Terms and Conditions - Ahatech.com.au

Welcome to Ahatech.com.au!

Ahatech.com.au is a unique, all Australian owned and operated shopping platform that allows you to buy goods from a wide range of sources. You can not only buy what you want directly from us, but we also allow third party retailers and suppliers to list and sell goods directly to you through our site in what we call our marketplace – so you can enjoy thousands great deals on a massive range of products!

Here you’ll find our terms and conditions that apply to you when using the site. We hope you enjoy your next purchase with us!

User Agreement
1. By using the ahatech.com.au website and our social media pages (“Website”) you accept these terms and conditions (“Agreement”) and our Privacy Policy. This Agreement is between you and ahatech.com.au Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
Specific terms applicable to marketplace sales
1. In addition to selling its own goods and services, ahatech.com.au also operates as a marketplace platform that allows independent, third party sellers who abide by our standards to list and sell goods on our Website (“Sellers”). If goods on the site are being sold by a third party, the listing will contain the Seller’s details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).
2. By buying these goods, you are transacting directly with the Seller, and ahatch.com.au is not a party to the transaction. As a result, we do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.
3. In addition to terms applicable to goods we sell, these terms also set out terms applicable to goods sold by third party Sellers.
4. You agree that as a platform for independent Sellers, we are not responsible for the transactions that occur between you and the Seller, nor are we responsible for the Seller’s goods or services to the extent permitted by law, Ahatech.com.au makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller. Nothing in this clause is intended to have the effect of restricting or modify your rights or our obligations that cannot be restricted or modified by law (including the Australian Consumer Law).
Registration and User Requirements
1. You must be a registered member to access some features of the Website or our services. When you register, you will provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
2. By using the Website and its associated functionality, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
3. To register an account or to use the Website you must be at least 18 years old, have a current Australian residential address and have capacity to enter into a legally binding agreement with us.
Access and use of the Website
1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
2. You must not (or attempt to):
  1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
  2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
  3. interfere (or attempt to interfere) with security-related or other features of our site; or
  4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. If you have an account with us, you are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
4. You must not use another member’s account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
Information on this Website
1. Information about goods on the Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.
2. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
3. Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.
Disclaimer and Liability
1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
  1. errors, mistakes or inaccuracies on the Website or our social media pages;
  2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
  3. personal injury or property damage of any nature resulting from your access to or use of the Website;
  4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  5. any interruption or cessation of transmission to or from the Website;
  6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
  7. the quality of any product or service of any linked sites.
2. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party Sellers of goods and services.
3. Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
4. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
Indemnity
1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
Placing Orders
1. You are responsible for any discrepancies or errors in your order caused by you.
2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
3. Orders placed by you are offers to purchase either:
  1. a voucher for particular goods and/or services under the terms and conditions in this Agreement, and any third party supplier/Seller terms and conditions at the price specified (including delivery and other charges); or
  2. goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
4. Goods sold by Ahatech.com.au are not reserved in-cart, and an order is only finalised when you have completed checkout process and received an order confirmation from us and payment is received in full.
5. When an order is placed for a Sellers goods, we will send the order to the Seller for confirmation, at which time they may accept or reject your order. Where a Seller rejects your order, we will refund you for the order and associated shipping charges. You will receive confirmation that your order has been accepted by the Seller via email.
6. We use automated fraud detection software that may result in your order being delayed or cancelled. Where your order is flagged for fraud detection, we will make enquiries into any potential fraud. We reserve the right to subsequently reject and refund your order at our absolute discretion where fraud is suspected.
7. Your order may be rejected in circumstances where we believe there may be a credit card or payment related fraud (detected prior to the goods being shipped), or where your order cannot be shipped, or if there has been an error in the price or product description on the Website. In these circumstances the order will be refunded in full.
8. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in in this Agreement. Please note that change of mind returns are given at our absolute discretion. We will not change or replace your order where you have made an error.
9. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
10. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed, or you may receive a full refund or store credit (at your election) in the event we cannot fulfil your order.
