Last Updated: 14 September 2023
1. Introduction
This is our Refund & Warranty Policy, which explains how we process refunds, returns and warranty claims.
This Policy forms part of, is subject to, and must be read with our Terms of Service and Shipping Policy.
2. Your Consumer Law Rights
2.1. Customers within Australia
The following paragraph applies to you if you are deemed to be a "consumer" within the meaning of the Australian Consumer Law (ACL):
2.2. Customers outside Australia
If you are not in Australia, you may have rights that apply to you under consumer protection legislation in your country or jurisdiction.
2.3. Express warranties and guarantees
To the extent that our goods are supplied with any express warranties or guarantees, such as a manufacturer's warranty, those warranties or guarantees will apply in addition to your Consumer Law Rights.
2.4. Protection under your Consumer Law Rights
Nothing in this Policy excludes, restricts or modifies your Consumer Law Rights to the extent that such Consumer Law Rights cannot be lawfully excluded, restricted or modified.
3. Warranty Claims
3.1. How to make a warranty claim
If you believe you are entitled to make a claim under your Consumer Law Rights, or under an express warranty or guarantee, you should contact us as soon as possible.
We ask that you contact us prior to returning any goods to us.
Prior to providing you with a refund or replacement, we may ask you to provide sufficient details or evidence of your claim, such as providing us with proof of purchase, Order details, or photograph(s) of the relevant product(s).
3.2. When you are not entitled to a refund or replacement
Subject to your Consumer Law Rights, we are not required to offer a refund or replacement because you:
(a) got what you ordered, but simply changed your mind, found the goods cheaper somewhere else, decided you did not like the goods, or had no use for goods;
(b) misused the goods in any way that caused the problem; or
(c) knew of, or were made aware of, any faults before you bought the goods.
Subject to your Consumer Law Rights, we may not be required to offer a refund or replacement under an express warranty or guarantee where you have not complied with the terms of that warranty or guarantee.
We may accept returns of such items under our Change of Mind Policy below.
4. Change of Mind Policy
Our Change of Mind policy applies in addition to your Consumer Law Rights. We will accept returns of goods within 30 days after delivery, subject to the following conditions:
(a) You must contact us to initate the return within 30 days after delivery of the relevant goods;
(b) The relevant goods must be returned to, and received by us, unused and in good condition, with all product packaging, labels, accessories and documentation;
(c) You will be responsible for the cost of return postage or delivery of the relevant goods. Original delivery charges will not be refunded except where your Consumer Law Rights apply;
(d) Appropriate proof of purchase (such as a tax invoice or order confirmation) must be provided or confirmed by us; and
(e) All items accepted under our Change of Mind policy will be subject to a Restocking Fee, which will be deducted from the refund amount.
5. Returning goods to us
5.1. Before you return goods to us
We ask that you contact us to discuss your return before returning goods to us.
In some circumstances we may, at our sole discretion, decide to issue a refund or replacement item without requiring return of the original item.
To the extent possible, all goods should be returned to us unused and in good condition, with all original packaging, labels and documentation.
5.2. If your product contains user-generated data
Some products have features that allow for storage of user-generated data. The following paragraphs apply to these items when returned for repair or replacement:
You will be responsible to backup or delete any user-generated data stored on the product prior to returning it to us. To the maximum extent permitted by law, we do not accept responsibility for the loss, non-recovery, deletion, corruption or modification of any user-generated data stored on any product returned to us.
5.3. Return Postage / Delivery Costs
Subject to your Consumer Law Rights, if you return the relevant products to us for assessment of your claim, you will be responsible for the cost of return postage or delivery.
If we determine you have a valid warranty claim or a claim under your Consumer Law Rights, you may be entitled to reimbursement of the cost of return postage or delivery subject to providing us with suitable proof of payment for those costs.
5.4. Risk of loss or damage during transit
All returned goods remain at your risk until received by us.
When returning a product, you should ensure the product is suitably packaged for transport. We also recommend that you consider purchasing transit insurance for valuable items.
To the extent permitted by law, we do not accept responsibility for any loss or damage that occurs during transport of the goods.
5.5. Rejection of warranty claim
If we decide to reject your warranty claim, we will contact you to discuss your options.
If we return the relevant goods to you, we reserve the right to charge additional postage / delivery fees and require such fees to be paid prior to shipping the items back to you.
6. Limitation of liability
Subject to any Consumer Law Rights you have, where you acquire goods or services other than those of a kind ordinarily acquired for personal, household or domestic use or consumption, our liability for the failure to meet a statutory guarantee or any other warranty or guarantee that is otherwise implied is limited to:
(a) in relation to goods:
(b) in relation to services:
Except where Consumer Law Rights apply, to the maximum extent permitted by law, we exclude all liability for any claim arising from your use of this website or any goods or services provided by us, including but not limited to claims, whether arising under contract, tort (including negligence), strict liability, or otherwise, for direct, indirect, consequential, special or punitive loss or damages of any kind, personal injury or death, legal costs, loss of income, loss of profit, or loss of data whatsoever.
To the maximum extent permitted by law, we will not be liable for any loss or damage arising due to the ocurrence of an Uncontrollable Event, including as a result of delay, frustration or prevention of performance of our obligations due to such Uncontrollable Events.
7. General
7.1. Definitions
Unless the context otherwise requires, the following words and phrases used in this Policy will have the meanings set out below:
ACL
The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Consumer Law Rights
The rights conferred on you as a "consumer" under the ACL or equivalent consumer protection legislation in your country or jurisdiction.
Order
An order placed on our website.
Restocking Fee
An amount equivalent to 20% of the original purchase price of the relevant item or Order, inclusive of applicable taxes.
Shipping Policy
The Shipping Policy published on our website.
Terms of Service
The Terms of Service published on our website.
Uncontrollable Event
Any event or occurrence that is beyond our reasonable control, including but not limited to: acts of God, accidents, natural disasters, pandemics, outbreaks of disease, fires, floods, earthquakes, tsunami, storms, and other extreme meteorological and weather events and phenomena; wars, radiation, nuclear incidents, invasion, acts of terrorism, riots, disruptions to government or law and order, and civil unrest; industrial action, work stoppages and strikes; imposition of laws, rulings, policy and regulations; imposition of quarantine, embargoes, trade sanctions and customs clearance regimes or restrictions; shortages of labour or materials; disruptions to mail, shipping, freight, transportation or cargo services; disruption or failure of telecommunications or information technology infrastructure, systems and software; or disruption or loss of access to, or corruption or loss of, data due to unauthorised intrusion, interception, hacking, denial-of-service attacks, computer viruses, malware or other malicious computer code.
we / us / our
The County of Bourke Pty Ltd trading as ATKM (ABN 20 138 673 060).
7.2. Interpretation
This policy forms part of, and is to be interpreted in the same manner, our Terms of Service.
