About
These Terms And Conditions
In these Terms and
Conditions "we" and "us" mean CTC Communications Pty
Limited ABN 15062365351of Unit 11-44 Abel St, Jamisontown NSW, 2750 Australia,
and "you" means you the customer.
These Terms and
Conditions together with your Order constitute the entire Contract between us
and you for the supply of Products. No other Terms and Conditions will apply.
The Contract cannot be varied unless we agree to vary it in writing or by
email.
Pricing
We primarily sell and
ship Products to Australia. We will only make deliveries outside of
Australia when we obtain a quote for shipping to your country.
Legal Capacity
To Transact
If you are under
the age eighteen (18) years you cannot place orders with CTC Communications.
By accepting these
Terms and Conditions you acknowledge that you are over the age of eighteen (18)
years.
Should CTC
Communications suffer any damage or other losses as a result of a transaction
entered into by a minor, CTC Communications reserves the right to seek compensation
for such losses from the parents or guardians of the minor who caused any
order(s) to be placed with CTC Communications.
Placing Your Order
You may place an
Order by filling in the Order Form on the CTC Communications Web Site and
clicking the "Submit My Order" button.
When you place
your Order, we will issue you with an Order Number. We will do this by email.
By placing an
Order, you make an offer to us to purchase the Products you have selected based
on these Terms and Conditions.
Information
contained on the CTC Communications website constitutes an invitation to treat.
No information on our website constitutes or should be deemed as an offer by us
to supply any Products, however CTC Communications will make every effort to
supply Products to you.
There may be
situations where a stocked item is not available after you submit your
purchase. In such case you can either wait for the product to come into our
warehouse or we will refund your money in full.
We will notify you
that your order is being processed by sending you an Order Confirmation and tax
invoice via email, however, we do not formally accept your offer until your
order has passed our internal validation procedures for verifying the bona
fides of each order placed, for the purpose of preventing credit card or
payment fraud. CTC Communications and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
We will confirm
acceptance of your order when we send you an email confirming shipment of the
goods you have ordered.
If we cannot
process or accept your Order after payment is received we will contact you by
email or telephone.
Payment Methods
And Processing
CTC Communications
currently accepts Purchase Order, Cheque, PayPal, Direct Deposit, Visa,
MasterCard and American Express only.
Payment processing
will not begin until we receive all the information we need.
Orders placed on a
weekend or a Public holiday will not begin payment processing until the next
business day.
Business days are
Monday through Friday, excluding NSW Public holidays.
We process credit
card and PayPal payments after you click the "Submit My Order"
button.
Where you pay by Direct
Deposit you must pay the price payable in Australian dollars as indicated on
your Order Confirmation within 5 days from the date that you receive your Order
Confirmation.
For credit card
and PayPal payments we will email a tax invoice to you with your Order
Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email
after your payment has been confirmed. Your tax invoice is your proof of
purchase.
Paypal and Credit
Card orders may include a Surcharge but this will be visible prior to checkout.
Please Note:
- We are unable to accept credit cards issued by banks outside of
Australia.
- Debit cards and cheque cards have daily spending limits that may
substantially delay the processing of your order.
- You may be required to provide further identification for
additional security reference checks.
GST
- Goods and Services Tax
CTC Communications
purchases include GST unless otherwise stated on a Product listing. Please Note that the GST will be displayed once you log into our store.
Prices
CTC Communications
always seeks to list Products with the most competitive prices.
CTC Communications
reserves the right to change prices for Products displayed at CTC
Communications at any time.
MRRP - Manufacturer’s
Recommended Retail Price
The MRRP is the
sale price suggested by the manufacturer or distributor of merchandise.
- The Manufacturer's Recommended Retail Price (MRRP) is not
mandatory, although manufacturers and distributors may suggest that retail
outlets maintain a price within the range of their suggestion.
- In cases where a product is an exclusive offer available only on CTC
Communications, MRRP may indicate the retail price of a product with
similar features and specifications.
