Terms and Conditions
TERMS & CONDITIONS FOR RETAIL CUSTOMERS
Overview of business conditions.
In these Terms and Conditions (Terms ), the following words and phrases shall have the following meanings:
1.1 "Buyer" means the person, firm or company who purchases goods from the company;
1.2 "The Company" means “www.refurbiphones.com.au”, “RefurbiPhones.com.au” which may be interchangeable in this document. They all mean Refurb iPhones:
1.3 “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
1.4 “Goods” means any goods agreed in the Contract form to be supplied by the Company to the Buyer;
1.5 'Place of Delivery' means the place to which the goods are to be delivered.
In these Terms and Conditions, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
3. Electronic Communications
3.1 When you visit or send emails to www.refurbiphones.com.au , you are communicating with RefurbiPhones.com.au electronically. You consent to receive communications from RefurbiPhones.com.au electronically. RefurbiPhones.com.au will communicate with you by e-mail or by posting notices on this website. You agree that all conditions, agreements, notices, disclosures and other communications provided to you electronically satisfy any requirement that such communications be in writing.
4. Copyright and Database Rights
4.1 All content included on the Website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of RefurbiPhones.com.au or its content suppliers. The compilation of all content on this website is the exclusive property of RefurbiPhones.com.au. All software on this website is the property of RefurbiPhones.com.au.
4.2 You may not systematically extract and/or re-utilize parts of the contents of the website without RefurbiPhones.com.au expressed written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Refurb iPhones’s expressed written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without Refurb iPhones’s expressed written consent.
4.3 This site and its web contents, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorization is obtained from RefurbiPhones.com.au.
4.4 RefurbiPhones.com.au respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
5.1 All trademarks not owned by RefurbiPhones.com.au appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RefurbiPhones.com.au.
6. Licence for website access
6.1 This site and its web content, which includes but is not limited to, text, photographs, icons and all other images, are protected by copyright. Any copying, reproduction or adaptation of such copyright works for commercial purposes is strictly prohibited unless prior written authorization is obtained from RefurbiPhones.com.au.
6.2 RefurbiPhones.com.au grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent from the Company. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
6.3 You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of RefurbiPhones.com.au without expressed written consent. You may not use any meta-tags or any other "hidden text" using RefurbiPhones.com.au names or trademarks without obtaining written authorization from RefurbiPhones.com.au. Any unauthorized use terminates the permission or license granted by RefurbiPhones.com.au.
7. Use of the Site
7.1 In order to maintain website reliability and integrity, maintenance works may need to take place regularly. Such works may affect your site usage, and may interrupt your access to the website. We will do our best to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.
7.2 You must not use the website in a way that causes, or is likely to cause, the website, or access to it, to be interrupted, damaged or impaired in any way.
7.3 You understand that you, and not RefurbiPhones.com.au, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
7.4 You must not use the website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
7.5 You must not send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; to cause annoyance, inconvenience or needless anxiety.
8. Your Account
8.1 If you use the website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur within your account or with your password. You should take all necessary steps to ensure that your password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
8.2 Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the 'My Account' area of the website or by notifying us.
8.3 RefurbiPhones.com.au reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order from your Account, it will be without charge to you.
9. Site Content and User Comments
9.1 While information on this site is believed to be correct at the time of inclusion, there may occasionally be typographical errors, inaccuracies or omissions related to product descriptions, pricing and/or availability. We reserve the right to correct any errors, inaccuracies or omissions or to change or update information on this site at any time without prior notice (including after your order submission). This site and its contents are provided to you on an “as is” and “as available” basis. We make no warranties or representations, express or implied, related to this site or its contents.
9.2 This site and its contents are protected by copyrights, trademarks, trade dress and/or other intellectual property rights which are and will at all times remain owned, controlled or licensed by or to us. You are not entitled to exercise or benefit from any such rights. You may not publish, transmit, distribute, modify, sell or participate in the sale of, in whole or in part, any of the contents on this site or related software.
9.3 We attempt to display the merchandise shown on our site correctly and accurately. The actual colors you see will depend on the monitor that you are viewing. We cannot guarantee that the color shown is exactly the same as the product you receive after purchase.
9.4 RefurbiPhones.com.au lists thousands of products for sale on the website and hosts reviews submitted by customers, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, RefurbiPhones.com.au operates on a "notice and take down" basis. If you believe that any content or advertised sale on the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, RefurbiPhones.com.au will make all reasonable endeavors to remove the defamatory content within a reasonable time.
