Terms and Conditions

Conditions of Use & Conditions of Service

Your use of the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this Terms and Conditions of Use and the Privacy Notice.

Before you can use the Site, you must read and accept all the terms and conditions contained in this Terms and Conditions of Use and the Privacy Statement.

If you do not agree to any of the terms and conditions contained in this User Agreement or the Privacy Notice, you must not use the Site. Your use of the Site to Request Service and or purchase Goods constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to be bound by this User Agreement and the Privacy Notice (as amended from time to time).

  1. General
    1. Fix Your Gadgets may amend the terms and conditions of this Terms and Conditions of Use and the Privacy Notice from time to time by posting the amended terms and conditions on the Site. Unless otherwise stated, all amended terms and conditions will be effective from the time of posting. As you are bound by this Terms and Conditions of Use and the Privacy Notice, you should review the Site periodically for any amendments. Your continued use of the Site to Request Service and or purchase Goods after Fix Your Gadgets has posted the amended terms and conditions on the Site constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to be bound by the amended Terms and Conditions of Use or/and the Privacy Notice.
    2. This Terms and Conditions of Use and the Privacy Notice constitute the entire agreement between you and Fix Your Gadgets with respect to your use of the Site to Request Service and or purchase Goods. No other terms apply.
  2. Security
    Communication and SSL Certificate All transactions on the Site where you provide personal information use Secure Socket Layer (SSL) encryption. SSL codes information transferred between you and Fix Your Gadgets and makes it unreadable to any third party attempting to intercept that information. All your personal information will be protected with 128 bit SSL or higher.
  3. Australian sales only
    Generally, Fix Your Gadgets only accepts orders within Australia. International orders will not be accepted unless payment is made via Bank transfer.
  4. Minimum age
    To use the Site you must be able to form a legally binding contract. This means that you must be at least 18 years of age before you are able to sell or buy an item on the Site. You must not use the Site if you are under 18 years of age or are otherwise legally prohibited from entering into binding contracts.Should Fix Your Gadgets suffer any damage or other losses as a result of a transaction entered into by a minor, Fix Your Gadgets reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any such order to be placed.
  5. Request of Service
    In bring in my electronic device for repair and maintenance at Fix Your Gadgets, you understand and agree to the followings:
    1. Fix Your Gadgets will under no circumstances be liable for any indirect, incidental or consequential damages as a result of attempting to repair the device, including but not limited to loss of data, lost of revenue, loss of profits on contracts, or any costs of recovering the data or have the data restored. Regardless whether the damage is hardware or software
    2. Fix Your Gadgets will not responsible for backing up any data, installed software or other information unless requested to do so in advance and you agreed to pay the associated fees for such work to be performed, you are responsible for making sure that any critical data is backed up before bringing the device in
    3. You agree to release and indemnify Fix Your Gadgets and its Representatives in respect of any Claim which may be brought against Fix Your Gadgets or its Representatives or any Loss which Fix Your Gadgets or any of its Representatives pays, suffers, incurs or are liable for, as a direct or indirect result arising from the repair requested
    4. To the extent permitted by law, Fix Your Gadgets’ liability for breach of any implied warranty or condition which by operation of Div 2 Part V of the Trade Practices Act 1974 (Cth) cannot be excluded, is restricted, at Fix Your Gadgets’ option, to the following: (i) the refix of the service requested and or re-supply of the Goods offered by Fix Your Gadgets; or (ii) the payment of the cost of having such Goods re-supplied
    5. Unless your device is repaired under warranty, you will pay Fix Your Gadgets the amount invoiced. Your payment is due before your device is returned to you. Unless specified otherwise, the estimated amount includes all parts, labour and GST.
    6. If you have not collect your device and paid all charges due within sixty (60) days after being notified by Fix Your Gadgets that your product has been repaired, Fix Your Gadgets will consider your product abandoned. Fix Your Gadgets may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your device at a private or public sale without liability to you. Fix Your Gadgets reserves its statutory and any other lawful liens for unpaid charges
  6. Order
    By placing an order you acknowledge and agree that you are making an offer to Request Service and or purchase the Goods you have selected at the price and delivery charges specified on the Site for those Services and Goods.You warrant that all information that you provide to Fix Your Gadgets:
    1. is true, complete, accurate and not misleading;
    2. does not infringe any third party rights and privacy; and
    3. does not contain any material which may interfere with the proper working of the Site.
    4. You acknowledge and agree that no information on the Site constitutes or should be deemed as an offer by Fix Your Gadgets to provide any Service and or supply any Goods. A binding contract to provide the Services and or supply the Goods is formed when Fix Your Gadgets notifies you that your order has been accepted and receipt of your payment is confirmed.

