Preface

By purchasing from macs4u, you are acknowledging that you have read, understood, and agree to be bound by our terms and conditions as set out below.

1.   Definitions

1.1.   ‘macs4u’ is the dealer that you are purchasing from (Webequip Pty Ltd trading as macs4u ABN 15 139 201 951).

1.2.   ‘Customer’ is the person or company that is purchasing a product or service from macs4u.

1.3.   ‘SRO’ is a Service / Repair Order made by you requesting a service or repair

2.   Privacy Policy

2.1.   We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

2.2.   A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

2.2.1.   What is Personal Information and why do we collect it?

2.2.1.1.   Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

2.2.1.2.   This Personal Information is obtained in many ways including by email, via our website macs4u.com.au, in-store and from third parties. We don’t guarantee website links or policies of authorised third parties.

2.2.1.3.   We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

2.2.1.4.   When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

2.2.2.   Sensitive Information

2.2.2.1.   Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

2.2.2.2.   Sensitive information will be used by us only with your consent; or where required or authorised by law.

2.2.3.   Third Parties

2.2.3.1.   Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

2.2.4.   Disclosure of Personal Information

2.2.4.1.   Your Personal Information may be disclosed in a number of circumstances including the following, third parties where you consent to the use or disclosure; and where required or authorised by law.

2.2.5.   Security of Personal Information

2.2.5.1.   Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.

2.2.5.2.   When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

2.2.6.   Access to your Personal Information

2.2.6.1.   You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

2.2.6.2.   Macs4u will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

2.2.6.3.   In order to protect your Personal Information, we may require identification from you before releasing the requested information.

2.2.7.   Maintaining the Quality of your Personal Information

2.2.7.1.   It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

2.2.8.   Policy Updates

2.2.8.1.   This Policy may change from time to time and is available on our website.

2.2.9.   Privacy Policy Complaints and Enquiries

2.2.9.1.   If you have any queries or complaints about our Privacy Policy, please contact us.

3.   Payment Methods

3.1.   macs4u accepts the following payment methods to pay for goods and services. Not all payment methods will be available for every transaction. All credit card orders are subject to verification and approval. Unless otherwise stated, full pre-payment is required for all orders before processing. Orders paid for by Direct Deposit will not be processed until the funds transfer has been fully verified.

3.1.1.   Direct Deposit

3.1.1.1.   Made to the following account, with the provided reference number (such as O-1234) in the note field.

3.1.1.2.   Account Name: Webequip Pty Ltd
Bank: NAB
BSB: 086 288
Account Number: 488973497

3.1.2.   Credit Cards and EFTPOS

3.1.2.1.   Including Visa, MasterCard, Amex, Diners Club, and contactless payments (such as PayWave, PayPass).

3.1.3.   PayPal

3.1.3.1.   We accept PayPal only under specific arrangements, for some online purchases or out-of-store sales.

3.1.4.   Cash

3.2.   macs4u may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, macs4u reserves the right to cancel your Order (or SRO) and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

4.   Pricing and Taxes

4.1.   Pricing for goods are as shown in-store and on our website.

4.2.   macs4u reserves the right to change the prices of goods at any time, without notice. The prices shown on your order will continue to apply to you even if the price changes.

4.3.   All prices and delivery charges are in Australian dollars and are inclusive of GST.

5.   Acceptance of Orders

5.1.   macs4u reserves the right to refuse or cancel an order at any time, for any reason. In addition, an automated electronic order confirmation does not indicate acceptance of an order.

6.   Orders

6.1.   An order submitted by you is an offer by you to purchase the goods for the price as shown at the time of placing of your order. macs4u may accept or reject your offer in its absolute discretion.

6.2.   Each Order that you place will, if accepted by macs4u, be a separate and binding agreement between you and macs4u with respect to the supply of the relevant goods, in accordance with these Terms and Conditions.

6.3.   If you place an Order for someone else to receive the Goods you must obtain their consent before providing macs4u with their personal information and, by placing an Order, you confirm to macs4u that you have done this.

6.4.   Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been processed by macs4u. macs4u will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.5.   Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), macs4u will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been processed by macs4u, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6.6.   When macs4u processes an Order, it represents an agreement by macs4u to supply the goods to you in accordance with your Order, subject to receiving payment from you and subject to these Terms and Conditions.

6.7.   Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, macs4u will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6.8.   Where you place separate Orders, the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. macs4u will attempt to consolidate separate Orders into one delivery if requested by phone or email but makes no representation that it will be able to do this.

6.9.   Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g. a mixture of hardware and software); or where the Goods have different availability statuses.

6.10.   Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected, and we will notify you by email.

7.   Cancellation of Orders

7.1.   macs4u reserves the right to cancel, at any time and for whatever reason, an Order that was previously processed. macs4u may do this for example, without limitation, where:

7.1.1.   our suppliers are unable to supply goods that they have previously promised to supply;

7.1.2.   an event beyond macs4u’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the goods within a reasonable time;

7.1.3.   goods ordered were subject to an error, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.