9.5 Any content or submitted material posted by you and unless we indicate otherwise, you grant RefurbiPhones.com.au a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant RefurbiPhones.com.au the right to use the name that you submit in connection with such content, if we choose. You agree to perform all further acts necessary to waive any of the above rights, including the execution of deeds and documents, at the request of RefurbiPhones.com.au.
9.6 You own or otherwise control all of the rights to the content that you post provided that, at the date the content or material is submitted to RefurbiPhones.com.au: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable RefurbiPhones.com.au policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify RefurbiPhones.com.au for all claims brought by a third party against RefurbiPhones.com.au or its affiliates, arising out of, or in connection with, a breach of any of these Terms and Conditions.
10. Our Contract
10.1 Your contract is with RefurbiPhones.com.au. The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
10.2 Your order is an offer to RefurbiPhones.com.au to make a purchase of the ordered item. After you place an order to purchase goods from RefurbiPhones.com.au, we will send you an order acknowledgment by e-mail, confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). Pleases note the Order Confirmation does not confirm acceptance of your offer to buy the goods ordered. Acceptance of your order and the completion of the contract of between you and us will take place when we dispatch the goods you have ordered to you and send e-mail confirmation to you that we have dispatched the goods to you (the "Dispatch Confirmation E-mail"), unless we have notified you that we do not accept your order or you have cancelled it in accordance with our Cancellation and Return Policy.
10.3 Under certain circumstances that we cannot control, while we may have accepted your payment of your order, we may need to notify you that we cannot accept your order or the order has been cancelled in accordance with our Cancellation and Return Policy. Under this circumstance, your payment for that order will be refunded accordingly.
10.4 In case there is unlikely event that incorrect price shown on the website, RefurbiPhones.com.au reserves the right not to fulfill and cancel your order. You will be, under such circumstance, be given the choice to proceed with the order at the correct price.
10.5 Please mention specifically when you have any questions before placing an order. In proceeding with your purchase, buyers are deemed to have fully read, understood and accepted our Terms and Conditions.
11. Product Information
11.1 While we attempt to ensure the product information shown on our website is accurate, we do not that guarantee product description or other content on our website is 100% accurate, current or error free.
11.2 There may be a small difference occur in the packaging or on the material in comparison to the website.
11.3 All information about the products on the website is provided for informational purpose only. We recommend you not to rely solely on the information displayed on our website
11.4 If you receive a product from RefurbiPhones.com.au and find it is not as described, your sole remedy is to return it an unused condition in accordance to our Cancellation and Return Policy.
12. Pricing & Availability
12.1 We list availability information for products sold by us on the website page, including on each product information page. Beyond what we say on the page or otherwise on the website, we cannot be more specific about availability. We try to keep most products in stock at all times, but due to unforeseen circumstances, we do run out of stock sometimes. If any products you order turn out to be unavailable, we will inform you by email as soon as possible and you will not be charged for those products. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
12.2 We cannot confirm the price of an item until you place your order. While we make our best effort to make our pricing as accurate as possible, a small number of the thousands of products listed on our website may be miss priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either give you the option of reconfirming your order at the correct price or cancel your order with full refund and notify you of such cancellation. In the event that you do not reconfirm the order at the correct price within a designated deadline, we have the right to cancel your order and you will receive a full refund.
13.1 All payments must be received in full prior to the goods being shipped.
13.2 The buyer shall be entitled to make payment for the goods pursuant to the various payment methods set out in www.refurbiphones.com.au . The terms and conditions applicable to each type of payment, as contained in RefurbiPhones.com.au website, shall be applicable to the Contract.
13.3 RefurbiPhones.com.au accepts various payment method options. Click here to view the list of acceptable payment methods.
14.1 Delivery of the goods shall be made to the address specified by the buyer in its order.
14.2 Any dates quoted for delivery of the goods are approximate only. The time for delivery/performance shall not be of the essence, and RefurbiPhones.com.au shall not be liable for any delay in delivery or any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods nor will any delay entitle the buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
14.3 In the event of force majeure and other unforeseeable, extraordinary and involuntary circumstances such as weather, breakdowns by fire, water and similar circumstances, failure of machinery and equipment, strikes and lockouts, shortage of materials, energy, transportation and custom check that cause an delay in delivery time, RefurbiPhones.com.au shall not be liable for such delay in delivery or any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the goods.
14.4 If the buyer fails to take delivery of the good, then without prejudice to any other right or remedy available to RefurbiPhones.com.au, RefurbiPhones.com.au reserves the right to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the buyer for any shortfall below the price under the Contract; or terminate the Contract and claim damages.
