Your Rights To Return A Product
No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
Dead On Arrival Products - "DOA"
A Family Deals Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
A Family Deals Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be provided.
Where Family Deals has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Family Deals.
If the Product is deemed by Customer Services NOT to be DOA, Family Deals may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
Family Deals reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Family Deals will impose a $25 handling and administration fee.
Product Problems After Delivery
If your item arrives DOA (Dead On Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, Family Deals will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same Warranty as the returned Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products can not be returned without a RAN. The Product should be returned to Family Deals within 30 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
Where you received a DOA Product by Australia Post, Customer Service will email you a PDF docket containing a RAN which you must affix to the Product. You must then lodge the Product at any Australia Post Office for the return.
Where you have received a DOA Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
When a Replacement Product is arranged
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
The delivery time for the replacement Product will be the same as stated for the original DOA Product.
Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged
Refunds include all shipping and associated costs for the DOA Product.
No refund will be given to you until Family Deals has received the DOA Product from you.
Refunds will be issued by cheque or credit to a nominated account.
Your refund will be the amount you paid for the items that are being returned. Refunds are not provided on the shipping costs associated with your order UNLESS the products are DOA. Where items had free delivery the actual shipping costs will also be deducted from refund. Family Deals reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, Family Deals will impose a $25 handling and administration fee.
Some Products - Manufacturer Only Warranty
Some Products sold through Family Deals are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.
For items advertised and sold with manufacturer’s warranty, we would ask you to contact the manufacturer or supplier in the first instance for replacement or repair under the warranty terms. If the manufacturer is unable to comply, Family Deals will replace the item or issue a refund of your purchase price for that item.
Computer Hardware - Exclusions and Limitations
Family Deals 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 Family Deals warranty.
In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, Family Deals 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 Family Deals Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. Family Deals 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 Family Deals for replacement or a refund, Family Deals will in no manner whatsoever be responsible for any data you may leave on the computing Product.
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 howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, 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.
Your Data - Use And Protection
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 Family Deals 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 Family Deals 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.
Credit Card Fraud
Whilst Family Deals employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers through Paypal, Family Deals 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 unauthorised manner.
General
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 Family Deals. Any unauthorised 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 Family Deals for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Family Deals, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent 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.
Family Deals reserves the right to change the Terms and Conditions of sale at any time.
No Family Deals employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
Family Deals 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 Family Deals then Family Deals shall be entitled to a reasonable extension of time for the performance of such obligations.
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.