We have selected the following sections below that will interest our buyers the most. However, it is important to note that by entering our site or making a purchase, we take that you have agreed to accept the whole terms and conditions as set out on this page.
POPULAR TOPICS
Ordering and payments
Cancellation of purchase orders
Postage and handling
Warranty and returns
Payment refunds
Imported items
(mobile phones, digital cameras, video camcorders and watches)
BEFORE ENTERING OUR SITE OR MAKING A PURCHASE, PLEASE MAKE SURE YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS BELOW
Parties to this Agreement
This Agreement is made between you (as the users of this Site) and BuyMart.com.au (“BuyMart”). The word “you” includes users who are registered with this Site (www.BuyMart.com.au) or browsing this Site for specified goods and services, or anyone who is accessing the Site for whatever reasons.
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Acceptance of the Terms and Conditions
By entering into this Site, you have agreed to accept the terms and conditions as set out in this Agreement. You are bound by the terms and conditions governing the use of this Site and any amendments and alterations made to this Site from time to time. You must leave the Site now if you do not agree to the terms and conditions.
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Application to be a registered user
BuyMart only accepts purchase orders that are submitted through our shopping cart system. In order to complete an order and make payment, you must register to become a member and process your order online.
You may apply to be a registered user if you fill out an on-line application from available on this Site by giving your personal information such as your name, address, telephone number, email address and other details.
Once your application is approved by BuyMart, an on-line account will be set up and you will be allocated with a user ID and password for log-in access to your account. However, BuyMart may at its own discretion refuse to register you as a user and has no obligation to give you the reason/s for such refusal.
BuyMart may, at its sole discretion, suspend or terminate your registration without notice if BuyMart believes that the following events have occurred:
- You have breached the terms and conditions of this Agreement;
- The information provided by you are incorrect, untrue, misleading and fraudulent, or;
- Your action may cause damage to BuyMart or other users.
You acknowledge that the account, user ID and password are issued for your personal use only. You undertake not to sell or transfer your account, user ID and password to a third party without the prior written consent of BuyMart.
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Ordering and payments
If the item you ordered becomes unavailable, BuyMart will attempt at best to immediately notify you. With our imported products such as mobile phones, digital cameras, video camcorders and watches, however, there may be a few days delay before notification as we await confirmation from our overseas centre.
In the very unlikely event that the product becomes unavailable after our confirmation and your purchase, or if we fail to notify the stock availability within 7 days after your order, we will fully refund the purchase amount and the postage and handling fees, plus a complimentary discount voucher that you could use for your next purchase. Our complimentary discount voucher is 2.5% off your next purchase for any items up to A$1,000.00 in value, and is valid for 30 days.
BuyMart can only reserve an item for you once a payment has been received. With credit card or PayPal payments, usually the item will be reserved for you immediately (subject to availability) as we automatically receive your electronic payment. With payments via direct bank deposit, cheque or money order, however, there may be some delay before we receive the payment, during which time the item may become unavailable. It is highly recommend that you pay your item as soon as possible to avoid this from occurring.
To protect BuyMart and our customers from internet fraudulent activity, there are certain circumstances in which we may ask for proof of identification before processing the purchase order. These circumstances may include:
- Orders where billing and shipping addresses are different;
- Orders that are made from high risk countries, or anonymous and transparent proxy servers;
- Orders that are made using free e-mail addresses;
- Payments made using PayPal account where billing name or e-mail and PayPal account holder name or email are different, or PayPal credit card or bank transfer payments, or;
- Any orders that have been flagged by the payment gateway as high risk for fraud.
Proof of identification may include photocopy of credit card used for purchase, photo ID, or utility bills. If we do not receive any proof of identification when it is requested, we will cancel the purchase order and refund the full purchase amount to the holder of the account used for payment.
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Cancellation of purchase orders
You can only cancel a purchase order if the item has not been delivered yet and within 3 working days from the date of purchase. Should the item has been despatched, order cancellation will incur a restocking fee of 25% of the purchase price. Please note that for imported items, such as mobile phones, digital cameras, video camcorders and watches, order cancellation can only be processed after confirmation with our overseas suppliers that the item has not been despatched.
