TERMS AND CONDITIONS
SUPERMEM Website Terms and Conditions
1. SUPERMEM Website Terms and Conditions of Sale “SUPERMEM” refers to the following corporate entities registered in Australia:
SUPERMEM Technology Pty. Ltd .
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and SUPERMEM. By placing an order for Goods or Services from SUPERMEM website www.SUPERMEM.com.au (“Website”), you agree to these Terms and Conditions. If you do not accept these terms, you must refrain from using this website or making a purchase from the Website.
2. Terms and Conditions of Use of this Website
2.1 SUPERMEM reserves the right to amend, update, remove these terms of sales, website functionality or stop/suspend the website operation to you from time to time without notice. Amended terms and conditions will be posted on the Website and will become effective immediately after posting. By continuing to use the Website after the revised and/or amended terms and conditions have been posted, you agree to be bound by the revised and/or amended terms and conditions. In the event any part of the Terms and Conditions is found to be unenforceable then you agree that they will be severed from the Terms and Conditions and the remainder of the Terms and Conditions will remain in full force and effect.
2.2 This website and contents are provided to you on the information may contain typographical errors, technical inaccuracies, price inaccuracies or other errors and may not be accurate, complete or current. We will highly appreciate if you report to us with any error or omission in any information via our customer feedback email address firstname.lastname@example.org
2.3 The photographs and colour of the Goods as shown on this Website are for illustrative purposes only and may vary from actual Goods depicted or described or received.
2.4 This Website may feature or display third party advertising or content, these third party content does not necessarily represent views of SUPERMEM, nor does SUPERMEM necessarily recommends or endorses the relevant advertiser and/or the advertised goods or services.
2.5 This Website may contain links to other websites or contents which are operated by third parties, these links are provided for your convenience and may not remain current or be maintained. SUPERMEM is not responsible for the contents or privacy practices associated with linked websites or implied endorsement for the operation of these linked websites. Please review carefully when you visit these linked websites.
2.6 SUPERMEM is not liable for any loss suffered by you in connection with the unavailability of this Website, either due to the unavailability in part of the functions of this Website, or in its entirety.
2.8 You understand and agree that SUPERMEM may refer any suspected illegal activity to appropriate law enforcement authorities.
2.9 SUPERMEM may not be liable for any loss caused by delays in performing any obligation if such delays are beyond reasonable control of SUPERMEM, such as failure of electricity supply, bank payment systems or postal deliveries.
2.10 The failure by SUPERMEM to exercise any right under these terms will not constitute a waiver of such right. Any Waiver of any provision under these terms will only be effective if it is in writing and signed by SUPERMEM.
2.12 SUPERMEM may collect and manage your personal information in compliance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) as may be amended from time to time and we respect your privacy in relation to any personal information given to us.
2.13 SUPERMEM is committed to be complying with its obligations under the Spam Act 2003 (Cth), you have the right to unsubscribe from electronic messages sent by SUPERMEM at any time.
2.14 SUPERMEM may use, modify and reproduce any of your suggestions or feedbacks or ideas submitted to SUPERMEM without any obligation to compensate you.
2.15 You must take your own precautions to ensure that accessing this Website does not expose you to the risk of viruses which may damage your computer. SUPERMEM will not be liable for any losses, liabilities, damages in connection with your use of this Website.
2.16 All Goods or Services sold by SUPERMEM come with Consumer Guarantees that cannot be excluded and any rights which you may have under the Australian Consumer Law will not be limited. SUPERMEM may provide manufacturer’s extended care pack which is in addition to the Consumer Guarantees available under the Australian Consumer Law (“ACL”). The manufacturer’s extended care pack may include: Accidental Damage Protection, Thunderstorm Protection, Liquid Spillage Protection. Your rights under the ACL generally provide the protection for your purchased Goods or Services which may exceed that of provided by the manufacturer’s voluntary warranty and therefore under certain circumstances you may not need to obtain any extended manufacturer’s warranty. SUPERMEM will provide details on manufacturer’s extended care pack whenever available.
