Terms & Conditions of Business

FUDACHI.COM PTY LTD

 

We are FuDaChi.com Pty Ltd (ABN 48 101 214 297). You are our customer or potential customer. These Terms and Conditions of Business (“Terms”) are the only terms and conditions on which we are willing to trade with you. If you wish to trade with us you must first agree these Terms. Any variation to these Terms must be in writing and approved by us.

 

1.     Your Acknowledgement

You acknowledge agreement with these Terms by the placement of any order to purchase product from us. All goods are supplied on these Terms only. Previous dealings shall not vary or negate these Terms in any respect. 

 

2.     Warranty

Subject to the Australian Consumer Law, all products sold by us are generally only covered by the manufacturer’s warranty that accompanies the products. Most products come with a manufacturer’s 1-year Return-To-Base Warranty. You should refer to product manuals enclosed with your purchased product. 

We make no additional or independent warranty. We do not warrant the performance, compatibility, integrity, merchantability and fitness for a particular purpose of any product, but simply pass on to you the end-user warranty provided by the manufacturers or software publishers with their respective products. 

Where we do accept products for repair under warranty, we cover parts and labour. Warranty repairs usually take 4 – 6 weeks to complete. 

Due to restrictions placed upon us by manufacturers, hardware that is defective on arrival can generally be exchanged if we are notified within 7 calendar days of the invoice date. Otherwise, the manufacturer's warranty process must be followed by you.  

Warranties on ex-demo products are limited to 1 month after purchase due to the fact they are pre-used goods. 

The policies and conditions of manufacturers and software publishers may be varied from time to time without notice. 

Proof of purchase is required for any warranty claim. 

Excluded from warranty cover are: faults resulting from lack of maintenance, inadequate servicing, misuse, neglect, accidental damage, liquid spills, the effects of heat or fire, vandalism, theft, environmental conditions, dirt, dust, rodents or insects; cosmetic or superficial damage to casings after purchase; reloading operating systems, software and reformatting and recovery of data; damage caused by power surges or other causes covered by normal contents insurance; and consumables that by their nature have limited lifespans (e.g. ink cartridges, batteries, fuses, etc).

 

3.     Return or Exchange of Goods

Subject to the Australian Consumer Law, we will gladly refund or give credit for faulty goods provided that we are notified within 7 calendar days of the fault first becoming apparent to you and provided our technicians confirm the existence of the fault. Otherwise, we will only try to arrange an exchange for you with the manufacturer. 

We reserve the right to refuse a return simply for change of mind or circumstances. Return or exchange of computer hardware and peripherals, unless faulty, is usually not possible due to third party constraints on us. 

Unless the goods are faulty, we may not be able to accept the return or exchange due to copyright and licensing restrictions where the plastic seal or shrink wrap of packaging is broken.

Where goods are not faulty, the right of refusal for the return or exchange of products is at our sole discretion. A restocking fee of up to 25% will be charged on all returned goods which are not faulty and which are nevertheless accepted by us for return. 

There will be no credit given on orders due to price differences with other suppliers or due to subsequent price reductions by us. Please shop around and select carefully at the time when you place your order. 

Any discrepancy in your order or any incorrect, missing or damaged items received by you must be notified to us in writing within 7 calendar days of you receiving delivery. 

Refunds for some items will be at the current market price - not at the original purchase price. This is due to rapid depreciation of the cost of computer parts. 

Returned toner and laser cartridges must have a sample of the print or credit will be denied. Without this we are unable to process the return to the vendor of the product. 

Defective products must be returned in original cartons and with all original parts, packing materials, relevant manuals and cables and accompanied by a copy of the relevant invoice.  Once returned, defective items will be inspected and assessed for credit. Some items will need to be sent away to their manufacturers for assessment and will only be credited upon approval from the manufacturer. You may have to re-order for a replacement. 

All claims for shortages or claims for damaged goods will only be accepted if made within 7 calendar days from the date of delivery to you. If a product has been refilled, re-manufactured or tampered with in any way the claim will be rejected and sent back to you at your expense. 

