DIRECT IMPORT TERMS AND CONDITIONS
About these Terms and Conditions
The Phone Guy may offer on or through the website thephoneguy.com.au, goods sourced directly from an overseas supplier. These are known as Direct ImportGoods and will be clearly labeled as such on the website. The terms and conditions below are in addition to our standard Terms and Conditions and where applicable the same definitions apply.
The following condition within our standard Terms and Conditions is excluded in relation to the purchase by you of Direct Import goods.
- Change of Mind Policy – no change of mind returns are allowed for Direct Import goods.
In all other clauses where there is a conflict between our Standard Terms and Conditions and the Direct Import Terms and Conditions when applied to the sale of Direct Import Goods, the Direct Import Terms and Conditions prevail.
If you do not agree to the Terms and Conditions you must not use this website or purchase any Direct Import Goods through it.
The Phone Guy reserves the right to change the Terms and Conditions of sale at any time, without the need for prior written notice to you. The Terms and Conditions which will apply to your order for goods will be those on our site at the time of your order.
“We”, “Us” or “Our” – refers to The Phone Guy ABN 67 600 168 367 of PO BOX 505, Glenroy VIC Australia.
“You” or “Your” - refers to any person using the website thephoneguy.com.au.
Direct Import Goods– refers to goods that are sourced directly from an overseas supplier by us as agent and available for purchase on the The Phone Guy website which are labelled as “Direct Import” on the product listing.
Direct Import Order – is an order placed with The Phone Guy for Direct Import product.
Sales Agent– refers to The Phone Guy when acting as the agent for the supplier.
Supplier– is the third party supplier located outside of Australia who has contracted with us to supply the Direct Import goods directly to you.
Taxes – refers to any value added taxes, including GST, and any other charges, duties and
Customs duties related to the supply of the Direct Import Goods.
Placing your order
Information contained on the The Phone Guy website constitutes an invitation to treat, not an offer to supply any goods.
When you place an order for Direct Import Goods you are offering to purchase specific products from the overseas third party Supplier strictly in accordance with the Direct Import Terms and Conditions, for the price specified plus delivery charges, but excluding any duties and taxes that would otherwise be applicable if the goods were purchased from The Phone Guy.
As Sales Agent for the supplier, we reserve the right, to the fullest extent permitted by law to refuse orders in our sole discretion. We may refuse to fulfill an order for reasons such as (without limitation) errors in pricing, product description or product unavailability.
Once your order is processed by us it cannot be cancelled because you are placing the order with the overseas supplier. If the order cannot be fulfilled by the supplier for any reason, you will be given a full refund.
You acknowledge and agree that apart from your rights under Australian Consumer Law, you cannot reject or return your goods for any reason.
Pricing and Payments
Direct Import goods are offered for the price specified in Australian dollars (AUD) but exclude duties and taxes. Shipping charges are shown as a separate charge on the product page and are calculated upon post code entry.
Pricing is current at the time of display on the website, however we reserve the right to change the price at any time before we process an order.
Accepted payment methods are Visa, Mastercard, V.Me, PayPal and Bpay.
Payment in full must be received as a condition of us processing your order and your payment must be validated prior to the dispatch of any goods. If your payment declines for any reason, goods will not be held for you nor can availability of goods be guaranteed for any subsequent order placed.
Your obligations for Direct Import Orders
By placing an order for Direct Import Goods you acknowledge and agree to these Terms and Conditions, including the obligations set out below.
By placing an order for Direct Import Goods you are granting us express permission to provide your details such as email address, name, physical address and phone number to the overseas Supplier for the sole purpose of supplying and shipping the Direct Import Goods to you.
You understand and agree that as the purchaser, you will be recorded as the importer of the goods. Under Australian law, the importer is responsible for the payment of any taxes or duties related to the importation of the goods.
You understand and agree that if your Direct Import Order goods arrive in Australia and the Customs value assessed as higher than the “Low value import threshold” (the current threshold is set at $1000 AUD but may be subject to change) you may need to complete and lodge a Customs Import Declaration and pay any applicable Customs taxes/duties.
If you place multiple orders for Direct Import Goods from the same supplier, these may be consolidated and considered as one consignment by Australian Customs. The total value of any such consignment will then be taken into account in the assessment of any taxes or duties due.
