Terms and Conditions
This Agreement outlines the terms and conditions that govern your use of our services, it is recommended that buyers carefully read all Terms and Conditions. In these Terms and Conditions "we" “our” and "us" refers to All Buys Pty Limited ACN 122 464 779, "you" refers to the purchaser/customer. These Terms and Conditions together with your order request, constitute the entire agreement between All Buys Pty and you for the supply of Products, no other Terms and Conditions will apply. The Agreement cannot be varied unless we agree to vary it in writing. Your purchase order indicates your unconditional acceptance of all terms and conditions.
PLEASE NOTE: SHIPPING MAY TAKE UP TO 14 WORKING DAYS TO PROCESS
Australian Purchasers Only
We are an Australian company selling and shipping products only within Australia, we will not ship products outside of Australia.
Please check your legal capacity to use our services
If you are under the age of eighteen (18) you cannot place sales with All Buys. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18). Should All Buys suffer any damage or other loss as a result of a purchase order entered into by a minor, All Buys reserves the right to seek redress for such losses from the parent(s) or guardian(s) of the minor who caused any offending order(s) to be placed with All Buys.
Refunds will only be provided when replacement goods cannot be supplied
It is the customer's responsibility to return to our retail shop to request Return Merchandise Authority and/or replacement. Postage for Return Merchandise Authority and/or replacement is paid for the customer.
For Dead On Arrival (DOA) stock we must be contacted within 7 days from purchase date, DOA stock cannot be due to physical damage caused during freight or misuse, stock must be in original packaging. Postage is paid for by the customer both ways on returned items, otherwise reply paid envelopes must be sent by customers claiming warranty for all items. Customers must check their packages upon receiving by Couriers for any damage caused and prior to signing for the delivery, otherwise claims on damaged items will be denied. A $50.00 Surcharge plus postage back to customers will apply for time and materials used on any warranty related items that are found to be in working conditions. If you require registered postage or insurance on your order then you must let us know via email so we can adjust the total of your order accordingly (extra surcharge will apply to your order). There is one week warranty period on any demo items sold, as some might be missing some parts, check listings for further details. Although a refund cannot be given as per the above mentioned conditions, in some cases we agree to refund the purchase less the postage if a 20% re-stocking fee is paid by the customer and item must be returned un-opened and in perfect re-sellable condition.
All Buys advertised prices
All Buys reserves the right to change the advertised prices of products displayed at any time and always attempts to make products available at the most competitive prices.
No recourse on computer hardware - Exclusions and Limitations
All Buys is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products. Recovery and reinstallation of system and application software and user data are not covered under any All Buys warranty. In relation to any computing media product, or any computing hardware product or computing part contained within a product, All Buys will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory. Including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with products supplied to you by All Buys, and/or any failure to maintain the confidentiality of data stored on the product. All Buys specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing product needs to be returned to All Buys for replacement or a refund, All Buys will in no manner whatsoever be responsible for any data you may leave on the computing product.
We disclose our liability
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind whatsoever arising and whether caused by tort (including negligence), breach of agreement or otherwise.
Our maximum summative liability for any product supplied to you whether in contract, agreement, and tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
Protection of your data and use
By placing your order, you agree that we may store, process and use data collected from your order form for the purposes of processing your order. If you so indicate on the appropriate section of your order form, by placing your order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other All Buys products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other All Buys products, you should indicate your non-agreement on the appropriate section of your order form. You may obtain a copy of the 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 to our Privacy Statement.
Help us minimize credit card fraud
Whilst All Buys employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, All Buys will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of All Buys. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in All Buys for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, to the option for All Buys to replacement of the Product(s) or the re-supply of the same Product(s). Neither our failure nor your failure to enforce any 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. All Buys reserves the right to change the Terms and Conditions of sale at any time. No All Buys employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
All Buys 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 the reasonable control of All Buys. Further, All Buys shall be entitled to a reasonable extension of time for the performance of such obligations.
Legal Stuff Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
Anti bark collar legislation
Law in Australia relating to the use of ‘static’ correction or electronic anti barks collars varies from state to state; all other types of anti bark collars are legal in all states. The success rate for these anti bark collars is extremely high; however, you must be aware of the regulations as they relate to your state and where applicable, obtain permission to use these types of anti bark collar.
All Buys acknowledges that our customers value their privacy and want their personal information kept secure.
Privacy and Security
The National Privacy Principles
All Buys uphold and comply with the National Privacy Principles, as provided in the Federal Privacy Act 1988.
The Personal Information Collected About You
At All Buys we only collect personal information that is necessary for us to conduct our business as an online provider of goods. The personal information we collect will include information you give us when you place an order for the purchase of a product we supply. We may collect personal information about individuals, this personal information will include your name, address and contact details, and may include other personal information we collect in the course of a transaction. We may also collect some information from you when you use our website www.allbuys.com.au. Your use of the information and services available through our website will determine the type of information that we collect about you. The only personal information that we collect about you when you use our website is what you tell us about yourself. Please note, we will record your email address if you send us an email.
What we do with Your Personal Information - Using and Disclosing
All Buys respects your privacy. Any personal information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our business as suppliers of products.
Please be assured we will not disclose information about you unless the disclosure is required or authorized by law, you have consented to our disclosing the information about you, or for another purpose (related to the primary purpose of collecting that information) that you would reasonably expect.
We may also use your personal information to provide you with information about other services offered by us. However, the only information that you must provide is your name and payment details (where applicable). If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
You have Access to Your Personal Information
In most cases you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the National Privacy Principles.
In some cases, we may refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful (e.g., where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients); have an unreasonable impact on other people's privacy; prejudice an investigation of unlawful activity.
Please Correct Your Personal Information
If you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
How we Secure and Store Your Personal Information
We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorized use or alteration.
In our business, personal information may be stored both electronically (on our computer system). Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information.
What Eventually Happens with your Personal Information - Disposal
Once your transaction is finalized, the electronic information is securely archived. After a period of 7 years the electronic information is destroyed.
If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au
All Buys uses the so called Double opt-in option for both subscribing and un-subscribing which simply means that the submitted address is not immediately added/removed to/from the mailing list. Instead an email is first sent to the email address, requesting confirmation. The recipient can confirm the request by replying to the confirmation message. The email address is only added to the mailing list, if the recipient responds to the confirmation email. After adding the new member the program sends an auto responder - welcome message. The confirmation process is failsafe and very simple. All the new member has to do is to click "Reply" and "Send". We take extra care in managing newsletter un-subscription, but it could take up to 3 working days to process your "unsubscribe" request due to technical reasons, therefore although it's quite unlikely but at the same time possible for you to receive a newsletter even after you have submitted the "unsubscribe" request.