All returns of incorrectly invoiced stock items must be returned unopened and in new condition with no writing, any form of labels or marking on them, otherwise credit will be denied and the stock returned to you at your expense. 

Freight on returns will not be paid for by us unless the order has been wrongly fulfilled or the goods are faulty.

 

4.     Delivery of Goods

We place great importance on the fast and reliable delivery of your orders but delivery times are estimates only and we shall not be liable for delays. 

If you fail or refuse to take delivery of the goods, then in addition to all our other rights and remedies, you shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by us as a result thereof and we, at our discretion may charge a restocking fee of up to 25% of the purchase price. Anyone at the delivery address given by you who receives the goods will be presumed by us to be authorised to receive the goods. Once the goods are delivered to you, you will legally own them (provided you have made full payment for the goods) and it is your responsibility if they are lost or damaged after delivery. 

The goods shall be at your risk at the point of delivery. Upon taking delivery of the goods, you must immediately examine the goods and give written notice to us of any defect within 7 calendar days of such date. Failing this, the goods shall be deemed to have been delivered in good order and condition and accepted by you.

 

5.     Ordering Goods

Any order placed by you with us is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified by us at the time you place your order. You acknowledge that, by placing your order, you agree to pay for and accept delivery of the goods ordered unless you ask us to cancel that order and we send you written confirmation of the cancellation prior to the goods being dispatched to you. 

We reserve the right to restrict sales to retail quantities when supplying resellers and distributors. 

For each order, you must pay the applicable price for the relevant goods confirmed by us and the delivery and handling fee specified by us at that time. 

Where a deposit is paid by you and the balance of the order price is not paid within 30 days of the order, the deposit shall not be refunded but may be applied at our sole discretion to another purchase by you. 

Products stored or left at our premises for more than 30 days, unless accepted by us for repair under warranty, may be disposed of by us without further notice to you and no compensation shall be payable by us to the owner. 

We aim to include up-to-date pictures of all of the goods on this web site. However, our picture of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods.

 

6.     Disclaimer of Liability

To the extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: the use, copying, or display of the contents of this site; goods or services supplied by us under these Terms; or a failure or omission on our part to comply with obligations under these Terms.

 

7.     Title of Goods

The goods shall remain our sole and absolute property as legal and equitable owner and you shall hold such goods as bailee only until such time as you shall have paid the full price. You shall be liable to us in respect of any loss or damage to the goods during such bailment.

 

8.     Uncollected Goods

We will contact you by email and/or in writing to your residential address notify you that your goods are ready for collection (date of notification). You will be given 3 months from the date of notification to collect your goods. If you fail to collect your goods and pay all amounts due to us within 3 months, we may dispose of the goods at any time thereafter without liability to you. We may deduct from any disposal proceeds any amounts due to us (including but not limited to any costs of repairing, maintaining and storing your goods) and any surplus remaining will be dealt with in accordance with the law. If the disposal proceeds are insufficient to pay for any amounts due to us by you, we reserve the right to pursue such monies against you in accordance with the law.

 

9.     Payment

The price shall be paid by you in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay in delivering any part of the goods) on or before the payment date. 

Payments must be paid in full and funds must be fully cleared before title of the goods passes to the customer. 

Payment options are direct deposit, PayPal, direct Internet transfer, credit card (VISA/MARSTERCARD/AMEX), bank cheque or business cheque. Credit card payments exceeding $300 may require 100 points proof of ID. Credit card payments will attract a surcharge if levied by the card issuer (usually 3% of payment amount). 

In addition to any other rights or remedies in the event of your default hereunder, we shall be entitled: to charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonor fees, interest at ten per cent (10%) per annum from the due date for payment until payment in full; to immediately and without notice retake possession of the goods (and for such purpose you irrevocably license us, our employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after 7 calendar days written notice to you and thereafter recover from you any amount by which the resale price is less than the price agreed to be paid by you, together with all costs and expenses suffered or incurred by us as a result of your default; and to charge a restocking fee of up to 25% of the purchase price.