7.1.4.   you ask macs4u to cancel your Order in accordance with section 7.2; or

7.1.5.   in the circumstances set out in Sections 3.2

7.2.   You may cancel your Order where macs4u:

7.2.1.   has breached the material term of this agreement;

7.2.2.   is not able to deliver your Order within a reasonable time of the estimated delivery, other than a result of any delay:

7.2.2.1.   for which you are wholly or partly responsible such as a failure to pay for the goods;

7.2.2.2.   which was outside macs4u’s control including the situations set out in Sections 7.1.2 above.

7.3.   When an Order is cancelled macs4u will send a confirmation by email.

7.4.   In the event of macs4u or you cancelling your Order after payment has been processed, but before any goods have been ordered or shipped, macs4u will refund any money paid in respect of that Order. Section 10 of these Terms and Conditions sets out further information about refunds.

8.   Service / Repair Orders

8.1.   A Service / Repair Order (SRO) submitted by you is a request by you for services or repairs to be completed for you, or on goods provided by you. macs4u may accept or reject your request in its absolute discretion.

8.2.   If your SRO includes providing us with any goods, submitting an SRO confirms your permission to work on the provided goods as needed.

8.2.1.   Additionally, you confirm that the goods are not encumbered, or under any third-party warranties that may be affected by macs4u supplying the requested service or repair.

8.3.   Each SRO contains a ‘Problem Description,’ that identifies what service or repair you are requesting. It is your responsibility to ensure this is correct and accurate, as it defines the service or repair we provide.

8.3.1.   SRO frequently have a ‘Diagnostic’ phase, where we explore and troubleshoot to quote for providing a service or repair to you. These diagnostics incur a minimum charge of $60, this is in addition to any charges for providing a service or repair.

8.3.2.   Should additional Diagnostics be required, macs4u will contact you to attain permission to continue testing, along with an estimate of the total diagnostic charge. You may cancel your SRO at this time if you choose. See Section 9 for information on cancelling an SRO.

8.4.   Each SRO that you place will, if accepted by macs4u, be a separate and binding agreement between you and macs4u with respect to the services agreed on, in accordance with these Terms and Conditions.

8.5.   If you place an SRO for someone else, you must obtain their consent before providing macs4u with their personal information and, by placing an SRO, you confirm to macs4u that you have done this.

8.6.   Please check your SRO carefully before submitting it as the SRO may not be able to be changed or cancelled once the SRO has been processed by macs4u. macs4u will use reasonable endeavours to cancel or change the SRO if the service or repair has not been started but makes no representation that it will be able to do this.

8.7.   Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), macs4u will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your SRO information being incomplete or inaccurate or as a result of being unable to change or cancel your SRO once it has been processed by macs4u, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.8.   Services or repairs conducted on goods or data provided by you may exacerbate any existing issues. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), macs4u will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any service or repair provided by macs4u, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.9.   When macs4u processes an SRO, it represents an agreement by macs4u to supply the service or repair to you in accordance with your SRO, subject to receiving payment from you and subject to these Terms and Conditions.

8.10.   Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, macs4u will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your SRO, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.11.   Repairs that you have requested will not be released until your payment for the repair has cleared.

9.   Cancellation of Service / Repair Orders

9.1.   Cancelling an SRO constitutes a request to cease any further supply of service or repairs requested.

9.2.   When a cancellation is requested our technicians will stop any partially completed service or repair at that point.

9.2.1.   Should it be unsafe for our technicians to stop at that point, they will continue until the soonest available safe point (e.g., when testing a computer system with exposed circuitry, it must be safely shutdown and protected)

9.3.   Any services or repairs on the SRO that have already been supplied, whole or in part, remain on the SRO and will be charged for as laid out in section 9.5.

9.4.   Any partially completed service or repair may leave provided goods or data in an unusable state, if requested macs4u will attempt to return the goods or data to their original state but makes no representation that it will be able to. This may incur a charge, see section 9.5.

9.5.   macs4u reserves the right to cancel, at any time and for whatever reason, an SRO that was previously processed. macs4u may do this for example, without limitation, where:

9.5.1.   our suppliers are unable to supply goods that they have previously promised to supply;

9.5.2.   an event beyond macs4u’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the goods within a reasonable time;

9.5.3.   goods ordered were subject to an error, for example, in relation to a description, price or image, which was not discovered prior to the SRO being accepted;

9.5.4.   the service or repair poses excessive risk to our technicians;

9.5.5.   you ask macs4u to cancel your SRO in accordance with section 9.2; or

9.5.6.   in the circumstances set out in Sections 3.2

9.6.   You may cancel your SRO where macs4u:

9.6.1.   has breached the material term of this agreement;

9.6.2.   is not able to deliver your SRO within a reasonable time of the estimated completion, other than a result of any delay:

9.6.2.1.   for which you are wholly or partly responsible such as a failure to pay for the goods;

9.6.2.2.   which was outside macs4u’s control including the situations set out in Sections 9.1.2 above.

