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CONTENTS INTORODUCTION ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS LIMITATION OF LIABILITY DISCLAIMER COPYRIGHT APPLICABLE LAW INFORMATION PROVIDED BY YOU VIRUS WARNING PRIVACY MEMBERSHIP PRODUCT INFORMATION PLACING AND ACCEPTIONG ORDERS CANCELLATION DELIVERY RETURNS AND WARRANTIES PROMOTIONS AND COMPETITIONS DEAD ON ARRIVAL (DOA) RELEASE AND INDEMNITY
		Direct Wholesale Terms And Conditions
		1. INTRODUCTION Welcome to directwholesale.com.au and thank you for shopping with us. These Terms and Conditions govern the use of directwholesale.com.au ("the website") and the purchase of any goods from it. The website is owned and operated by Direct Wholesale Pty. Ltd. (ABN 43 108 887 529). Should you have any questions, please contact directwholesale.com.au on +61 3 9558 0633 prior to ordering from this website.
		2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Direct Wholesale reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
		3. LIMITATION OF LIABILITY Any liability of Direct Wholesale or Direct Wholesale's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Direct Wholesale be limited to: in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
		4. DISCLAIMER The information contained on the website is provided by Direct Wholesale in good faith. To the best of Direct Wholesale's knowledge, the information is accurate and current. However, Direct Wholesale and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Direct Wholesale's Associates") do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, Direct Wholesale disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Direct Wholesale makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that Direct Wholesale does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Direct Wholesale is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Direct Wholesalewill not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
		5. COPYRIGHT Copyright in the directwholesale.com.au website is property of Direct Wholesale. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Direct Wholesale and third parties. This property may only be used for the purposes of browsing the directwholesale.com.au website and acquiring goods and services of directwholesale.com.au.
		6. APPLICABLE LAW These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
		7. INFORMATION PROVIDED BY YOU If you purchase goods and services from directwholesale.com.au or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information"). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Direct Wholesale with current, complete and accurate customer information when asked to do so by the website or an employee of Direct Wholesale.
		8. VIRUS WARNING All care is taken to ensure that directwholesale.com.au websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
		9. PRIVACY We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions: Privacy Policy At directwholesale.com.au, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details. Information you provide us For Direct Wholesale to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes. Outside of information that you enter on the web site, we also receive and store certain types of information when you interact with directwholesale.com.au, this is provided through the use of Cookies. What are Cookies? Cookies are alphanumeric identifiers that are placed on your computer's hard drive through your web browser. Cookies enable our systems to recognise your browser and welcome you back to the Store. By disabling cookies, you will not be able to participate in some of the features offered by directwholesale.com.au Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. As there are many browsers in the marketplace, the easiest way to change your settings is by searching for Cookies in your Help/Contents and Index option on your browser. We recommend that you leave your Cookies enabled otherwise, you will not be able to shop with us. Our cookies don't send us back any information about your computer or any other information on your hard drive. How do we use the information? Information that you have provided us will be used in four ways: To enhance your shopping experience. To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message or to change your preferences through My Account. To generate a holistic but anonymous view of the directwholesale.com.au customer base. This information will allow us to analyse trends and demographics to help directwholesale.com.au improve on the services provided. It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our members in any way and honour their right to privacy. Disclosing Your Information Partners Third party companies and individuals have been engaged to perform functions on behalf of Direct Wholesale. Functions such as fulfilling and delivery of purchases, credit card payment authorisation, trend analysis, marketing and promotions, but all information will only be used to perform their appropriate functions and not for other usage. Authorities Direct Wholesale will pass on any information relating to suspected fraudulent activity to appropriate authorities. Partner Organisations With organizations that we operate but do not own, your information will be shared with that business. Please note, that we only go into partnerships with organisations who have the same regard to Privacy as we do. Industry Groups From time to time we provide statistical information about sales, trading patterns and navigation techniques to reputable third parties. This may comprise data collected about you and other users to form aggregate results. However, we will not provide any direct personal information that identifies you as our customer. Verification of Members We do use various details to verify information given to us by our members. At times, we use: names on member accounts to compare with information on credit cards we use member phone numbers and email addresses provided to us to communicate with customers about payments we use member addresses to check against credit card billing addresses etc . in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities Many of these checks are done manually and communication is handled carefully by a member of Direct Wholesale's own Customer Experience team. Lost login and Password details All information is kept private. Many members often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out. Information Security All information submitted to directwholesale.com.au is secured using Secure Sockets Layer (SSL) software. Information sitting on the directwholesale.com.au website is protected by state-of-the-art encryption and firewall technology. Accessing Your Information Personal information provided by you can be viewed and changed by you if information provided is incorrect or out of date. directwholesale.com.au provides you with the following tools to manage your information, the tools will evolve as the directwholesale.com.au website evolves: My Account (To manage all personal details) Children's Privacy It is important that any information provided or purchases made by children have the consent of parents or guardians. Other Privacy information you should be aware of Sign out or close your browser once you have finished shopping within directwholesale.com.au or associate partner stores. This is to ensure that others cannot access your personal information and correspondence. If you share a computer with someone or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your computer. You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and directwholesale.com.au Further Privacy information can be obtained on the Australian Privacy Commissioner's Web Site If you still have questions please contact us at service@directwholsale.com.au, or on (03) 9584 1988.