     Fix Your Gadgets reserves the right, in its sole discretion, to accept or reject your offer for any reason, and without liability.

  7. Pricing and quotation
    Prices offered on Fix Your Gadgets’ website are subject to change at any time without notice. When your Service Request has been placed, the prices quoted are guaranteed for 14 (fourteen) days. If your device(s) are received after 14 (fourteen) days from the ‘order submitted date’ then the up-dated current prices may apply.If the device(s) received differs to the device(s) registered on-line, the order will not be processed. Fix Your Gadgets will notify you via email of the variation in price and a quotation will be sent to you based on the issues of the device(s) received.

    You are required to confirm on the quotation should you agree to the quotation given.

    Fix Your Gadgets will confirm acceptance of your order only after your confirmation is received.

    In the case the quotation sent to you is not being accepted by you, and you do not wish to proceed with the Service Requested, Fix Your Gadgets will return the device(s) to you. You are required to pay the returning freight cost before the device(s) will be sent back to you.

    Fix Your Gadgets will not be liable for any lost or damage in transit. However, all care will be taken. Returning device(s) will be sent back to you with tracking number.

  8. Payment for service requested
    Fix Your Gadgets will only commence work once payment for the Service Requested is paid. A tax invoice will be sent to you via email. Upon receipt of payment, Fix Your Gadgets will confirm acceptance of your order.Fix Your Gadgets does not accept company, bank or personal cheques.

    Services and Goods may be paid by:

    1. bank deposit
    2. internet transfer
    3. PayPal
    4. Visa Cards, MasterCard, Bank Card and American Express
  9. Delivery
    All orders and returning device(s) are shipped with by either Australia Post (Registered) or by courier service with tracking number.Delivery times are indicative only and are subject to the complication of the Service Requested, stock availability and or the availability of parts. Fix Your Gadgets will use reasonable efforts to deliver the Service Requested and or the Goods to you within the scheduled delivery time but Fix Your Gadgets does not guarantee that the Service Requested and or the Goods will be delivered to you within the scheduled delivery time. Fix Your Gadgets cannot be held liable for failure to meet scheduled delivery times or any losses or inconvenience caused as a consequence.
  10. Title and risk
    All risk and title in the returning device(s) and or the Goods will pass to you at the time the returning device(s) and or the Goods are dispatch to the nominated delivery address. Fix Your Gadgets undertakes to provide adequate packaging and a reliable delivery service but Fix Your Gadgets will not be responsible for any damage or loss of the returning device(s) and or the Goods in transit.
  11. Returns policy
    You have 7 days from the date of delivery to inspect the returning device(s) and or the Goods and notify Fix Your Gadgets of any issues with the returning device(s) or defects of the Goods purchased (as defined by the manufacturer’s warranty). Fix Your Gadgets will endeavour to refix the Serviced device(s), if the device(s) was sent to us for repair, and replace the defective purchased Goods, if the Goods were purchased on Fix Your Gadgets’ Site as brand new.For Fix Your Gadgets is not responsible for any warranty service of brand new Goods if it is not notified within 7 days from the date of delivery. In that event, you must direct all claims for warranty service to the manufacturer.

    Please choose your purchase carefully. Fix Your Gadgets does not give refunds if you simply change your mind or made a wrong selection. Refunds will only be provided if Fix Your Gadgets cannot replace defective Goods.

