Terms and Conditions
Orders may also be faxed to us on 03 8415 1164 (or from overseas +61 3 8415 1164); faxed orders should include full delivery address details, payment information, a contact phone number and a contact email address.
We do not offer walk-in sales but customers are welcome to collect orders from our Melbourne offices when ready.
Please include a valid email address with all orders however placed - we request that this address not be a free email address as this may result in your order being delayed. Your email privacy is guaranteed - see section 4.2 below.
eXpansys endorses and conforms to the Australian Guidelines for Electronic Commerce as released by the Australian Treasury in March 2006.
These Terms and Conditions are applicable every time you access our website and/or order goods from us.
1.0 Order Acknowledgement, Acceptance, Payment and Delivery
1.1 All orders for products placed by you either online or by other means are subject to acceptance by us, and we may at our discretion accept or reject orders, or advise you of our inability to process your order for any reason. We may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone, fax or in person). Acknowledgement by e-mail of receipt of your order is usually automatically generated and does not constitute an acceptance of the order. You should ensure that the information you submit in your order is accurate and complete. Fulfilment of your order is dependent and conditional upon availability.
1.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
1.3 Prices shown on this website are in Australian dollars. New Zealand and overseas customers can refer to indicative exchange rates using the currency converter at Ozforex although the actual rate is set by your bank or credit card company.
1.4 Credit cards accepted are Visa, MasterCard and American Express. There is no surcharge on Mastercard, Visa or American Express but Diners Club cards attract an administration fee of 3% - we will contact you before applying this fee on your first order. We reserve the right to decline credit card payments (and/or request an alternative method of payment) at our discretion. Your credit card will not be debited until the day we ship your goods. If the card payment is declined by your issuer due to lack of funds available, we cannot hold goods against your order if there are other customers for the same goods who have available funds.
1.5 We also accept payment by bank transfer (EFT) into our Australian or New Zealand bank account, or by approved cheque - your order will not be processed unless the bank transfer reference or cheque includes your eXpansys order reference number and is cleared to our account. Note that a bank transfer or cheque order is not confirmed as accepted by us until payment has been received and the cheque has cleared, and also that if the ordered item is an "on request" item we will not procure it until the payment has been received. If an item is not in stock in our Melbourne warehouse when payment is received, and proves unable to be further procured, we will provide a full prompt refund. Should you cancel your order, we will provide a full refund within 30 days from the date of cancellation.
1.6 Payment via the PayPal third-party secure system is also accepted. Note that if payment is made via PayPal, your credit card is charged immediately by the PayPal organisation, regardless of whether or when stock is available. If you cancel or change your order and a refund is required, note that PayPal procedures may delay this longer than our normal service. Also note that any commission charged by PayPal to you in conjunction with placing an order is not refundable.
1.7 We also offer Flexirent facilities (in Australia) on purchases of PDA's and computers. If you would like to Flexirent your PDA or computer, just order online with Cheque as your payment option, and put "Flexirent" in the notes box. We will then contact you to provide monthly instalment rates and arrange approval.
1.8 Title to all goods supplied by us will not pass to the customer until payment in full has been received.
1.9 Australian GST is payable on packing/delivery charges. For a full schedule of packing/delivery prices (shown ex GST) click here.
2.0 Delivery
2.1 Whilst we make every effort to deliver goods in the timeframe we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timeframe. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
2.2 All items are subject to stock availability.
2.3 Our system automatically sends a "Shipped Order" email to your nominated email address when we ship your order. If your goods fail to arrive within 28 days of dispatch, and you have notified us of late arrival within 7 days of receiving email notification that your order has shipped, you will have the option of either a full refund or a replacement shipment, after we have investigated with the courier or postal service. Although we will use all best efforts, we cannot guarantee tracking of late deliveries beyond 14 days from the date of dispatch.
2.4 Where an incorrect address has been given to eXpansys with the order, or the courier is unable to deliver due to unavailability of anybody to sign for the delivery (they will leave an advice card in this case), or if you ask for the item to be redirected after we dispatch it, we will need to charge for any extra delivery costs incurred. We cannot be responsible if an item goes missing due to changes in delivery instructions after the item has been shipped, or if you have given us an incorrect address and the item has been delivered and accepted at that incorrect address.
2.5 If your package has been delivered to the address nominated by you, then our delivery responsibility has been completed. If you have chosen "Mail - non-trackable" as your delivery option, then our delivery responsibility has been completed when we despatch your order.
2.6 If you stipulate that your order must be delivered to a post office, or should be delivered to a post office if nobody is available to sign, then we will at our discretion ship via insured registered Australia Post mail. We also may ship via Australia Post Express Post at our discretion, or upon customer request when practicable.