Guest Checkout
1. You can make purchases on our Website without creating an account by using our Guest Checkout.
2. When you use Guest Checkout, we will collect any personal information you provide, including your name, email and delivery address, in accordance with our Privacy Policy.
Price, Payment and Use of Discount/Coupon Codes
1. The prices of goods, delivery and other charges shown are in Australian dollars.
2. All payments must be received in full prior to dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
3. A discount code is only valid for a single transaction, and may not be used in conjunction with any other discounts
Store Credits
1. If you have an account with us, any unused portion of your Store Credit shall be credited to your account.
2. To the extent permitted by law, Ahatech.com.au reserves the right to change any of the terms and conditions in relation to its Store Credit upon the provision of reasonable notice, including by notice on the Ahatech.com.au Website.
3. Store credits expire after 12 months from the date of issue. Unless otherwise stated in any promotional materials or elsewhere by us, store credits issued for promotional purposes, or otherwise at our discretion (including for goodwill purposes) will expire after 3 months.
Shipping and Delivery
1. Subject to this Agreement, goods will be supplied as shown on your order confirmation, which will be provided to you by email.
2. We will use our best endeavours to meet stated timeframes for delivery, however, from time to time particularly during busy periods, our shipping service providers may suffer delays beyond our control. Please allow up to 30 days delivery (for standard and express post). Sellers may set their own delivery time frames which may differ from goods sold by us. You should check the sales listing for these details.
3. Standard and express post are subject to different fees and charges. In addition, certain goods (including large and bulky items or special orders) may be subject to additional charges. All shipping charges will be made available to you at checkout.
4. Sellers utilise their own shipping and distribution networks and may charge different rates for shipping on goods.
5. Express shipping is available only in certain areas and for certain orders and your order eligibility will be confirmed at checkout.
6. A signature may be required for some deliveries, and you are responsible for ensuring you are able to accept delivery.
7. We will not be held liable for;
  1. Late delivery where attempted delivery has occurred on or before the delivery time-frames;
  2. A parcel has been signed for and delivery has occurred (regardless of whether or not you have personally accepted delivery).
8. We reserve the right to change, modify or discontinue any delivery options at our absolute discretion.
Packaging and Labelling
1. We endeavour to depict goods available for order using accurate images of the goods. At times, however, goods actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.
2. We recommend that you read the labels and instructions on foods or other consumables prior to consumption or use.
3. Because some goods are imported or originate from outside of Australia, their packaging, ingredients, composition and quality may vary from the same or similar product available in Australia and made directly for the Australian market.
Software and Technology Purchases – Limitation of Liability
1. You acknowledge that storage media such as hard drives in laptops, external hard drives, SD cards and USB keys can fail without warning, leading to a loss of data. You should regularly back up software stored on the media. In the event that storage media ordered from us becomes faulty, fails or otherwise detrimentally affects software or data stored on it, except as required by law, we will not be liable for any loss or damage to the software or data.
2. If you return storage media (such as a hard disc drive) whether separately or as a part of another product, to us for any reason, including replacement or repair, we will not be responsible for any software or data stored on the media. We make no representation that we will be able to repair or replace any product without risk to or loss of the software or data.
Change of Mind Returns
1. We cannot refund or exchange goods for change of mind or errors you made in your order. We may, at our sole discretion, allow a return for store credit or exchange product on a case-by-case basis, provided that the item in question is:
1. 1. returned within 2 days of order;
  2. not used or worn (with original tags and/or packaging);
  3. in a resalable condition; and
  4. not damaged in any way.
2. We cannot accept change of mind returns on items that come in sealed packages or boxes where seals are damaged or broken.
3. If we allow a return in these circumstances, we will ask you to follow our returns process.
4. We may provide you with a product exchange or store credit only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks, swimwear and adult toys due to hygienic reasons. Remedies for defective goods are still available. Under no circumstances can we accept change of mind returns for digital access codes or downloadable software.
Problems with your goods – contacting us
1. If you have a problem with your goods, please contact us via the Help Centre. We will investigate your issues and advise you whether your product may be returned and, where required, provide you with instructions on how to return your goods.