BuyMart reserves the rights to cancel purchase orders that have been made before the delivery of the item, if any of the following occurs:
- The purchase is deemed or suspected to be part of fraudulent activity, including unauthorised purchase from one's credit card;
- The product purchased becomes unavailable from its original supplier, or;
- The product purchased is not available at the price that was originally provided from its supplier to BuyMart due to price increase or pricing error.
In the unlikely event that BuyMart has received any payment before delivery for the purchase of the product under the above circumstances, BuyMart will refund the full amount that has been paid in relation to the purchase, including postage and handling charges.
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Postage and handling
BuyMart uses a number of registered delivery services, including Australia Post's eParcel and other established courier companies, including DHL, UPS and FedEx, that will deliver your item to your nominated shipping address.
All delivery shipments are fully insured. In the unlikely event your item is lost in transit, we will replace it at our cost or refund 100% of the purchase amount.
If no one is available to attend the parcel at the nominated address during delivery, the courier service will leave a card stating that your item is available for you to collect from your local Post Office or nearest courier service centre for a certain period of time. You may be able to arrange re-delivery to the nominated shipping address with some courier companies, however, BuyMart will not be held responsible for the cost of re-delivery if applicable. If the item has been returned to us or to our supplier because it was not picked up from the post office or courier centre, or because a re-delivery arrangement was not made, then the customer will be responsible for any re-shipping charges that may apply.
BuyMart does not accept a PO Box address as the nominated shipping address. A home, business or street address is required for the delivery of parcels. These addresses need to be entered to our system during checkout or registered to our database previously. We cannot process any delivery to addresses stated only in correspondence emails without being entered to our database electronically. If payment has been made for the purchase and delivery to PO Box addresses or unregistered addresses, we will refund this payment and request our customer to re-enter a different address and register it to our system via the shopping cart and checkout process.
BuyMart products are typically despatched between 1 to 3 business days from receipt of payment. Most parcels will arrive within 72 hours at your nominated shipping address. For most of our imported products, however, inlcuding mobile phones, digital cameras, video camcorders and watches, their postage and handling time may take up to 7 to 14 working days, as they have to be despatched from overseas dispatch centre and be processed through the courier service and the customs.
You may specify time and day preference for delivery in the special message box provided during checkout. BuyMart will pass on this information exactly to the courier service and usually they will try to meet this requirement, sometimes by contacting you first. However, do not guarantee that this requirement will be met, and we do not have any control over the actual process involved.
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Warranty and returns
All products purchased from BuyMart come with warranties and are guaranteed, mostly for 12 months from the date of purchase. In the unlikely event of receiving faulty or damaged product, you need to contact us and give a detailed description of the problem, as well as your order or invoice number. If it is found that the product is faulty, either us or our supplier will exchange it at no cost to you. If neither us, nor our supplier, has any more of the product in stock, then a full refund will be provided immediately.
If you receive a different item than what you ordered (e.g. wrong model or colour), you may exchange it as long as it is still in as new, undamaged condition and in its original packaging. You must notify us within 7 days from the date of your product being dispatched if you wish to exchange or return your item.
All items to be returned or exchanged must be provided with a completed RA form, which you could obtain by contacting us if we have not sent one out to you already. Any return claims without a completed RA form will not be processed. After we receive and review your claim, we will provide you with further instructions on how the item should be returned.
If the item becomes faulty or damaged during transit or within the first 7 days after we dispatch it, then BuyMart or our suppliers, if they are managing the warranty, will cover the postage costs. If the item received is not what you ordered (e.g. wrong model or colour) and you notify us within 7 days from the date of your product being dispatched, then BuyMart or our suppliers will also cover the postage costs. During the warranty period, after the first 7 days of the item being dispatched, you will need to cover the return shipping costs to us or to our supplier, if they are managing the warranty.