		10. MEMBERSHIP A Direct Wholesale member may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift certificates, promotional benefits and the value therein. Membership accounts are non-transferable. You may update, edit or terminate your membership account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times. As a Direct Wholesale member, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.
		11. PRODUCT INFORMATION Prices of goods and services and delivery and other charges displayed on the directwholesale.com.au website are current at the time of display. These prices are subject to variation without notice. We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
		12. PLACING AND ACCEPTING ORDERS Orders will not be despatched until payment in full has been received and directwholesale.com.au is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, directwholesale.com.au is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product. Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
		13. CANCELLATION Cancellation by Us We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights. Cancellation by You If you need to cancel an order, please contact us immediately on (03) 9584 1988. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns and Exchanges.
		14. DELIVERY It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense. We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with courier partners who we believe will always do their best to deliver products by the estimated delivery date. It is the responsibility of the customer to inform directwholese.com.au if an order does not arrive. Once we learn an order has not arrived by the due date, we will lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery. Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion. As a guide only, our couriers attempt to deliver to business addresses between 9am and 5pm, and to home addresses up until 6pm. Unfortunately, we are unable give a guaranteed time of delivery. You may select the "Recipient to sign for delivery" option when placing an order with us. By doing so, you agree that we have satisfied the condition where a signature has been received from the recipient, appropriate agent or proxy recipient of the order (chosen at the courier partner's discretion). This includes, but is not limited to, a hotel or office receptionist signing on receipt of delivery at the specified address. You agree that in doing so we have delivered the order within the terms of the agreement between you and us. If you do not select the "Recipient to sign for delivery" option, you agree that when our courier partner is satisfied that the order has been delivered, delivery of the order has taken place within the terms of the agreement between you and us. Goods may be delivered to the supplied delivery address up until 5.30pm. If the incorrect delivery address is supplied or if there is no safe place to leave the goods when no-one is home, they will be returned to the depot and we will contact you to arrange re-delivery. Re-delivery on the same day as the original delivery date will incur an additional fee of $20.00. Redelivery on a subsequent date will also incur a charge, calculated according to the delivery address and order details. To avoid these costs, please carefully consider the delivery address you enter. Please note: We recommend that you enter a delivery address where someone will be there during the hours of 9am and 5.30pm on the delivery day. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
		15. RETURNS AND WARRANTIES Direct Wholesale has a 7 day return policy. Details of this policy are provided below. If you still have questions, after reading our policy, please do not hesitate to contact us at help@directwholesale.com.au. Return of Faulty Goods Goods that are faulty can be exchanged with Direct Wholesale, within 14 days. In these circumstances Direct Wholesale will pay for the cost of returning the goods to Direct Wholesale. All products, unless noted otherwise, are sold with the full warranty of the manufacturer. The warranty period and service varies from manufacturer to manufacturer. For more information regarding the manufacturers’ warranty please read our section on Manufacturer's Warranty. Customers may be required to contact the manufacturer's technical support department directly, to acquire authorisation to return any faulty computer hardware products. Return of Non-Faulty Goods Goods that are not faulty can be returned within 7 days of receipt. To exchange products, the goods must be returned in their original unopened packaging. Goods that have been opened or goods sold on a "no return basis" cannot be returned, unless faulty. The following provisions apply in respect of the return of non-faulty Products. Non Faulty Products A 'no fault' product ('No Fault Product') is a Product returned by the Customer where the return is not due to the fault of Direct Wholesale or any fault with the Product. Handling charges for Non Faulty Product returns Non Faulty Products may be returned by the Customer in accordance with the procedures set out