2. For goods purchased from an independent Seller, you may contact the Seller directly through our Help Centre. We will otherwise assist you to contact the Seller if you contact us.
3. If your goods still have a valid manufacturer warranty, we recommend you first contact the manufacturer in relation to any fault or defect, however, you may still contact us.
4. Once an item is returned we will either inspect your goods and investigate any claimed defect or in some cases, send the goods to third parties for assessment and/or repair. Where applicable we provide a remedy in relation to your goods.
5. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you. You must cover the cost of return shipping in order to receive goods we have rejected on inspection, and we will provide you with instructions on how to make this payment.
6. Refunds will be issued using the payment method used for purchase. If you have an account with us, store credits will be issued to the account used to purchase the goods.
7. We aim to process refunds and replacements within 28 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
8. In the case of goods and/or services redeemable through a third party provider, the refusal of a refund or Store Credit does not prevent you from seeking a refund directly from the provider.
Defective Goods
1. All goods sold on Ahatech.com.au come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. Any product warranty given by Ahatech.com.au will apply in addition to other rights and remedies you may have under the Australian Consumer Law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions. This warranty only applies where specifically advertised in the product’s listing.
3. Goods that you purchase from our site (including Seller goods) may contain warranty documents on or inside the packaging provided by the manufacturer of the product. Any such warranty documents are not given by Ahatech.com.au, and rights you may have in relation to those warranties are separate to any warranty rights given to you by Ahatech.com.au. Some warranty documents provided by manufacturers of imported goods may not apply in Australia. You should contact the manufacturer identified on the warranty document to determine whether or not the warranty applies to the goods in Australia and, if so, how you should go about making a claim under such a warranty.
Dispute Resolution – Seller goods
1. If you are unable to resolve a complaint or dispute with a Seller in relation to your goods, you may submit your complaint to our dispute resolution procedure.
2. We will investigate your dispute in line with our published dispute resolution procedures.
Social Media and Content
1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website and you must not post (or allow) content to be posted that:
  1. you do not have the right to post;
  2. is defamatory or in contempt of any legal or other proceedings;
  3. is misleading or deceptive;
  4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
  5. denounces religious or political beliefs;
  6. contains religious or political material;
  7. is indecent, obscene, vulgar, pornographic or offensive;
  8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
  9. contains any unsolicited or unauthorised advertising or promotional material;
  10. contains or links to viruses, malware, spyware or similar software; or
  11. impersonates any person or misrepresents your relationship with any person.
4. We reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
Intellectual Property
1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Ahatech.com.au, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not:
  1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
  2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
Transfer and Assignment
1. You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party:
  1. we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and
  2. we shall be entitled to assign the benefit of any agreements we have with you to the third party.
General
1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
2. This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
Privacy and Personal information
1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.
Warranty
AhaTech offer a 12 month warranty on all products used for private household use from the date of purchase (unless noted otherwise). The use of products for commercial purposes qualifies the purchaser to a 3 month warranty period. AhaTech warranty as outlined above and below does not limit or restrict your statutory rights under Australian Consumer Law.
The AhaTech warranty does not include damage caused by normal wear and tear, accidents, misuse, lack of maintenance, neglect, natural disaster, or other external causes; to damage caused by operating the equipment in a manner outside that described in the instructions. The AhaTech warranty is considered void if the item has been modified, altered or tampered with by a person (or persons) not authorised by AhaTech to provide service (not including standard periodic maintenance).
Parts purchases, consumable components, and accessories [such as chains, carry bags, batteries, hoses, grinding discs, mats, nets, belts, cables, wheels, blades, tubs, safety gear etc.] are not covered by AhaTech’ standard warranty once used. Should your part or consumable component arrive with a manufacturers fault please contact us to discuss a resolution prior to using the item.