9.7.   When an SRO is cancelled macs4u will send a confirmation by email.

9.8.   Services or repairs provided whole or in part before an SRO is cancelled are charged out as follows

9.8.1.   Services or repairs provided whole are charged in full as appears on the SRO

9.8.2.   Services or repairs provided in part are charged either in quarter fractions representing how complete the service or repair is when the order is cancelled (e.g. if a technician was approximately half way through replacing a power supply unit, half the listed charge would apply)

9.8.3.   Should you request that the goods or data be returned to their original state, and macs4u agrees to attempt this, it will be charged in 10-minute increments at $15 an increment

10.   Returns

10.1.   If you wish to request a return contact macs4u as soon as possible. Please include your original invoice number and contact details, a description of the reason for the return, and any other information you think might be related.

10.2.   Returns are accepted or rejected by macs4u at our discretion and are generally not accepted where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere.

10.3. Should a return request be accepted by macs4u you can return non-defective products for a full refund, provided the item is back at macs4u within 3 days. This is conditional on that the product is returned in “as new" condition, in its original undamaged packaging, and unopened if sealed by the manufacturer. Shipping charges are not refundable. Refund amounts will be based on the currently listed price on our website, or the invoice — whichever is lower. Returns for items not normally stocked, will only be refunded after the manufacturer or distributor has approved the item for return.

10.4. The customer is solely responsible for shipping any returned product back to macs4u. Customers must ship the item back to macs4u using a reputable carrier that is capable of providing proof of delivery and insurance for the entire value of the shipment. The customer bears all cost of shipping charges and all risk of loss in transit to macs4u. The customer agrees that the returned product will be 100% complete, in re-saleable condition, and will be complete with original packaging, manuals, etc. If any of the listed requirements are not fulfilled, macs4u reserve the right to reject the return request.

11.   Warranty

11.1.   If you’re unsure if the goods are faulty please contact us before bringing or sending the goods back. Our team may be able to resolve your issue without actually needing to bring the goods back to us.

11.2.   Every product comes with a different manufacturer warranty duration, these warranty durations are strictly enforced on macs4u by our suppliers and we are obliged to pass on this enforcement. We strongly recommend contacting us as soon as you establish you have a faulty product.

11.3.   Our warranty does not apply to any item that has been modified, abused, or mis-used. Products are not warranted as to compatibility with your current components in regard to use, fit, or utility. The consumer is responsible for making sure that the Goods ordered from macs4u will be compatible with their system (e.g., that a wireless mouse is compatible with your computer).

11.4.   The customer is solely responsible for shipping any returned product back to macs4u in the same way it was delivered to them. Customers must ship the item back to macs4u using a reputable carrier that is capable of providing proof of delivery and insurance for the entire value of the shipment. The customer bears all cost of shipping charges and all risk of loss in transit to macs4u.

11.5.   Please include your original invoice number and contact details, a description of the problem, and any other information you think might be related.

11.6.   Adequately pack the product for shipment to us. Do not ship the product back to us using only the original retail box the product came in. Pack it well — any damage caused to the product due to poor packaging or shipping choice is your responsibility and we will not replace or repair the product under warranty.

11.7.   The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the Law requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the Law says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’. Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure. Consumer Guarantees have no set time limit – depending on the price and quality of goods, consumers may be entitled to a remedy after any manufacturers’ warranty has expired.

12.   Refunds of your money

12.1.   Where macs4u is obliged to refund your payment pursuant to these Terms and Conditions, macs4u aims to initiate your refund within 2 business days (Monday – Friday 10 a.m. to 6 p.m. AWST time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

12.2.   You must provide a suitable payment method to process the refund. See Section 3 for accepted payment methods.

12.2.1.   Note that not all listed payment methods will be available for every transaction.

13.   Limitation of Liability

13.1.   All goods sold and services provided are to be used at your own risk. Under no circumstances is macs4u liable for the following:

13.1.1.   Third party claims against you for damages,

13.1.2.   Loss of, or damage to your records, data, or any type of hardware/equipment,

13.1.3.   Economic consequential damages (including lost profits, lost data, or lost savings), or incidental damages even if we are aware of the possibility.

13.1.4.   Any consequential damages. Consequential damages are defined as any damage which is a consequence of using this product or our website (data loss; hardware loss; or economic losses like profit loss, customer loss, or time loss).

13.2.   macs4u liability is limited to the cost of the product purchased from us. All of the products that we sell are to be used at your own risk and we are in no way liable for any loss, damage or injuries suffered from poor installation or use.

13.3.   Once shipped, goods become the responsibility of the customer which then has consumer rights to the goods being delivered by the carrier.

14. Contact Us

14.1. For all sections requesting you to contact us, macs4u can be contacted by the following means

14.1.1. Phone: (08) 9274 7111

14.1.2.     Email: info@macs4u.com.au

14.1.3.     Mail: macs4u, 269 Great Eastern Highway, Midland, WA, 6056

14.1.4.     Web Form: www.macs4u.com.au/get-in-touch/

15.   General

15.1.   macs4u reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

15.2.   Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

15.3   These Terms and Conditions are governed by the laws of Western Australia, Australia.