About These Terms And Conditions

In these Terms and Conditions "we" and "us" mean FONESHOP ABN 70 202 454 892 of PO Box 200, Sydney, NSW 2001 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.

WorldWide Sales We sell our products worldwide.

Legal Capacity To Transact If you are under the age eighteen (18) years you can not place orders with FONESHOP. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should FoneShop suffer any damage or other losses as a result of a transaction entered into by a minor, FoneShop 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 FoneShop.

Placing Your Order You may place an Order by filling in the Order Form on the FoneShop Web Site and clicking the "Payment" 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 FoneShop 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 FoneShop will make every effort to supply Products to you.

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. Auction Alliance 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 FoneShop currently accepts PayPal,Credit Cards, Bank Cheques and Bank Money Transfers 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 "Payment" button. For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. You may be required to provide further identification for additional security reference checks. If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.

GST FoneShop purchases include GST unless otherwise stated on a Product listing.

Prices FoneShop always seeks to list Products with the most competitive prices. FoneShop reserves the right to change prices for Products displayed at FoneShop 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 FoneShop.com.au, 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. FoneShop.com.au 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 15 working days from the date your payment is received. Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks. In all instances estimated delivery times will be advised after check out for your Product. FoneShop makes every effort to deliver your Product according to the estimated delivery times provided by FoneShop 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. We encourage you to visit the "My 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 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 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 FoneShop Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging. A FoneShop 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 can not be provided. Where FoneShop has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of FoneShop. If the Product is deemed by Customer Services NOT to be DOA, FoneShop 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. FoneShop reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, FoneShop 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, FoneShop 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 can not be returned without a RAN. The Product should be returned to FoneShop 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 FoneShop has received the DOA Product from you. Refunds will be issued by cheque or a credit to "Your Account" with FoneShop. Where a credit is organised for "Your Account" you have the option of cashing-out "Your Account" at any time. Some Products - Manufacturer Only Warranty Some Products sold through FoneShop 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, FoneShop will replace the item or issue a refund of your purchase price for that item.

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 FoneShop 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 FoneShop 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 FoneShop employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, FoneShop 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.

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 FoneShop. 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 FoneShop 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 FoneShop, 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. FoneShop reserves the right to change the Terms and Conditions of sale at any time. No FoneShop employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure FoneShop 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 FoneShop, and FoneShop 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.