Until the nature of any fault is determined, the resolution AhaTech can offer may vary. Where necessary, the item may need to be returned to determine fault/issue. If the products is unusable upon receiving or there is a major fault, the customer may choose between a full product refund via the original payment method or a replacement product. There may be some situations that result in a reduced refund. In the case of a minor failure, the AhaTech warranty may cover fitment of replacement parts or offer replacement parts to the customer. Other alternatives may be offered to the satisfaction of both parties.
Warranties do not apply where items are resold/rented for the purpose of profit.
Should you wish to claim a warranty on your item, please follow the process outlined in the Return section.
Returns
AhaTech returns policy does not limit or restrict your statutory rights under Australian Consumer Law. You are entitled to return an item if you believe that there is a problem. You are generally responsible for returning the item if it can be posted or easily returned i.e dropped off. For items collected from our warehouse, it is generally the buyer’s responsibility to return the item for a warranty claim (exceptions apply). You are entitled to recover reasonable postage or transportation costs if the product is confirmed to have a problem and is eligible for warranty, however, a receipt will be required. Within 3 days of the customer purchasing the item, AhaTech may provide details allowing the return of the item at no cost to the customer (where freight costs apply). If the product failure is found to not fall within the warranty provisions or statutory rights provided, you may be required to pay the transport and/or inspection costs (Estimates will be advised).
Prior to returning any item, our Customer Service Department must first issue you a Return Authorisation (RMA) number. All other relevant information will be sent to you at this time.
Returns are accepted in line with our warranty conditions.
Should you wish to return a faulty item, please email sales@ahatech.com.au. Photos and/or videos of the item may also be requested to assist in the return process. When a return is authorised, it is the buyer’s responsibility to ensure the product is packaged securely to prevent any damage during the return process. Failure to do so may affect the ultimate resolution to be offered.
If the item is required to be returned, the outcome of the inspection should take no longer than 10 business days from the date the item is received by our service department (times may vary).
While many spare parts are stocked in Australia, we may need to order certain parts from the supplier on your behalf. Whilst most ordered parts arrive within 15 days, a small number of difficult to order parts may require up to 8 weeks to arrive.
If your item was purchased in error, or you’ve simply changed your mind, it may not be too late for a refund. To see if you are eligible please check below:
Should you wish to return a faulty item, please contact us along with your order number. Photos and/or videos of the item may also be requested to assist in the return process. Prior to returning any item, our Customer Service Department must first issue you a Return Authorisation (RMA) number. Please do not return or post items before obtaining instructions from us first. If you do, there is a risk that your returned item may not be identifiable and accepted.
Applicable freight fees and a 20% re-stocking fee will be deducted from your refund in cases where you have changed your mind and wish to return the product. This also applies to orders canceled when the item has already been dispatched from our warehouse. We accept Change of Mind returns for 2 days after you have received the item. The item must be in a re-saleable condition to qualify for a change of mind refund.
Warranty Denial
The warranty claim may not be accepted in cases where the buyer has contributed to the failure, or been misleading in their description of their issues. In these instances, where freight costs were incurred by AhaTech to return your item for inspection, reimbursement to AhaTech may be required prior to releasing the goods. The item is also to be returned to the buyer at the buyer’s expense. Freight cost not to exceed original freight cost. Where the item was purchased with free postage, freight costs are to be set at 20% of the item cost. Payment is to be made to AhaTech within 14 days of being notified of warranty rejection. Storage fees to apply beyond 7 days at 5% per week of the original product cost until the credit expires. Where money is owed to AhaTech for repairs and/or postage, AhaTech is entitled to hold onto the item until payment is made.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Terms of sale
Products sold by AhaTech are not intended for use where fail-safe operation is required. As with any electronic or mechanical product such as an automobile, aircraft, computer or consumer good, there is always a small chance of a technical issue that needs to be repaired or may require replacement of the product or a part. If the possibility of such failure and the associated time it takes to rectify could in any situation inconvenience the user, business or employee, or could financially affect the user, business or employee then the product is not suitable for your requirements. This product is not for use where incorrect operation or a failure of any kind, including but not limited to a condition requiring product replacement, service by a technician or replacement of parts could cause a financial loss, loss of employee time or an inconvenience requiring compensation.

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