(a) This website (Site) is operated by [Bader Corp Pty Ltd ACN 608 274 022] (we, our or us). It is available at: https://techxs.com.au/ and may be available through other addresses or channels.
(b) By accessing and/or using the Site you:
- warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
- agree to use the Site in accordance with the Terms.
Please read the Terms carefully and immediately cease using the Site if you do not agree to them.
(c) You must not create an account and/or place an order for products through the Site unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years old but under 18 years old (a Minor) to create an account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
(a) To make the purchasing process smoother, you have the option to create an account with us. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date.
(c) When you create an account, you will be required to create certain account details (such as a username and password). It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
3 Collection Notice
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other charges and taxes) at the time you place your order.
(b) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter. In some cases, this may be due to insufficient stock to fulfil your order, in which case we will contact you as soon as possible to arrange an alternative.
(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
(e) When you order and pay on the Site and your payment has been validated, we will provide you with order details, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.
(f) Certain products may come with (i) installation instructions (Installation Instructions) in written form and available as a video online and (ii) the tools you will need to install the replacement product
5 Availability and cancellation
(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the products are available.
6 Price and Payments
(a) You must pay us the purchase price of each product you order plus any applicable delivery and insurance costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery and insurance costs separately from the product price.
(b) For products which are available at the time of your order, you must pay the Price. Only once the Price has been paid in full will your products be dispatched to you.
(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
7 Promotional Discount Codes
We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued.
8 Delivery, title and risk
(a) We deliver Australia wide. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. International shipping is not currently available but may be in the future.
(b) Delivery costs are set out on the Site.
(c) We normally dispatch products within 24 hours of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(d) If you need to change the delivery date or delivery address, please notify us immediately in writing.
(e) We may deliver the products using a range of delivery methods. All deliveries must be signed for. If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.
(f) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.
9 Warranty Terms and Conditions
(a) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (ACL). In Australia, our goods come with guarantees which cannot be excluded under the ACL. 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.
(b) The terms outlined below apply to the products we, TechXS Australia ABN 73 608 274 022, address 1/33 Township Drive, Burleigh Heads QLD 4220, email: firstname.lastname@example.org, supply to you.
(c) We offer you a warranty on the products on the following terms and conditions. These warranties are in addition to any rights or remedies you may have under the ACL.
(d) Clauses 9(e) to 9(h) apply only to products sold with a “Lifetime Warranty”, as indicated on the Site or on the product packaging.
(e) We warrant that the product we supply to you will be free from defects (Lifetime Warranty). The Lifetime Warranty applies from the date of purchase by the original end-user purchaser and lasts for the lifetime of the original end-user purchaser (Lifetime Warranty Period).
(f) What do you need to do to claim the Lifetime Warranty? You must contact us in writing using the contact details at the end of this document, to let us know that you would like to make a claim under the Lifetime Warranty, along with a photo and description of the defect in your replacement product (Defect). If we ask you to, you must return the defective product to us, together with all packaging, parts, documentation and proof of purchase to the contact details set out at the beginning of this clause.
(g) What will we do if you make a claim under the Lifetime Warranty? We will, at our own cost:
- repair or replace the product; or
- if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.
(h) If we choose to replace the product, then the replacement product will also be covered by a Lifetime Warranty.
Twelve Month Warranty
(i) Clauses 9(j) to 9(n) apply only to products sold with a “Twelve Month Warranty”, as indicated on the Site or on the product packaging.
(j) We warrant that the product we supply to you will be free from defects (Twelve Month Warranty). The Twelve Month Warranty applies from the date of purchase by the original end-user purchase and lasts for a period of 12 months (Warranty Period).
(k) What do you need to do to claim the Twelve Month Warranty? You must contact us in writing using the contact details at the end of this document, to let us know that you would like to make a claim under the Twelve Month Warranty, along with a photo and description of the defect in your product (Defect). If we ask you to, you must return the defective product to us, together with all packaging, parts, documentation and proof of purchase to the contact details set out below.
(l) What will we do if you make a claim under the Twelve Month Warranty? We will, at our own cost:
- repair or replace the product; or
- if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.
(m) If we choose to replace the product, then the replacement product will continue to be covered by the Twelve Month Warranty for the remaining Warranty Period.
(n) Together, the Twelve Month Warranty and Lifetime Warranty are referred to as the “Product Warranty”.
(o) The following conditions are specifically excluded from the Product Warranty:
- evidence of physical damage of any kind caused to the product after it has been purchased/installed;
- evidence of any mishandling that has caused the device’s frame to bend, twist or crack;
- issues that arise as a result of the failure of any other parts contained in your device;
- Software issues unrelated to the product at the time of purchase. This includes manufacturer software changes that adversely affect the functionality of the phone or its compatibility with the product.
- liquid damage of any kind present in the device or its associated parts; and
- evidence of any tampering with the part/product outside of that outlined in installation guides.
(p) If we remove an item from our list of products due to it reaching an End-Of-Life (EOL) product status, we may no longer be able to honour the full Warranty period due to an inability to source parts. We will do our best to advise customers purchasing products that fall under this exclusion in advance of their purchase.
(q) In addition, the Product Warranty does not apply if you claim it fraudulently or by misrepresentation.
(a) We do not accept returns for change of mind or other circumstances.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, the products, or any injury or loss to any person;
(2) failure or delay in providing the products; or
(3) breach of the Terms or any law,
where caused or contributed to by any:
(4) event or circumstance beyond our reasonable control; or
(5) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the products.
(c) Please note that we are not liable for any loss of data stored on your device. If your data is important to you, we suggest that you conduct a backup of this data prior to installing your replacement device screen or phone battery.
(d) Some devices come with waterproofing or water resistant functionality. The installation of a replacement product or component, in accordance with the Installation Instructions or otherwise, may remove such functionality from your device. We are not responsibly if you damage your device or a component part of the device as a result of the device losing waterproofing or water resistant functionality.
(e) Some devices come with warranties provided by the seller or the manufacturer. We are not responsible if the installation of the replacement screen or battery voids the seller’s or manufacturer’s warranty. You are responsible for verifying that the installation of a replacement product does not void a warranty.
(f) Your order may come with Installation Instructions. It is your responsibility to follow these Installation Instructions when installing the ordered replacement product. We are not responsible if you damage your device or a component part of the device due to a failure to follow the Installation Instructions.
(g) You acknowledge that you perform all repairs at your risk. We are not responsible for any damage caused to your device when undertaking repairs using products purchased from us.
12 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
(b) You must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
(a) We may immediately suspend, terminate or limit your access to and use of the Site and (where applicable) your account) if you breach the Terms and the breach cannot be remedied or is not remedied within 5 business days of us notifying you of the breach.
(b) You may stop using the Site at any time for any reason.
(c) We may stop making the Site (or any part of it) available without prior notice. If we do this, any order that we have accepted will not be affected, subject to the Terms.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(f) Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.
(g) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(h) Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(i) Governing law: These Terms and Conditions are governed by the laws of Queensland. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us by email:
Last update: 19 October 2018