2.17 If any part of these terms is found to be invalid, void, or any reason unenforceable then that provision will be deemed to be severed and the remaining terms and other provisions will remain the validity between you and SUPERMEM.
2.18 Parts purchased at SUPERMEM are recommended to be assembled or installed or assisted by knowledgeable technical person.
3. Pricing and Goods and Services Taxes (“GST”)
3.1 The Goods or Services offered on this Website are GST inclusive.
3.2 SUPERMEM reserves the right to change the prices without notices.
3.3 SUPERMEM reserves the right to correct any errors published on the Website.
3.4 The Goods or Services offered on this Website are offered in Australian Dollars and shipped domestically in each Australian State and Territory.
3.5 Images of Goods or Services shown on this Website but without any advertised price accompanying that image are not offered for sale.
3.6 SUPERMEM will provide you with itemised GST inclusive receipt or itemised GST inclusive tax invoice as proof of purchase.
4 All payment must be made in full prior to delivery or dispatch or release of your order.
4.1 For online orders and subsequent collection of the orders at a SUPERMEM branch, SUPERMEM accepts the following methods of payment:
a. Cash on collection.
5. Damaged or Faulty Goods or Services. If the Goods or Services ordered by you arrived damaged or is not in merchantable quality, SUPERMEM will repair, exchange or refund Damaged/Faulty Goods or Services in accordance with the SUPERMEM Repair, Exchange and Refund Policy and your rights under the Australian Consumer Law.
5.1 The clauses of the SUPERMEM Website Terms and Conditions are not intended to exclude or limit any rights under the Australian Consumer Law (“ACL”).
5.2 The ACL provides certain guarantees to consumers when they purchase Goods or Services and these guarantees cannot be excluded, restricted or modified.
5.3 SUPERMEM recommends you inspecting the Goods upon receipt to ensure you are satisfied with the Goods’ quality and description.
5.4 Please keep and retain your proof of purchase – for example: your receipt, invoice or banking transaction.
5.5 The Consumer Guarantees provided under ACL have no set or fixed time limit – the applicable time limit on the Consumer Guarantee for your purchase is determined by the price and nature / type of your purchased Goods. Consumers may be entitled to remedies under the Consumer Guarantee after manufacturer’s warranty or manufacturer’s extended care plan (if any) expires.
5.6 For Goods that are damaged in transit or during delivery, SUPERMEM will arrange to have the damaged Goods returned to SUPERMEM and either arrange for exchange of the Goods or refund the purchase price to you.
5.7 SUPERMEM does not have any general obligation to provide refund, exchange or repair under the following circumstances
a. If you change your mind.
b. If you decided you do not like the purchase.
c. If you decided that you had no use for the purchase.
However, SUPERMEM would like to provide additional security for its customers, over and above the consumer’s rights under the Consumer Guarantee for change-of-mind customers and SUPERMEM will provide you with a full refund or exchange to other Goods noting price difference, if:
i. you return the purchased goods to SUPERMEM within 14 days of the purchase date. For online purchases, the purchase date is the date you receive your ordered Goods;
ii. you have and bring the proof of purchase in the form of tax invoice and/or receipt;
iii. the returned Goods and its packaging are in its original condition including all manuals and accessories;
iv. the returned Goods is in re-saleable condition; and v. you agree to be responsible for the shipping cost of returning the Goods to SUPERMEM.
5.8 Please package all returned Goods safely before returning the Goods to SUPERMEM for repair, exchange or refund.
5.9 If you experience problems with your purchased Goods, You are entitled for free repair, exchange or refund. If you choose for repairing, SUPERMEM will attend to the repair of your Goods within a reasonable time. You may be provided with an indicative repair time, normally, it takes 2-4 weeks for repair, but it may take longer if Goods need to be repaired at an overseas workshop or require parts delivered from overseas. If it is not repaired within a reasonable time, SUPERMEM will exchange or refund the Goods.