If you have purchased an imported item from BuyMart, including mobile phones, digital cameras, video camcorders and watches, the item may not be factory-sealed because we need to check the contents inside the packaging to ensure their quality, and that the right accessories are included including a power adaptor that meets Australian standard. Nevertheless, we guarantee that all of our imported items are brand-new and genuine, come with original packaging, and have 12-month warranty.
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Payment refunds
BuyMart will process all of payment refunds as soon as it has been authorised, usually on the same day of the authorisation date. However, some delay may occur with the corresponding financial insitution or with PayPal. It may take up to 1-2 weeks before the payment refund arrives in your bank, credit card, or PayPal account.
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Imported items
Imported items on BuyMart website may include mobile phones, digital cameras, video camcorders and watches. There are special terms and conditions associated with these imported products due to their storage location and conditions related to overseas shipping, import duty, taxes and customs. These special terms and conditions are set out below and may have been stated previously as they may apply to the general items as well.
All of BuyMart imported items come with a 12-month service warranty. The same terms and conditions regarding warranty and returns as stated above apply for the imported items.
There are a number of imported mobile phones, digital cameras and video camcorders for which colour preference could not be made. When this condition applies, it will be stated in the product description of the item.
Confirmation of availability for imported items may be delayed as we await notification from our overseas supplier. It is also possible, although very unlikely, that the product becomes unavailable after our initial confirmation. In the very unlikely event that the product becomes unavailable after our confirmation and your purchase, or if we fail to notify the stock availability within 7 days after your order, we will fully refund the purchase amount and the postage and handling fees, plus a complimentary discount voucher that you could use for your next purchase. Our complimentary discount voucher is 2.5% off your next purchase for any items up to A$1,000.00 in value, and is valid for 30 days.
For most of the imported products including mobile phones, digital cameras and video camcorders, it may take up to 2-4 working days under normal circumstances before the products are despatched and up to a total of 7-10 working days before you receive the item, as they have to be despatched from overseas dispatch centre and be processed through the courier service and the customs. Postage and handling time for imported watches may take up to a 7-14 working days. As soon as we receive confirmation from the dispatch centre, we will update our system and send you a notification e-mail that your order is being delivered, together with a tracking code of your parcel from the courier service (if applicable).
If you have purchased an imported item from BuyMart, the item may not be factory-sealed because we need to check the contents inside the packaging to ensure their quality, and that the right accessories are included including a power adaptor that meets Australian standard. Nevertheless, we guarantee that all of our imported items are brand-new and genuine, come with original packaging, and have 12-month warranty.
Order cancellation for imported products can only be made if the item has not been delivered yet and within 3 working days from the date of purchase. Should the item has been despatched, order cancellation will incur a restocking fee of 25% of the purchase price. Please note that order cancellation can only be processed after confirmation with our overseas suppliers that the item has not been despatched.
The prices displayed on BuyMart website for imported items with reported value of greater than A$1,000.00 may be subject to further 10% GST and customs entry processing fee, which need to be paid by the buyer before it is released from the customs. More information regarding this may be obtained by clicking on the following link: http://www.customs.gov.au/site/page.cfm?u=5549
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Use of the Site
You may use the materials displayed on this Site (including information, data, tools, texts and images) for personal and informational purposes only. You must not use the materials displayed on this Site for commercial purposes without first obtaining the written consent of BuyMart. Use of materials for a commercial purpose is any use other than using the contents for your own personal and informational use. Also, you must not use the Site in such way that is unlawful or violates the rights of BuyMart or in breach of the terms and conditions of this Agreement. Unlawful use of the Site includes using the Site to display, distribute, transmit or circulate information or materials that are obscene, indecent, seditious, offensive, defamatory, threatening or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
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Contents of the Site
Whilst the Site is owned and operated by BuyMart, it may contain materials displayed by third parties. We do not endorse or approve the accuracy, validity and reliability of any materials displayed on this Site by the third parties. The third parties which provide the materials are solely responsible for the accuracy, validity and reliability of the materials. Neither BuyMart nor its directors, employees and agents give any warranty and representation as to the accuracy, validity and reliability of the materials. Further, BuyMart has no control over and shall not be responsible for the conduct of the third parties in using this Site or displaying materials on this Site. BuyMart cannot be held liable for any damage suffered by any person as a result of using this Site or relying on the materials displayed on this Site.
