Terms and Conditions

Introduction

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Star Sparky Online Pty Ltd (“SS”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from wwww.starsparky.com.au.

By placing an order for Goods from SS you agree to these Terms and Conditions. Please read the following Terms and Conditions carefully before placing your order.

The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions: “Account” means a personal account created by you on the Website; “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery Charges and estimated delivery times may vary for each Delivery Option; “Order” means an order for Goods, placed on the Website; “Password” means the password needed to access your Account; “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; “Website” means www.starsparky.com.au

2. Your Legal Right

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that SS represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. Pricing & Payment

1. Prices for Goods are as shown on the Website.
2. SS reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by SS.
3. In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
4. By placing an Order, you agree to pay the price for the Goods and any Delivery Charge.
5. All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
6. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Adyen’s E-commerce secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
7. We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction including, but not limited to, the use of 3D Secure.
8. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout, and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.

4. Order

1. You can place an Order by following the instructions on the Website.
2. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. SS may accept or reject your offer in its absolute discretion. In particular, but without limitation, SS may reject Orders for commercial quantities of Goods.
3. Each Order that you place will, if accepted by SS, be a separate and binding agreement between you and SS with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
4. If you place an Order for someone else to receive the Goods you must obtain their consent before providing SS with their personal information and, by placing an Order, you confirm to SS that you have done this.
5. Please ensure that you enter all information carefully when placing an Order. You warrant to SS that all information provided by you in relation to each Order is complete, true and accurate.
6. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by SS. SS will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
7. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), SS will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by SS, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Where you place separate order the Goods will be delivered separately and a separate Delivery Charge will apply to each order. SS cannot consolidate separate Orders into one delivery.
9. The internet can be an unstable marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
10. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), SS will not be liable to you, or any other person, for any loss, damage, cost or expense.

5. Delivery

1. We deliver to most areas in mainland Australia. Please refer to our Delivery Service page to check that you are in our delivery area. If you are not in our delivery area, please contact our Customer Service Team to discuss delivery options.
2. If you need to change the delivery address, please contact our Customer Service Team at least 48 hours.

6. Returns/Faulty or Damaged Goods

1. You should check your Goods as soon as they are delivered to you in order to ensure that:
   1. they are what you ordered; and
   2. they are not damaged or faulty. If this is not the case, you should contact SS as soon as possible.
2. When returning Goods:
   1. please provide SS with your proof of purchase;
   2. it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.