5.10 You may be required to pay labour, assessment and/or freight charges where your rights under ACL do not apply, such as when Goods are assessed to have been damaged by accident, misuse, liquid spillage, flood, fire, earthquake, thunderstorm or to have been damaged by abuse, unauthorised modification to alter manufacturer’s original functionality or capability and becoming unsafe to use. SUPERMEM reserves the right to have the returned Goods accessed within a reasonable time frame by the manufacturer’s specialist in the determination of the cause of the problem.
5.11 If any Goods that you returned contain your generated data such as files or information stored on a Hard Disk, SSD, Flash Memory, mobile phone, SUPERMEM strongly recommends you to back up your data to prevent data loss and remove any data before repairing/exchange/refund your Goods.
5.12 If any Goods which you returned requires more than 3 separate and independent repairs, SUPERMEM will exchange or refund the Goods to you.
5.13 Where a failure does not amount to a major failure, SUPERMEM will provide you with a repair, exchange, refund or other suitable remedy.
5.14 If the problem is major failure or cannot be fixed, you are entitled to exchange or refund for your purchased Goods. Goods with any of the following characteristics will be deemed to have major failures:
a. Goods with this problem would have stopped someone from buying it had they known about it.
b. is unsafe.
c. is significantly different from the sample or description.
d. fails to do what SUPERMEM said it would, or what you asked for and can’t be easily fixed.
5.15 Refund for online purchases. All successful refunds may take up to 5 business / working days to be processed after SUPERMEM receives the return Goods. Please ensure you return the Goods to the State where you made the purchase in and that the Goods are returned accompanied by proof of Purchase.
5.16 Refund for in-store purchases. All successful refunds will be issued immediately but may take up to 3 business / working days for financial institutions to process the refunds. Please ensure you return the Goods to the SUPERMEM branch where you made the purchase in and that the Goods are returned accompanied by proof of purchase.
5.17 SUPERMEM may request you to provide us with personal information during refund to assist us in complying with the refund processes.
5.18 SUPERMEM has a general obligation to provide customers with remedies whenever a problem arises, however under ACL, customers also have the
right to approach manufacturers for remedies directly. Many manufacturers have dedicated support centres to provide home pick-up/delivery support and troubleshooting support for customers.
5.19 If at any time, you feel that your rights, as observed in accordance with SUPERMEM Repair, Exchange and Refund Policy on this Website, are not being
satisfied by our staff, then you may escalate your dispute in writing by following the process stated in Clause 12 of SUPERMEM Website Terms and Conditions.
5.20 SUPERMEM would like to hear from you for any suggestion. Your feedback will be an opportunity to improve our business and service. You can lodge your feedback and/or complaint with SUPERMEM by emailing us at mike@SUPERMEM.com.au or https://www.SUPERMEM.com.au/contact-us To help SUPERMEM processing your feedback or complaint please provide us with the following information:
Your name and contact details.
If applicable, the name of the person you have been dealing with about your ordering service.
The nature and description of the feedback / complaint.
If applicable, date of purchase.
If applicable, reference number, invoice number, product name and serial number.
If applicable, details of any steps you have already taken to resolve the complaint.
If applicable, details of conversations you may have had with SUPERMEM that may be relevant to your complaint.
If applicable, copies of any documentation which supports your complaint.
5.21 If your feedback / complaint is related specifically to an online order and delivery to your place, please email SUPERMEM at mike@SUPERMEM.com.au
5.22 You may also consider calling a local SUPERMEM call centre in your area: VIC: 03-85100424
5.23 You may consider speaking to the duty manager at your SUPERMEM local branch for direct assistance.
5.24 You may consider emailing your SUPERMEM local branch where you made your purchase: Clayton, VIC | email@example.com