2.7 Where you choose to collect your order from our Melbourne premises, we may ask you for proof of identity (usually your credit card and an acceptable form of picture ID) when collecting your goods.
3.0 Returns
3.1 If your goods arrive faulty or damaged, or a fault becomes apparent in the first 14 days after delivery, we will at our discretion either provide a full refund or dispatch new goods as soon as possible after the faulty goods have been returned and confirmed as faulty. Note that this may not apply to mobile phones or computers if the manufacturer warranty excludes this avenue.
3.2 Please carefully check specification and compatibility with your requirements prior to purchasing. If the goods are not faulty you have 14 days from the day after the goods are dispatched to cancel the order and return the goods for a refund (click here to find out how to return goods). We do not accept non-faulty returns on mobile phones, PDA's, digital cameras and computers. We also do not accept non-faulty returns on items purchased as quantity >1 and/or special order items, or on clearance/discontinued items, or on "firm sale" conditions or where you purchased despite our adverse recommendation. Goods must be in original packaging and in pristine condition; a restocking/administration fee of 10% applies for all not faulty/unwanted returns, and up to 50% if the item including packaging is not in as-new condition. A refund will be provided within 30 days. The refund is based upon the current web price except if the item was purchased on special pricing. Return shipping is at the customer’s expense.
3.3 If any goods returned for any reason are not faulty and the goods have been opened, a restocking fee of between 10% and 50% may apply (we will notify you first).
4.0 GST and Import Duty
4.1 Where a price for a product is listed twice, with the second price having "(exc)" after it, then the first price includes GST and is the price that will be charged in every case. The (exc.) price is the price excluding GST and is shown only to assist those organisations that budget on an ex-GST basis.
4.2 GST for Australian orders is charged at the current prevailing rate for Australia (currently 10%). Documentation in the form of a "Tax Invoice" is enclosed with the goods to confirm that GST has been charged and the rate which has been applied. Our Australian Business Number (ABN) - 44 573 637 460 - is clearly shown on all invoices.
4.3 Under Australian taxation rules, GST is applicable to the charges of all couriers and forwarders.
4.4 For New Zealand orders and all other countries outside of Australia - no GST is charged by us on your order (but please note section 3.5 following).
4.5 If we are shipping outside Australia, many countries including New Zealand charge duty and /or taxes on goods at the point of import. These will normally be collected by the courier used to deliver your goods - this is a charge levied by your government, not by eXpansys, and we have no control over it. Our experience has been that orders valued at over $500 (including shipping cost) virtually always will have NZ GST charges required to be paid to the delivering body (eg DHL, NZ Post) before the package is handed over to the customer. Orders valued at less than $500 may or may not have GST applied. Note that eXpansys cannot artificially understate the value of an order, and will not refund delivery costs in either direction should goods need to be returned due to customer refusal to pay NZ GST if requested.
4.6 For customers departing Australia within 30 days from invoice, the GST component of your purchase valued at over $300 may be reimbursed at the point of your departure (eg airport) - check with us for details.
5.0 Privacy
5.1 We do collect the information given at the time of your order. This information is not disclosed to any third party and is collected by eXpansys Limited.
5.2 We normally do not email customers except in connection with your order; you will receive no emailed newsletters, special offers or other email, unless you request us to do so by checking the relevant boxes while ordering, or specifically requesting us in writing to do so. From time to time your address details may be used for postal marketing by us.
5.3 All information is collected lawfully and in accordance with the Australian Federal Privacy Act 1998 and the Privacy Amendment (Private Sector) Act 2000.
5.4 If you wish to opt out of any postal marketing please email your details to administrator@expansys.com
5.5 If you have any questions about information privacy at eXpansys please contact administrator@expansys.com
6.0 Security
6.1 On order processing pages we use a 1024-bit certificate which provides maximum security for your transaction.
6.2 If you have any questions about security at eXpansys please contact administrator@expansys.com
6.3 We will take all reasonable and legally-required precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
7.0 Pricing, product description and availability
7.1 Whilst we endeavour to ensure the prices on our website are as accurate as possible, we reserve the right to change a price for ordered goods in exceptional or uncontrollable circumstances. If a price for an ordered item is corrected due to exceptional or uncontrollable circumstances, customers will be informed of the change before payment is processed and offered the opportunity to cancel the order.
7.2 Because of the dynamic nature of technology and markets (e.g. exchange rate variations and other variables beyond our control), prices, versions, product details and availability are subject to change on a continual basis without prior notice. Prices can and do change from day to day; if a price at the time of ordering is higher than a previously-shown price then the price at the time of ordering is the one that applies.
