exact same unit or may have an extended lead time to have repaired/replaced. In these circumstances, we will offer the Customer a similar unit (with preference for the same brand) with at least the same features as determined by Us. We may also offer an upgrade at the time.
b. Computer systems
i. Most of the computer systems that we assemble & sell will have a return-to-base (return-to-Us) warranty. The length of the warranty is specified in the product descriptions. There may be optional warranty upgrades to extend the length & type (i.e. on-site). Customers are advised to ask Us about the available options if a warranty upgrade is to be considered.
ii. Branded computer systems include a minimum of 12 months warranty but the type & length will vary according to the model.
c. Service & repairs
i. Whilst the Customer’s equipment is at Our premises for any reason, we will not be liable for any loss of data that may occur. Highly experienced technicians work on service & repair jobs & due diligence will be taken but human errors cannot be totally discounted. Not only is there a human factor, but in extreme & unusual circumstances, products may become faulty whilst in our possession. For these reasons, we cannot warrant loss of data & products that become faulty in our possession.
d. Original spare parts for computer systems & laptops
i. All original spare parts ordered on behalf of the Customer will have a minimum of 30 days warranty. Some will have 60, 90 or up to 180 days. Customers concerned with the length of the warranty are advised to clarify the length before placing an order with Us. This is dependent on the type of part & manufacturer/distributor.
e. Warranty coverage
Our warranty policy is structured to follow the policies as set out by the manufacturer’s & are consequently limited to them.
i. A product will be repaired/replaced under warranty if:
1. The product is returned within the set warranty period
2. The fault has arisen from normal working conditions
3. The product has been manufactured with bad workmanship
ii. A product will not be repaired/replaced under warranty if:
1. The product has been returned to Us after the warranty period
2. The product has been modified or altered in any way
3. There are signs of physical damage
4. The product is used for a purpose other than that in which it is intended for
5. The fault has arisen due to power surges, acts of God & natural disasters
6. Warranty labels & serial number labels are removed or are unreadable
7. Proof of purchase cannot be provided when requested
8. Inappropriate shipping methods & insufficient packaging has caused further implications
iii. Our warranties do not cover software related issues such as virus & other malicious software issues
iv. Warranties do not cover other equipment that may be used in conjunction with the product
f. Charges that may arise
i. Where a product has been returned to have a fault rectified but We are not able to replicate the same fault, We reserve the right to charge the Customer a service fee of $33 including GST to cover the labour costs involved in determining the fault. We strongly advise Customers to ask Us for advice on how to be sure the product is faulty before returning it to Us to minimise any inconveniences.
ii. All shipping costs for products to be returned to Us & returned back to the Customer will be borne by the Customer.
iii. Where a product is returned to be repaired under warranty but in fact it is not claimable under warranty, Our technicians may repair the product but this will be a charged service at our standard service/repair rates.
i. Software does not have a warranty as such. Software is sold on the basis that it is non returnable but online help & troubleshooting is available from all software vendors. Some vendors will offer phone-based support but may not be free of charge. Please enquire with the relevant software vendor.
h. Miscellaneous warranty information
i. When goods have either been repaired or replaced, this does not renew the warranty period. The warranty period commences from the date the products was originally purchased & this commencement date does not change.
ii. Warranty repairs or replacement may not be with brand new parts. They will be of functionally equivalent reconditioned parts.
iii. Dead on arrival (DOA) products (to be checked by our technicians) are eligible for exchanges with our current stock. To be classified as DOA, they must be reported within 7 days of purchase.
i. Estimated turnaround time
i. Unfortunately, some warranty repairs/replacements for products can take some time. Customers need to understand the time and processes involved with warranty claims include: Our testing, shipping to distributor, their testing, shipping to manufacturer (in rare cases), shipping back to us. It does help though if there is positive stock reserves for warranty claims at distributors. We understand that it can be very inconvenient but the process cannot be changed. Hence warranty claims can be turned around within 1 week or even up to 4 weeks.
7. Returns policy
Our returns policy strictly adheres to the implied conditions set by law under the Fair Trading Act 1999 & the Trade Practices Act 1974. Should Customers have any queries regarding our policy, they should contact Us before making their purchase.
i. Products can be returned for a full refund only if:
1. The product does not perform to its stated purposes; &/or
2. You have been advised by Us that it has specific features/functionality when
it does not; &/or
3. We have sent you the wrong product (the product must not be opened); &
4. The item is returned within 7 days from the date of purchase; &
5. All included parts, accessories, documentation & original packaging are returned in a sellable condition as determined by Us
ii. Products will not be accepted for return if any of the following conditions are true:
1. The product is returned after 7 days from the date of purchase
2. The product has been physically damaged &/or it is not in a
3. The Customer has chosen & purchased the wrong product
4. The Customer has purchased another product from elsewhere
without their knowledge
5. The Customer simply does not want it anymore
6. The Customer cannot/does not know how to install or get the product to operate as it should
a. We have technicians who can help Customers with installation & operation issues
b. Where the product is not faulty, We are not legally obliged to give the Customer a refund under Victorian Laws
iii. Exceptions to section 7.a.ii: Depending on the nature of the product and its likelihood to be resold, We may choose to refund according to the below schedule (it is entirely at Our discretion whether We choose to exercise this exception):
1. The product is returned within 14 days
2. A 30% restocking fee of the original purchase value (excluding any
surcharges and delivery costs) will be subtracted for peripheral items such as printers & input devices
3. A 15% restocking fee for desktop computers, laptops/notebooks, parts, monitors & unopened software
iv. Where a return has been authorise, unfortunately delivery costs & credit card surcharges are not refundable as they are non-refundable expenses for services
i. Unfortunately, due to the nature of software, We cannot accept refunds for software once the packaging has been opened. It is the Customer’s responsibility to ensure that it is compatible with the computer it is intended to be used on. It is also the Customer’s responsibility to ensure the product sent is the correct one as ordered.