 

10.  Pricing Policy

All prices are in Australian dollars and exclude GST unless specified to be inclusive of GST We have priced all our products competitively to try to ensure customers get the best possible prices at all times. You can ask us to do any genuine price match. We reserve the right to refuse price matching if the price is under our cost price. Our prices are subject to change without prior notice but will not change once an order has been placed and accepted by us at a specified price unless due to an error or price increase by a supplier to us. 

We may change the prices published in our stores and on this website at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the website, we reserve the right to accept or reject your offer for any reason including without limitation the unavailability of any product, an error in the price or the product description published by us, or an error in your order. We may require additional verification or information before accepting any order. 

We may also vary prices in the event of price changes or mistakes made by suppliers. If we request payment for increased prices, you may cancel the order by giving notice to us in writing. Written notice of cancellation of an order by you must be received within 7 calendar days of the publication of the price error or price increase.

 

11.  Errors and Omissions

We work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. supplier price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure accuracy, however the documents and graphics published may contain technical inaccuracies or typographical errors. We make no representations about the suitability of this information. It is provided "as is" without further warranty by us of any kind. If an error is made or a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed.

 

12.  Limitation of Liability

We shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if we have been advised of the possibility of such damages. You alone are responsible for backing up any valuable data and information. The maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not exceeding the purchase price of the product. 

Subject to the Australian Consumer Law and any other applicable Commonwealth or State legislation, our liability for any such breach shall be limited, at our sole discretion, to any of the following: replacement of the goods or any part thereof; supply of equivalent goods or any part thereof; repair of the goods or any part thereof; payment of the cost of replacing the goods or acquiring equivalent goods or any part thereof; payment of the cost of having the goods or any part thereof repaired; or refund of the goods upon return.

 

13.  Cancellation Policy

You must send all cancellation requests to our sales email address or fax to us. Except for a “special order” or an order manufactured or assembled to your specification, an order may be cancelled before it has left our warehouse with no cancellation fee. A "special order" is an order for goods that are not in stock at the time of an order and therefore especially ordered by us from a third party to satisfy your order. If the order has left our warehouse, we reserve the right to charge a restocking fee up to 25% of the order price and a fee to cover delivery costs.

 

14.  Protecting Your Username and Password

If we offer you and you accept from us online services you agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorized person. You agree to release and indemnify us in connection with any use (whether authorized or unauthorized) of your user name or password. At our sole discretion, we may suspend or cancel your account at any time without prior notice.

 

15.  Privacy Policy

We are committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalised shopping experience. 

When you order, we need to know your name, e-mail address and shipping address. This allows us to process and fulfil your order and to notify you of your order status. 

We also monitor customer traffic patterns and site usage to help us develop the design and layout of our real property and online stores. 

We may also use the information we collect to occasionally notify you of relevant news, about important functionality changes to our website and of special offers that we think you will find valuable. 

When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorised access. 

"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personal identifying information, but they do enable us to provide features such as automatic member recognition allowing you to store items in your shopping basket between visits. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you will still be able to use most of the features in our store, including placing items in a shopping basket. 

We are committed to protecting your privacy. 

We use the information we collect on the site to make online shopping easier and to enhance your overall shopping experience. 

By visiting our stores or using our website, you consent to the collection and use of this information by us. If we decide to change our privacy policy, we will notify those changes on our website and in our stores.

 

16.  Unlawful Terms

In the event that any part of these Terms is deemed unlawful or unenforceable, that part shall be severed from the Terms, and the remaining Terms shall continue in full force and effect.

 

17.  Jurisdiction

All sales shall be deemed made in Australia, regardless of your location. You agree that any claim or dispute by you with us shall be brought by you exclusively in the courts of the relevant State or Commonwealth of Australia. 

 

18.  Changes to these Terms

We may revise or amend these Terms at any time at our sole discretion but shall post all revisions to these Terms on our website and in our stores a reasonable time in advance. You agree that, in the event that any portion of these Terms is found to be unenforceable, the remainder of these Terms remain in full force and effect. Any revisions will be effective after posting. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms as revised. It is your responsibility to read and understand these Terms each time an order is placed.