below. Such returns will attract a handling charge as follows: If the value of the product/s is/are $999.99 or less including GST, the return will attract a handling charge of $55 (comprising $50 + $5 GST). If the value of the product/s is/are $1,000 or more including GST, the return will attract a handling fee of 5% of the value of the return (including GST). Return of Software Unopened or defective software can be returned for replacement. However non-defective opened software will not be accepted under any circumstances. "NO RETURN BASIS" The term “No Return Basis” means that a returned product will not be accepted by Direct Wholesale unless the product is faulty within the warranties imposed by statute and which cannot be excluded by agreement. Products marked with the No Return Basis include: All Quantum Drives All Intel CPU's, CPUs, OverDrives, Graphics Cards and Motherboard products All Compaq products All IBM hardware products All Toshiba products All Microsoft OEM Products HP Hewlett-Packard PC, server and notebook products, including accessories. HP monitors Iomega OEM Kingston Memory All Phillips products Procedure for returning Goods All goods to be returned, faulty or not, will require a Return Authorisation Number before they can be returned. To obtain a Return Authorisation Number, please contact Direct Wholesale by email at returns@directwholesale.com.au or phone. All products must be returned to Direct Wholesale / Manufacturer. Direct Wholesale accepts no responsibility for loss or damage occurring in transit on return to Direct Wholesale. Returns take approximately 7 days to process from the date of receipt of goods by Direct Wholesale (exceptions to this may occur from time to time). A re-stocking fee may apply to the return of non-faulty goods. Unless otherwise specified, the benefits conferred by warranties set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.
		16. PROMOTIONS AND COMPETITIONS Other Terms and Conditions not listed herein and applying to directwholesale.com.au promotions and competitions are incorporated into these terms and conditions. Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein. To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail. Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
		17. DEAD ON ARRIVAL (DOA) Dead on Arrival is a term used to describe products, which are damaged or faulty at the time of receipt by the customer. Should you receive any product which is dead on arrival you must notify Direct Wholesale, either by email or phone within 7 days advising the date of purchase, invoice number and the serial number of the product. A Return Authorisation number may be requested by completing the returns@directwholesale.com.au details available on the web site. Once the product has been identified you will be issued with a Return Authorisation (RA) number. We will arrange for the goods to be delivered to our office. The Return Authorisation number should be clearly written on a label placed on the outside of the shipping carton - do not write directly on the carton. If the Return Authorisation number cannot be identified the product will be returned immediately at your expense. We will repair or replace the product within 7 working days of its receipt, (although exceptions to this may occur from time to time). Where the product is replaced it will be returned in its original packaging, as we received it. If a product returned as "dead on arrival" is found not to be faulty, you will be charged a no-fault fee of $100. EXCEPTIONS IMPOSED BY MANUFACTURERS Hewlett-Packard If the product fails within 30 days of it being invoiced to the final user of the product then it is considered to be Dead on Arrival (DOA). In this case please contact Direct Wholesale to arrange for a replacement product. If the product failure occurs outside this period, the product is considered to be a standard warranty call. In this case please contact Hewlett-Packard’s Customer Service on the phone number listed above (131147 or 131477) and place a warranty service call. SONY Any product that arrives damaged or fails shortly after sale to an end user is considered DOA. If the unit is complete and in original packaging Direct Wholesale can organise a replacement if contacted within 14 days. To organise a replacement under this scheme, contact Direct Wholesale. For incomplete product, DOAs which fall outside the above parameters, warranty repairs, upgrades and replacements contact Sony ITP Sales 1 800 226 429.
		18. RELEASE AND INDEMNITY You agree to waive any and all claims that you now have or may have in the future against Direct Wholesale and Direct Wholesale's Associates which relate to or are incidental to any transaction. You agree to indemnify and hold Direct Wholesale harmless from and against any and all claims, loss or expense that may be incurred by Direct Wholesale or Direct Wholesale's Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Direct Wholesale and Direct Wholesale's Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
		Direct Wholesale Terms and Conditions Last updated on January 12, 2003