- In some cases, an MRRP price may be provided by a manufacturer who
manufactures and supplies on the foreign market. In these cases, the
suggested retail price (usually a US dollar amount) is converted to the
Australian dollar rate that prevails at the time of listing.
- Customers should note that the MRRP is the applicable indicative
price at the time of listing, and may not reflect current market
conditions.
- Customers are encouraged to compare prices via comparative price
shopping engines online and through various other means in order to find
the best deal. MRRP is not the same as ‘street price’ - Street Price can
be broadly defined as the price at which the item actually sells in the
free market.
- CTC Communications is committed to providing the very best prices
and unbeatable value to its customers. We welcome feedback and notice of
price rollbacks in the market.
Supply Of Your Products
Subject to these
Terms and Conditions, we will supply to you the Products indicated on your
Order Confirmation.
When your Order
items have been dispatched, we will email you to confirm shipment of each item
including a tracking number for each item.
Delivery Of Your
Products
Delivery time
takes up to 1 working day from the date your payment is received.
Please note that Direct Deposit payments take
1-2 business days to process.
CTC Communications
makes every effort to deliver your Product according to the estimated delivery
times provided by CTC Communications at checkout. The estimated delivery times
are in business days (Monday through Friday) excluding Public holidays.
Although every
effort is made to ship your Order according to the estimated delivery times
provided, estimated ship times may change due to changes in supply or
circumstances beyond our control. If your Product has not arrived after the
estimated delivery time, please contact us via email info@ctccommunications.com.au
We encourage you
to visit the "Your Account" section on our website to view the
delivery status of your Products.
Unless otherwise
agreed by us, we will deliver your Products to the address indicated on your
Order Confirmation. If no-one is available to take delivery of your Products,
our carrier (Australia Post eParcel) will leave a card so you can pick-up your
Product from your local Post Office. Where delivery is by our courier service
and no-one is available to take delivery, they will leave a card requesting you
to telephone them to arrange a suitable time and date for delivery.
We will use our
reasonable efforts to deliver your Products to you within the estimated
delivery time indicated on your Order Confirmation; however, we do not
guarantee that we will deliver within this time frame.
Title and risk of
loss to all Products will pass to you on delivery.
"Your Cart"
-
"Your
Account" with CTC Communications has a bonus facility. You may only use bonus
points in "Your Account" as detailed here.
Under your Cart
1.
Any
Bonus points will be displayed on the Bonuses tab.
2.
Where
the payment due on a Product (or Products) is less than the total of the Bonus
in "Your Cart", you retain the future use of any unused Bonus Points to
apply towards any future Product payments;
3.
In
the event that you do not have sufficient Bonus Points for full payment of the
Product, and where you hold any Refund Credits in "Your Cart", they
must be applied towards the outstanding balance due on the Product; and
4.
In
the event that you have insufficient Bonus Points and/or you have insufficient
(or no) Refund Credits in "Your Cart", you must pay the balance of
the payment due on the Product by PayPal, BPAY, Visa, MasterCard or American
Express.
"Coupons"
CTC Communications
in its absolute discretion may from time to time provide discount Coupons to
existing and/or new customers.
Coupons can only
be used towards the payment of Products on our website.
Coupons can only
be used in accordance with the Terms and Conditions under which the Coupons are
issued. Any Terms and Conditions governing the use of a coupon will accompany
that Coupon. CTC Communications will determine the content of Terms and
Conditions governing Coupons in its absolute discretion.
Where a Coupon is
used towards the payment of a Product (or Products):
1.
There
may be an outstanding balance due on the Product; and
2.
Where
you hold any Bonus Points within "Your Cart", they must first be
applied towards any outstanding balance due on the Product; and
3.
In
the event that you have insufficient (or no) Bonus Points in "Your Cart", and where you hold any Refund Credits within "Your
Account", they must then be applied towards any outstanding balance due on
the Product.
