Earspan Technology – REFUND POLICY
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them.
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.
CONSUMER LAW, RETURN, REFUND AND EXCHANGE POLICY
- (a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- (b) Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a 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 the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
- (c) Nothing in these Sales Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sales Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
- (d) Warranties Seller: Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: Products may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers’ warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer’s warranty.
- (e) Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product or service, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us.
- (f) Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our store and inspected it and assessed whether it is eligible for a refund under these Sales Terms. Any refund we make will be by the same payment method used to purchase the product or service.
- (g) Installed: Subject to this clause, we will not accept or return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
- (h) Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our store.
- (i) Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
- (j) 30 Days Guarantee: Anytime you purchase a product through the Site and you are not 100% satisfied with it, you may return the product to us. Subject to the conditions and exclusions below, you will be offered a choice of replacement without charge, full credit towards the purchase of another product or refund of your purchase price. The 100% 30 Day Guarantee provides additional rights to your Statutory Rights.
- (k) Conditions of the 30 Days Guarantee:
- 1. The 30 days period within which you are eligible to return a product starts on the date that you accept delivery of your product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
- 2. We will only accept one (1) exercise of the 30 Days Guarantee per customer every 8 week period and any cancellation of order as set out in clause 1(e) of these Sales Terms will count as an exercise of the 30 Days Guarantee.
- 3. Any refund to you will be the purchase price you paid less any shipping costs we have incurred sending the original product to you and will be by the same payment method used to purchase the product.
- 4. You will be liable for shipping costs (i) to return the original product to us and (ii) for us to send out any replacement product.
- 5. Returned products must be in their original packaging, along with all included accessories and the original proof of purchase, be in new condition suitable for resale, SEALED accessories such as eartips in the package must not be opened, and must not be damaged in any way by you during the time the item is in your possession. The product is deemed to be in your possession until the product is received by us at the address listed at the end of these Sales Terms.
- 6. Where the product has a seal and the seal has been broken or opened, we will charge you restocking fee of 20% as set out on our Site.
- 7. The 30 Days Guarantee only applies to products purchased on the Site and delivered pursuant to clause 4 of these Sales Terms.
- 8. Not all our advertised products are covered by the 30 Days Guarantee. Please contact us for a list of any excluded products.
- 9. We reserve the right to refuse a return at our discretion.
- 10. 30 Days Guarantee does not apply for accessories such as eartips or earpads due to personal hygiene concerns.
- 11. We reserve the right to make changes to the 30 Days Guarantee without notice.
2.LIMITATION OF LIABILITY AND DISCLAIMERS:
- (a) While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we and our directors, officers, employees, contractors and agents accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
- (b) Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us via the Site which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and these Sales Terms.
- (c) To the extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
- i. we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
- ii. we take no responsibility for, and will not be liable for the Site or the products being unavailable; and
- iii. we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the late supply of products, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
- (d) To the extent permitted by law, our total liability arising out of or in connection with the products or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Sales Terms.
- (e) This clause will survive termination of these Sales Terms.
FOR ANY QUESTIONS OR NOTICE, PLEASE CONTACT OUR SALES DEPARTMENT AT:
PO Box 33102
MELBOURNE VIC 3004