  12. Pricing of Service Requested, Goods and discontinued Goods
    Prices of Services, Goods and delivery charges are current at the time of issue. Fix Your Gadgets reserves the right, in its sole discretion, to vary prices of Services provided, Goods and discontinue particular Goods at any time without notification.
  13. Copyright and trademark
    1. You expressly acknowledge and agree that copyright in all the information and content available on the Site (Content) (whether as a compilation of information or otherwise) is owned by Fix Your Gadgets. The Content is for your personal and non-commercial use only. You may interact with the Content and/or obtain/download a single copy of a portion of the Content for your personal, non-commercial use. However, you must not reproduce, sell, publish, distribute, modify, display or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Fix Your Gadgets.
    2. You expressly acknowledge and agree that the Site contains certain trademarks or service marks owned by Fix Your Gadgets. You must not copy, use or otherwise disparage, discredit, infringe upon or dilute these trademarks or service marks, or use these trademarks or services marks in any manner that is likely to cause confusion to the public.
  14. Other websites
    The Site may contain links to other websites which are not maintained or controlled by Fix Your Gadgets or its Representatives (Third Party Websites). Third Party Websites are not part of the Site and are not governed by this Terms and Conditions of Use and the Privacy Notice.
  15. No warranty
    You expressly understand and agree that use of the Site is at your own risk. The Site is provided on an “as is” and “as available” basis. Fix Your Gadgets does not make any representations or warranties of any kind, whether express or implied, regarding the Site, the Goods listed on the Site and Third Party Websites, including without limitation:
    1. regarding the merchantability or fitness for a particular purpose;
    2. regarding the accuracy, reliability and completeness of information contained on the Site and Third Party Websites; and
    3. that your access to the Site and Third Party Websites and will be continuous, uninterrupted, timely, secure, virus free and fault free.
  16. Indemnities and limited liabilities
    1. You release and indemnify Fix Your Gadgets and its Representatives in respect of any Claim which may be brought against Fix Your Gadgets or its Representatives or any Loss which Fix Your Gadgets or any of its Representatives pays, suffers, incurs or are liable for, as a direct or indirect result, however arising or referable to:
      1. your use of, or access to the Site or your inability to use or access the Site;
      2. your breach of any terms and conditions contained in this Terms and Conditions of Use;
      3. any other claim, action, demand or proceeding by a third party, caused or contributed to by you;
      4. your use of, or access to Third Party Websites, or your inability to use or access Third Party Websites; or
      5. Fix Your Gadgets’ delivery of the Goods under this Terms and Conditions of Use.
    2. To the extent permitted by law, Fix Your Gadgets’ liability for breach of any implied warranty or condition which by operation of Div 2 Part V of the Trade Practices Act 1974 (Cth) cannot be excluded, is restricted, at Fix Your Gadgets’ option, to the following:
        1. the refix of the service requested and or re-supply of the Goods offered by Fix Your Gadgets; or
        2. the payment of the cost of having such Goods re-supplied.
  17. Privacy (refer to Privacy Notice for more details)
    1. Fix Your Gadgets may collect, use and disclose personal information strictly in accordance with the Privacy Notice (as amended from time to time).
    2. Please see the Privacy Notice for a complete description of how Fix Your Gadgets may collect, use, disclose and manage your personal information, as well as how to exercise your right to access personal information Fix Your Gadgets holds concerning you. If you do not agree to your personal information being collected, used and disclosed in the manner specified in the Privacy Notice, please do not accept this Terms and Conditions of Use and do not use the Services.
  18. No agency
    No agency, partnership, joint venture, independent contractor, employer-employee relationship is intended or created by this Terms and Conditions of Use.
  19. Governing law and jurisdiction
    1. This Terms and Conditions of Use is governed by the laws of Victoria and must be construed pursuant to them.
    2. You hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
  20. Prohibition and enforceability
    1. Any provision of this Terms and Conditions of Use which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
    2. Any provision of this Terms and Conditions of Use which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remainder of this Terms and Conditions of Use which will continue in full force and effect in that or any other jurisdiction.
  21. Waiver
    1. Waiver of any of Fix Your Gadgets’ rights arising from a breach of this Terms and Conditions of Use by you must be in writing and signed by Fix Your Gadgets.
    2. A failure or delay in exercise, or partial exercise, by Fix Your Gadgets, of a right arising from a breach of this Terms and Conditions of Use by you does not result in a waiver of that right or power by Fix Your Gadgets.
    3. You are not entitled to rely on a delay by Fix Your Gadgets in the exercise or non-exercise of a right arising from a breach of this Terms and Conditions of Use by you as constituting a waiver of that right, power, authority, discretion or remedy.
  22. Definitions
    1. Claim means any claim or cause of action (including, but not limited to, in contract, in tort or under statute) in respect of or in connection with this Terms and Conditions of Use or the Services;
    2. Loss includes any damage, loss, claim, action, liability, cost, expense, outgoing or payment;
    3. Fix Your Gadgets means Fix Your Gadgets of Shop 21, 300 Point Cook Rd, Point Cook, Victoria 3030, Australia;
    4. Privacy Notice means Fix Your Gadgets’ privacy policy statement as amended from time to time, a copy of which is available on the Site;
    5. Representative means, in respect of a party, any person acting for or on behalf of the party and includes any director, employee, agent, authorised representative or contractor of that party;
    6. Goods means the goods listed on the Site; and
    7. Site means the domain and sub-domains of www.fixyourgadgets.com.au