4.
In
the event that you have insufficient (or no) Bonus Points and/or Refund Credits
in "Your Cart", you must thereafter pay any outstanding balance
due on the Product by PayPal, BPAY, Visa, MasterCard or American Express.
"Refunded
Credits"
Under the CTC
Communications Limited Warranty we may credit "Your Cart" with a
Refund Credit from time to time. CTC Communications will only provide Refund
Credits under the Terms and Conditions detailed under "Your Rights To
Return A Product".
Where "Your Cart"
holds Refund Credits and you place an Order for a Product or Products:
1.
Any
(applicable) Coupon and/or Bonus Points that may be in your in "Your Cart"
credit facility must first be applied towards payment of the Product (or
Products);
2.
In
the event that (any applicable) Coupon and/or Bonus Points are insufficient for
full payment of the Product (or Products), you must apply your Refund Credits
towards the outstanding balance due on the Product (or Products); and
3.
Where
any outstanding balance due on a Product (or Products) is less than the total
Refund Credits in "Your Cart", you retain the future use of any
unused Refund Credits to apply towards any future Product payments; or
4.
In
the event that you have insufficient Refund Credits to apply towards the
outstanding balance due on the Product (or Products), you must pay any
remaining outstanding balance due on the Product by PayPal, BPAY, Visa,
MasterCard or American Express.
You can only
request to redeem the full amount of your Refund Credits held in "Your Cart".
To redeem your Refund Credits contact Customer Service service@ctccommnications.com.au
We will only redeem Refund Credits by a cheque sent to your mailing address.
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 CTC
Communications Product is considered DOA if it shows symptoms of a failure, or is
discovered to be broken when first taken from its packaging.
A CTC
Communications 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 cannot be provided.
Where CTC
Communications has provisionally determined that a Product is DOA, return
shipping will be arranged at the expense of CTC Communications.
If the Product is
deemed by Customer Services NOT to be DOA, CTC Communications 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.
CTC Communications
reserves the right to test any returned DOA Product. If the condition of the
Product was misrepresented to us by the customer, CTC Communications will impose a $35 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, CTC
Communications 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 cannot be returned without a RAN. The
Product should be returned to CTC Communications 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 eParcel, Customer Service will email you a PDF
docket containing a RAN which you must affix to the Product. You must then
leave the Product at any Australia Post Office.
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 CTC Communications has
received the DOA Product from you.
- Refunds will be issued by cheque or a credit to "Your Cart"
with CTC Communications. Where a credit is organised for "Your Cart"
you have the option of cashing-out "Your Cart" at any time.
Some Products -
Manufacturer Only Warranty
Some Products sold
through CTC Communications 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, CTC
Communications will replace the item or issue a refund of your purchase price
for that item.
Computer
Hardware - Exclusions and Limitations
CTC Communications
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 CTC Communications warranty.
In relation to any
computing media Product, or any computing hardware Product or computing part
contained within a Product, CTC Communications 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 CTC Communications Products supplied
to you, and any failure to maintain the confidentiality of data stored on the
Product. CTC Communications 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 CTC Communications for replacement or a refund,
CTC Communications 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 CTC Communications 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 CTC Communications 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. Please refer to our Privacy Statement.
Credit Card Fraud
Whilst CTC
Communications employs the latest in Secure Sockets Layer (SSL) technology
software for its transactions with our customers, CTC Communications 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.
We use a Fraud Facility to check credentials of Credit Cards and use every effort to ensure your details are confidential and secure.
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 CTC Communications. Any
unauthorized 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 CTC Communications 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 CTC Communications, 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.
CTC Communications
reserves the right to change the Terms and Conditions of sale at any time.
No CTC
Communications employee or agent has the authority to vary any of the Terms and
Conditions governing any sale.
Force Majeure
CTC Communications
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 CTC Communications, and CTC Communications 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 Wales.
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