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Advertising and links to other sites
This Site provides links to third party sites (“Linked Sites”). The links are provided for your convenience only and inclusion of any links on this Site does not imply any endorsements by BuyMart of the goods and services offered by the Linked Sites. You agree that BuyMart has no control over the contents of the third party sites and that BuyMart is not responsible for the accuracy of the contents. It is your responsibility to read the Linked Sites’ terms and conditions and/or privacy policies with regards to the use of those sites. You further agree that you are entering into the Linked Sites at your own free will and at your own risks.
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Changes and restrictions to this Site
BuyMart reserves the rights to changes the features of this Site as and when it sees fit from time to time. BuyMart also has the discretion to allow or restrict your access to this Site as and when it deems necessary. BuyMart shall not be responsible for any person’s inability to access the Site for whatever reasons and shall not be liable for any damage suffered any person due to the changes to the features of this Site and/or inability of the any person to access this Site.
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Intellectual property rights
BuyMart is the sole owner of this Site (www.BuyMart.com.au), the company name, the logo and the trade secrets which are protected under the trade mark and the copyright laws of Australia and other countries. This Site also contains trade marks and copyrights of third parties. Entry to this Site shall not be construed as being licensed to use any of the trade marks and/or copyrights as contained in this Site. You are not permitted to use, copy, modify or publish any of the trade marks herein without the prior written consent of their rightful owners.
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Disclaimer and limitation of liability
You agree that the contents on this Site, if they are provided by BuyMart, are obtained or extracted from sources which are believed to be accurate and valid. If the contents are provided by third parties, BuyMart expressly declares that BuyMart does not condone or approve their accuracy and legitimacy.
Neither BuyMart nor its personnel give any representation or warranty as to the reliability, accuracy and completeness of the contents; or warrant that any of the functions contained on this Site or that your access will be uninterrupted and error free.
Neither BuyMart or its personnel shall be liable in any way for any loss or damage suffered by you, howsoever arising (whether in negligence or otherwise) out of or in connection with your use of and access to this Site, except where the liability is made non-excludable by the law.
You must indemnify BuyMart and its personnel against all loss, actions, demands, proceedings, costs and expenses (including legal fees), claims and damages arising from:
- Any breach by you of the terms and conditions of this Site or third party sites;
- Reliance by you on any information obtained through this Site; or third party sites;
- Your access to this Site or other third party sites, or;
- Reliance upon or use of any content by any person accessing any content through your website.
Governing Law
The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Victoria and where relevant the Commonwealth of Australia.
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Notices
All notices to BuyMart under this Agreement shall be delivered by registered mail or by facsimile to the addresses of BuyMart as set out on this Site.
All notices to you shall be sufficiently served if either delivered personally, sent by courier or registered mail, or by facsimile or email to the last known correspondence, fax or email address provided by you to BuyMart. Notice to you shall be deemed to have received by you if BuyMart is able to show that communication, whether in conventional or electronic form, has been sent to you.
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Entire Agreement
The terms and conditions and the privacy policy posted on this Site contain the entire understanding and agreement between you and BuyMart with respect to use of and access to this Site.
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Severability
If any provision of this Agreement is in breach of any legislation and by reason of such breach is void, voidable, unenforceable or invalid, then and in such case that provision shall be severable from this Agreement and this Agreement shall be read as though such provision did not form part of the same.
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Assignment
BuyMart shall have the right to assign its obligations and duties in this Agreement to any person or entity. BuyMart shall also have the right to transfer all its rights to this Site to any person or entity.
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Contact details
BuyMart.com.au
Mailing Address PO Box 7507
St. Kilda Road, VIC 8004
Australia
Facsimile +613 8610 2194
Email Click here
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