c. Special order items & items that are model/range specific
i. Products, parts & accessories that are specifically ordered for a Customer’s desktop, laptop computer or other peripheral can only be returned if the product is incorrectly supplied. Due to the nature & rarity of these items, manufacturers & distributors prohibit the return of these & consequently, We do not allow returns also.
d. Refunds method
i. Where a Customer has been authorised a refund, all refunds without exception, will be made via the same payment method used at point of sale. All refunds will be subject to the terms and conditions as per our Refunds Policy.
8. Refunds Policy
a. All refunds of monies will be made by the same way the order had been paid for. In some circumstances (i.e. large amounts of cash or orders paid for by direct deposit/internet transfer), We may choose to make the refund by cheque. This is at Our sole discrepancy.
b. Refunds for orders paid for by credit cards will have the funds refunded back to the same credit card.
9. Delivery & pickup information
i. Orders will not be released unless payment has been received & cleared.
ii. Goods will be shipped out from various locations that may include interstate fulfilment warehouses but most will be shipped out from Our store in Carlton Victoria.
iii. Where goods are in stock either at Our store or at our fulfilment warehouses, we aim to have them shipped out within 24-48 hours from your time of order. Customers will be notified at their registered email address when there is an extended lead time.
iv. Most deliveries whether it be local or interstate, We will use a courier service but in some scenarios, it may be Australia Post. It can depend on the nature of the goods & whether there is a special requirement for the goods to be delivered by a specific time.
v. Delivery times will vary but is usually overnight. Depending on stock availability, We can also arrange for same day delivery but this may attract a service charge. Please enquire before placing an order.
vi. All items delivered will require a signature. Please ensure that someone will be available to accept the delivery. Where a delivery is to be redelivered, there will be additional costs to be borne by the Customer. We assume that the person who receives & signs for the goods at the specified address will be authorised to receive it on the Customer’s behalf.
vii. Unless the goods are being delivered by regular post (via Australia Post), all deliveries can be tracked by its coupon number (or tracking ID) via the courier company’s website. This information will be contained within the email sent to confirm the processing of your order.
viii. Where We have confirmation from the courier or deliverer that the order had been delivered to the specified address, it will become the Customer’s responsibility to locate the order.
ix. Any incorrect, missing or damaged products delivered (or not delivered) must be reported to Us within 24 hours from the time of receipt. After this time, orders will continue to be subject to the Returns & Refunds policies outlined in Our Terms & Conditions.
x. Where incorrect products have been delivered, the Customer shall not open nor use the product & leave the packaging as is. Any attempt to use the incorrectly supplied products will be considered as the acceptance by the Customer for those products to be acceptable substitutes for the originally ordered products. Consequently, no further claims can be raised from then on.
xi. We do not ship orders to Post Office Boxes.
xii. Title of any extra products delivered in error remain that of Our’s.
i. Where the Customer has chosen to have their ordered goods picked up, they will need to check their order status first to ensure that the order has been processed and is ready for collection. We may also notify you via your nominated email address.
ii. For security and fraud prevention reasons, if someone other than the Customer who made the order is to pick up the goods, this person must be nominated during the order process. Their full name must be noted and they must bring photo ID (i.e. a driver’s licence, Keypass or passport). This ID will be copied and kept solely for proof of pick up purposes.
iii If the person picking up the goods was not nominated during the order process, the Customer will be contacted to verify that the person picking up the goods is authorised to do so on behalf of the Customer. They too will require photo ID as per section 9.b.ii.
v. It is the responsibility of the Customer to ensure that the goods picked up are the goods ordered.
10. Additional clauses
a. Any liability of Phil’s Computer Supplies (Aust.) Pty Ltd. in connection with products or services supplied to the Customer, will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation & to the maximum extent permitted by law, at the election of Us be limited to: in relation to products, the replacement of the products or the supply of functionally equivalent products; & in relation to services, the supply of the services again.
b. Each order placed with Us is governed by this Terms & Conditions document. This document may be amended at any time without prior notice. It is the Customer’s responsibility to ensure they are aware of the current Terms & Conditions at the time they wish to place an order with Us.
c. We reserve the right to amend Our website at any time without prior notice.
End of Terms & Conditions.