Effective Sunday, November 25, 2018
This website is operated by THINKEX HOLDINGS PTY LTD trading as EFEX (“EFEX”) . Throughout the site, the terms “we”, “us” and “our” refer to EFEX. EFEX offers this website, including all information, tools and services available from this site to you, the user (customer), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Customer acknowledges agreement with these Terms and Conditions by the placement of an order to purchase products from EFEX.
All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for EFEX has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.
Unless specifically advertised, all prices on this website are quoted excluding Goods and Services Tax (GST). GST will be added upon ordering goods and must be paid.
Prices promoted on the Purchasing Portal are at RRP or SRP until you log in to obtain the discounted pricing as arranged with EFEX. Discounts will be automatically applied for online orders. Note some special bid items and some licensing may not be available for online ordering. Please contact your account manager or call 1300 376 347 to order items unavailable online.
In addition to the Consumer Guarantees, all products sold by EFEX are covered by the manufacturers’ warranty that accompanies the product. EFEX makes no additional or independent warranty in addition to the Consumer Guarantees or those offered by the manufacturer of a product.
Delivery of Goods
We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and EFEX shall not be liable for delays.
If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of EFEX , the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by EFEX as a result thereof and EFEX , at its discretion may charge a restocking fee.
If Authority to Leave is selected at checkout, you must specify where you would like the goods left (at the front door, next to the garage, etc). EFEX and our couriers cannot be held responsible for goods being left unattended that go missing if an order has been authorised to leave. *Australian Air Express (AAE) will not leave goods at the door, and will leave a card instead so that you can pick up your order at the nearest post office/depot if selected.
Title of Goods
The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to EFEX of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of EFEX in delivering any part of the goods) on or before the payment date. In addition to any other rights or remedies of EFEX in the event of the Customer’s default hereunder, EFEX shall be entitled:
- To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
- To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses EFEX, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by EFEX as a result of the Customer’s default;
- At the sole discretion of EFEX charge a restocking fee of up to 25% of the purchase price.
Errors and Omissions
At EFEX, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. All images are for illustrative purposes only. Actual product may differ. Please be assured of our every effort to ensure the accuracy of information; however, the documents and graphics published may contain technical inaccuracies or typographical errors. EFEX makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, EFEX shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your account or credit card, EFEX shall immediately issue a credit or refund.
Limitation of Liability
EFEX shall under no circumstances, except where the consumer guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
All sales shall be deemed made in the state of NSW, regardless of the location of the Customer. The Customer agrees that any dispute with EFEX shall be governed by the NSW law and the Customer irrevocably submits to the exclusive jurisdiction of NSW courts and courts hearing appeals from those courts.
Order Cancellation Policy
If you would like to cancel a back order simply use our online form or notify us on 1300 376 347. Other than “special orders” (an order where goods ordered are especially ordered to meet specific to customer requirements or cannot be refunded by EFEX to its supplier), an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.
Vouchers & Certificates
- EFEX Gift Vouchers entitle the holder to goods/services equal to the value displayed on the card or remaining after partial redemption.
- Gift Vouchers are only redeemable online with EFEX.
- Gift Vouchers cannot be exchanged (wholly or partly) for cash.
- Multiple Vouchers can be used per purchase/ transaction: i.e. a. If the item purchased = $245, b. Two vouchers may be used and the balance paid by any of the accepted payment forms accepted. (Refer point 5.)
- Maximum of 10 Vouchers per Customer.
- Value shown on this voucher is inclusive of tax.
- Gift Vouchers are partially redeemable and any unused balance will remain on the card and cannot be redeemed for cash.
- If order exceeds value of Gift Voucher, the holder will be required to pay the difference in price between the value of Gift Voucher and price of the goods/services.
- Gift Vouchers valid for 12 months from issue date.
- Should EFEX suspect any fraud relating to a Gift Voucher, EFEX may refuse to redeem the Voucher until EFEX is satisfied that no fraud has occurred.
- EFEX is not liable for any lost/stolen Gift Vouchers. Please contact a EFEX store immediately if your Voucher has been lost/stolen. Lost/stolen Vouchers can only be replaced if satisfactory proof of purchase is provided and the Voucher has not been redeemed.
To the extent any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall as far as practicable be read down or stricken from the Terms and Conditions of Sale, so that the remaining terms can continue in full force and effect.
Changes to this policy