15. Cancellation & Return
Before placing an order, please read below for RefurbiPhones.com.au cancellation policy.
- Change of mind – once you have checked out, we will process your order immediately. Therefore, we do not accept cancellation with reasons such as, but not limited to change of mind, not sure about policy (which we already included on our webpage), etc. Also no change of order is allowed unless the item you require is out of stock.
- Shortage of stock – If the item you purchased is shortage or no longer available, you can choose to cancel and receive refund.
- Duplicated order – sometimes we may receive duplicated orders due to varies issues. We will cancel the duplicated order for you as per your request.
- Color choices – once you have placed your order, if we find out that we do not have the item you need indicated in your order, we will suggest if you want to switch to other available color choice or similar models or have order canceled. We will respect your decision.
- Outside Australia/New Zealand – We only accept order within Australia or New Zealand. Orders placed outside these two countries will be cancelled.
- Place another new order to replace original order - We may not be able to modify everything on your order including payment details, so if you would like to cancel the original order to place another order with another payment method which include your payment information, we will only cancel your original order after you placed a new order.
- Any testing or fraud order would be banned from our website and automatically cancelled.
- If we cannot contact you and confirm your identification within 5 working days after you place the order, your order will be automatically cancelled.
- Important: Do not open the covered iPhone. Opening the covered iPhone may cause damage that is not covered by our warranty and will void the warranty. Only expert technicians from refurbiphones.com.au or an authorized service provider should perform service on the covered iPhone.
- The phones that we offer are all unlocked for use in Australia and New Zealand. Phones may not be able to be connected to any other carriers out of these areas and returns will not be accepted base on any connectivity issue experienced outside New Zealand and Australia.
- We may replace any phone parts with third party manufactured components to make sure the phone is in normal working condition prior to selling to clients.
- All faulty phones must be returned without icloud or passcodes locked.
- If phones are found to be locked with passcodes or icloud activated, we will charge a minimum $50 AUD as administration cost.
- If phones are returned with passcode or/and icloud activated, we cannot carry out any warranty service and item will be returned to customer.
- All phones must be returned with all accessories included in the original package. We reserve the right to refuse refund or warranty request if there is a lack of accessories returned to our warehouse.
16. Import, VAT & Customs
16.1 To simplify the process of buying internationally, RefurbiPhones.com.au choose to handle the process of custom clearance for customers. By purchasing products through Refurb iPhones, you authorise Refurb iPhones to make arrangements for clearance of customs on your behalf for the products in your order. As importing products from overseas can be a hassle for most of our customers, we organise this process for you. We then provide you with fast local shipping to deliver the goods to your door. As a result, prices shown on this website are the final total you have to pay to have the order delivered to your door, without any hidden charges and customs delay.
16.2 After 3 month of receiving the goods and clearing customs, RefurbiPhones.com.au will not be held responsible for any custom related fees.
17. Losses and Limitation of Liability
17.1 RefurbiPhones.com.au liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the total value of the goods delivered under the terms.
17.2 RefurbiPhones.com.au will be responsible for any losses you suffer as a result of us breaching these conditions, if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to either you or us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
17.3 RefurbiPhones.com.au and its affiliates are not liable for any damages, claims, losses, costs or expenses of any kind arising from your use of this website or from any medium of communication with www.refurbiphones.com.au , or from any information, content, materials, products, (including software) or services included on or otherwise made available to you through www.refurbiphones.com.au .
18. Governing Law and Jurisdiction
18.1 If any part of these Terms and Conditions is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms and Conditions. They will otherwise remain in full force and effect.
19. Alteration of Service or Amendments to the Conditions
19.1 RefurbiPhones.com.au reserves the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies of Conditions of Use & Sale in force at the time that you use the website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed sever-able and will not affect the validity and enforce-ability of any remaining condition.
20.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
21. Recycling & Disposal
21.1 All Waste Electrical and Electronic Equipment (WEEE) and Waste batteries including rechargeable batteries must be recycled and should not be placed in any of your waste disposal or recycling bin.
22.1 RefurbiPhones.com.au does not sell products to persons under the age of 18, although we do sell children's products for purchase by adults. If you are under 18, you may use RefurbiPhones.com.au only with the involvement of a parent or guardian.
23. Our details
23.1 www.refurbiphones.com.au is the trading name for UDS Limited incorporated in Hong Kong. Registered Address: Unit A & B, 27/F, Billion Plaza II, 10 Cheung Yue Street, Cheung Sha Wan, Kowloon, Hong Kong. This address does not accept any return of goods.