It is recommended that you carefully consider the information regarding Low Value Imports available at www.customs.gov.au
You understand and agree that as the importer you are responsible for any mandatory, regulatory or legal compliance that relates to the importation of such goods.
You understand and agree that goods supplied as Direct Import goods are subject to inspection and clearance by Australian Customs and any other relevant authority prior to delivery.
As the recorded importer of the goods you acknowledge and agree that neither we nor the supplier are liable for any loss, damage or expenses that you may incur as a result of your importer obligations.
You acknowledge and agree that as the importer of record you are responsible for any permits or modifications required for the legal importation and use of the goods into and within Australia.
Delivery of your Direct Import Products
Goods are purchased directly from the overseas supplier on an ex-works basis (as defined by Incoterms® 2010). The Supplier acting as your agent will arrange for shipment on your behalf for the additional delivery charge shown upon postcode entry on the product listing and at check-out. Risk and title in the goods passes to you on the date that the goods are placed with the first carrier at the point of export. You may elect to pay the optional fee for Transit Care at checkout, wherein you will be supplied with a replacement (or a refund if a replacement is unavailable) for goods that are lost or damaged in transit.
Direct Import Goods are shipped to you from the Supplier’s overseas location. While the Supplier will do their best to meet any stated delivery time-frame (we would recommend that you allow up to 15 business days for delivery) there may be occasional delays due to circumstances outside of the Supplier’s control. This may mean that the stated delivery time may not always be met.
Neither The Phone Guy nor the Supplier accepts any liability for delivery delays or non-delivery of Direct Import goods that results from your failure, as the importer of record, to pay any taxes or duties due.
Title and Risk
Title and Risk in the goods passes to you on the date that the Supplier places the goods with the first carrier at point of export.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at www.consumerlaw.gov.au. If a product has a minor defect, as the sales agent acting for the Supplier will arrange a repair or offer you a replacement or a refund. If a product has a major defect, you are entitled to:
• reject the goods and receive a refund
• reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
• keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a product is defective, you should contact our Customer Service Help Centre and a The Phone Guy Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. If a product is replaced, your replacement product becomes your property and the returned product becomes the Supplier’s property. When a refund is given, the returned product becomes the Supplier’s property.
As Sales Agent acting for the Supplier we will not provide a refund, replacement or repair for any goods than in our reasonable assessment have been the subject of misuse, abnormal use or not used in accordance with the manufacturer’s instructions or advice.
Because Direct Import Goods are purchased by you in original packaging from an overseas supplier, any manufacturer warranty information supplied with the goods may not be applicable to Australia. Any overseas warranty information should be disregarded.
The The Phone Guy ‘Change of Mind Policy’ is expressly excluded for Direct Import goods.
The supplier’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
As your goods are supplied to you directly from an overseas based third party supplier it may not always be possible to repair or replace the goods within a reasonable timeframe as defined under the Australian Consumer Law. If this occurs the Supplier will instruct us in our capacity as their Sales Agent to provide you with a full refund.
RETURNING A PRODUCT
Return Authorisation Number - A Must Have
As the Sales Agent acting for the Supplier, all returns must be authorised by our Customer Service Team. Where Customer Service has determined a product is defective or fails to meet a consumer guarantee they will issue you with an RA (Return Authorisation) number. No product may be returned without an RA. Products should be returned to The Phone Guy within 30 calendar days of the issuance of the RA. Where possible the goods should be returned in their original unmarked packaging with all accessories, manuals and documents that were shipped with the product. If all accessories are not returned a partial refund may be applied.
Organizing the Return of Products
Unless otherwise advised all goods must be returned whenever we agree to provide you with a refund or replace the goods. If the goods are able to be returned by Australia Post Customer Service will email you a PDF voucher containing an RA which you must affix to the product. The Phone Guy acting as the Sales Agent for the Supplier will pay the postage for returned items automatically if you notify us of your claim within 30 days of delivery.
You must then take the Product to any Australia Post Office for return. Where you have received a defective Product by a courier service, we will make arrangements with a courier service for collection of the Product, and will notify you when they will collect the Product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
When a Replacement Product is arranged
• A replacement for the same Product that you ordered will be shipped to you at the Supplier’s expense after we have received your returned Product.
• The delivery time for the replacement Product will be the same as stated for the original Product.
• Consumer Guarantees apply to all replacement products.