This Dealz-Are Us website and domain name (dealz-areus.com.au), (the “Site”) is a shopping website where you can browse, select and order Products advertised on the Site from Dealz-AreUs (ABN 80 117 998 101) (“Dealz-Are Us”, “us” or “we”).
Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions (“Terms”).
Please read these Terms before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site in accordance with these Terms.
You may order Products by selecting and submitting your order through the Site in accordance with these Terms.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price shown on the Site (including the delivery and other charges and taxes) at the time you place the order. All orders are subject to availability and confirmation of the order price.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site
Where applicable, prices are inclusive of GST. Delivery costs will also be charged; such additional charges are clearly displayed where applicable and included in the 'Total ' where displayed at checkout.
The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right (at our absolute discretion) to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order.
Each order placed for Products through the Site that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
provide you with an email confirmation of that order as soon as practicable after you have placed your order and made payment; and
supply the Products in that order to you in accordance with these Terms.
Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure that there are sufficient funds to complete the transaction. Products will not be dispatched until this pre-authorisation check has been completed.
During the pre-authorisation check it will affect your available funds balance however the funds will not yet have been received by us. Your card will be debited once the order has been accepted and the pre-authorisation check is complete.
If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days from the date of your order being placed to order the relevant Products (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
Our Back Order Policy is incorporated into these Terms.
Sale of Restricted Products is subject to various Commonwealth, State and Territory laws. By placing an order for any Restricted Goods you warrant to us that you are:
18 years of age or older, where you order products that are classified R18+;
15 years of age or older, where you order products that are classified MA15+.
Are subject to certain limited exceptions specified by law, acknowledge that it is against the law to sell or supply a Restricted Film or a Restricted Game to, or obtain a Restricted Film or a Restricted Game on behalf of, a person under the age of 15 years (for a game or a film that is classified MA 15+) and 18 years (for a game or a film that is classified as R 18+); and
Warrant that you are not obtaining a Restricted Film or a Restricted Game on behalf of a person that is not of the appropriate legal age referred to in (a) above, unless you are permitted to do so by law.
We may in our sole and absolute discretion refuse to accept your order where we believe that you are placing an order for commercial purposes.
We will only deliver Products ordered through the Site to a location in Australia where we provide delivery services. Please note that we are unable to ship to the following Australian External Territories: Norfolk Island, Christmas Island, The Cocos Island and Australian Antarctic Territories.
The delivery fee to deliver your order to the Delivery Address depends on the type of Products you order (in particular, the size and weight of the Products) (“Delivery Fee”) and we will notify you of the Delivery Fee when you place your order.
You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
We also recommend that you be present to accept the delivery of your order if you have paid by credit card.
We may require the person accepting the delivery of your order to:
provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, you will be left a note by our logistics provider with instructions on where and how to collect your order.
You: acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and will ensure that the person receiving any Restricted Film or Restricted Game or other relevant Restricted Products is over the required age as prescribed by law and, in the circumstances referred to in these Terms , you are, or accompanied by a person that is over the age of 18 years.
We will not deliver a Restricted Film or a Restricted Game to a person that is not of the appropriate legal age or if you are in breach of any of these Terms. In this instance, we will cancel the order and refund any amounts paid for that order under these Terms (excluding the Delivery Fee).
Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
the Products in that order are not available;
there is an error in the processing of your order;
there is an error in the price or the Products description posted on the Site for the Products in that order;
we reasonably believe your order has been placed in breach of these Terms; or
you have asked us to cancel your order in accordance with section 13.3 below.
If we cancel any part of an order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. We will refund the amount paid by you for any order cancelled by us where applicable.
You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you any return of the Products will be in accordance with, our Returns Policy.
We will charge you, and you agree to pay, the purchase price of each Products that is ordered, the Delivery Fee and any other fees and charges set out in these Terms.
All fees and charges identified in these Terms and all prices for the Products include GST where applicable.
The purchase price of each Product is shown on the Product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then:subject to 15.5(b), we will refund any amounts paid by you for that cancelled order;
we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
You may pay the fees and charges for an accepted order using the following payment methods:
the following credit cards:
Any other payment methods as notified by us on the Site from time to time.
If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at time of shipment which specifies the total fees and charges for the Products in the order.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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 the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
Subject to clause 18.4, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation of any kind, express or implied as to the suitability of the Site, in respect to any information, content and materials contained in the Site or a Products for any purpose.
Subject to clause 18.4, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the use or inability to use the Site, the information contained on the Site and this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
In the case of information, the resupply of the information;
in the case of services: the resupply of the services; or the payment of the cost of resupply; and
in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
While we have appropriate security systems in place which protects the Site, we cannot guarantee that the Site or any data transmitted from the Site is totally secure, free from viruses, fault or other conditions which may damage or interfere with your computer systems, hardware or any electronic devices as a result of your use to the Site. You agree that your use of the Site is at your own risk.
Nothing in these Terms are intended to limit, modify or exclude any rights which you may have by law (including the Australian Consumer Law) which cannot by law be limited, modified or excluded.
acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these Terms and Conditions:
the breach cannot be remedied; or
you fail to the remedy the breach within 10 days of our notice to you of that breach; or
if there is an emergency.
We may stop making the Site (or any part of it) available without prior notice and in our absolute discretion. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any Terms for an existing order that has been accepted by us, the Terms that will apply to the order, are the Terms that applied at the time you placed your order.
We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
for other purposes to which you consent to (either express or inferred consent).
We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 22.2.
You may access your personal information, by logging into your registered account or by contacting us.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Capitalised terms used are defined in these terms and conditions. In these terms:
Classification Board means the Classification Board established under the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
Contact Hours means 9am to 5pm Monday to Friday (Sydney time).
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
LoginID means the email address that you provided to us as part of the registration process to use the Site.
MA 15+ means the MA 15+ classification in the Classification (Publications, Films and Computer Games) Act 1995(Cwlth).
R 18+ means the R 18+ classification in the Classification (Publications, Films and Computer Games) Act 1995 (Cwlth).
Product means each good or service that is advertised on the Site.
Restricted Film means a film that has been classified MA 15+ or R 18+ by the Classification Board.
Restricted Game means a computer game that has been classified MA 15+ by the Classification Board.
Restricted Product means a Product that is subject to certain restrictions (for example, age restrictions) on its sale by a relevant law, such as a Restricted Film or a Restricted Game.