7.3 If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer the opportunity for the customer to instead either receive the best-possible discount or to cancel the order.
7.4 Prices on orders for pre-release items are valid for one week after the order is placed. If the price changes when stock becomes available, customers will be informed of the change before payment is processed, and offered the opportunity to confirm or cancel the order.
7.5 Prices on "Deal of the Day" items apply only to orders placed within the 24-hour period that the special offer is shown (normally 2am to 2am AEST); the special offer price does not apply to orders placed before or after this period.
7.6 Where stock availability for an item states a quantity "In Stock Now" then we have stock available in our Melbourne warehouse, to be allocated to confirmed valid orders in date priority. Where stock availability for an item states a quantity "In Stock" followed by the words "- x Days This product is at our central warehouse and should be shipped in x days" then the stock is available in an overseas eXpansys warehouse, and the number of days is a fair estimate of when the item would arrive into our Melbourne warehouse and be then shipped to you.
7.7 Stock availability on our website and order confirmations is generated by our system taking into account current stock levels, customer backorders, products already in transit from suppliers or from another eXpansys warehouse, and information provided by suppliers for pending deliveries. Although as accurate as possible and generally reliable, they are estimates only which can be affected by many factors, especially unforeseen manufacturing delays or product discontinuations. eXpansys offers these estimates in good faith but we cannot be held responsible should estimated and actual times vary, or if a product is discontinued or superseded by a manufacturer.
7.8 Descriptions and specifications of products shown on our website are taken directly from information supplied by manufacturers. Products are supplied as named and described. Where a product description is acompanied by an illustration of the packaging or product itself, that illustration is for illustrative purposes only and may not look absolutely identical to the product to be supplied; if the exact appearance of the product or packaging is essential to be identical then you should make that clear to us in writing at the time of order. This also applies if you don't want a barcode label on the packaging.
7.9 Because eXpansys operates in many different countries, occasionally products may inadvertently appear on our Australian and New Zealand websites that we are not able to sell here for technical, regulatory or commercial reasons. Appearance of these items is not intentional and we reserve the right to remove them without notice and/or decline any orders received for them.
8.0 Liability
8.1 We shall not be liable to you or any related party, whether in contract, tort (including negligence) or otherwise, for any business or personal loss including loss of profits (whether direct or indirect), data, revenue, goodwill, convenience, equipment/device/machinery/vehicle functionality, travel arrangements, third party claims or for any other incidental or consequential loss, that you may suffer as a result of the purchase, use or ordering of, goods from us. Any other liability shall be limited to the price paid for the goods. We do not exclude our liability for death or personal injury.
8.2 You will not export any goods purchased from us in contravention of Australian or United States of America export controls.
9.0 Business and Government Customers
9.1 If you have a credit account with us payment is due 30 days after the date of our invoice and we may charge interest for late payment calculated daily at 4% above National Australia Bank base rate both before and after judgment. Collection costs if incurred are also chargeable.
9.2 Credit accounts to businesses are not offered by us as a matter of course and are subject to application. Government customers can place official purchase orders on a credit account basis; purchase orders are subject to verification.
9.3 Invoices to credit customers are payable to eXpansys Australia via its Australian legal entity (ABN 44 573 637 460).
10.0 Deal of the Day
10.1 Our Deal of the Day feature is a 'loss leader' promotional tool that we use to make superb offers to end users. It is not intended for trade or corporate customers so it is limited to one unit at deal of the day price from the same customer.
10.2 Prices on "Deal of the Day" items apply only to orders placed within the 24-hour period that the special offer is shown (normally 2am to 2am AEST); the special offer price does not apply to orders placed before or after this period.
11.0 Installation of equipment
11.1 Installation of equipment, including car kits, must be carried out by a suitably qualified professional technician. eXpansys cannot be held responsible for any costs associated with the installation or subsequent removal of equipment, or damage caused during installation.
12.0 General
12.1 We reserve the right to decline any order for any reason.
12.2 These terms are governed by the laws of Australia and any disputes will be decided only by the courts of Australia.
12.3 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
12.4 We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party.
12.5 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
12.6 These terms and conditions govern the entire trading relationship between you and ourselves and will remain in force for the duration of our trading relationship.
12.7 All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors.
12.8 Any unauthorised use of material on this site is strictly prohibited.
12.9 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements (updated July 2007).
12.10 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
13.0 Forums
13.1 The forums are available for everyone - you do not have to be an eXpansys customer to use the forums. The content of the forums represents the forum users, it expressly does not represent the views of eXpansys or its staff, and eXpansys cannot be held responsible for the views and the comments expressed in the forums.
14.0 E&OE
14.1 Errors and omissions must be excepted.
15.0 No effect to statutory rights
The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.