Return & Refund Policies

This policy outlines the circumstances under which goods or services ("Goods") provided by AVAIL Australia Pty Limited ("AVAIL Australia") to a customer ("you") will be accepted for return.

Australian Consumer Law

The sale of Goods by AVAIL Australia is subject to certain laws, including the Australian Consumer Law ("ACL"). Our Goods come with guarantees that 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 they fail to be of acceptable quality and the failure does not amount to a major failure.

This policy is in addition to any rights you have at law, including under the ACL, which is Schedule 2 of the Competition and Consumer Act, 2010 ("Act").

No Change of Mind Returns

Please choose carefully as AVAIL Australia does not accept returns if you change your mind or make a wrong decision about our goods or services.

Assessment of Goods for Return

AVAIL Australia reserves the right to assess the eligibility of Goods for return (including the condition and age of the goods) before accepting them. All Goods a customer wishes to return must be:

1. Accompanied by proof of purchase from AVAIL Australia, either a receipt or other proof of transaction; and
2. Unmarked and complete with instruction books and accessories such as remotes, controllers, power cords, batteries, battery chargers, connectivity cables, and any other out-of-box accessories supplied with the purchase.

Please note that it may be necessary for the manufacturer of the Goods to inspect them to assess eligibility for return. AVAIL Australia will endeavour to procure such assessment within a reasonable time.

While Goods are being assessed, AVAIL Australia will not be deemed to have accepted them for return.

When Goods Will Be Accepted for Return

Except where required under the ACL or other applicable consumer protection laws or regulations, AVAIL Australia will accept Goods for return in accordance with this Returns Policy and only after the assessment described above, where the Goods:

1. Fail to meet a consumer guarantee under the ACL; or
2. Are subject to any express warranty provided by:

• AVAIL Australia; or
• The manufacturer of the goods,

and the goods are returned in accordance with the terms of that warranty.

What Happens When Goods Are Accepted for Return

Subject to any legal obligations to the contrary, when AVAIL Australia accepts Goods for return:

1. For a failure to comply with a consumer guarantee that is not a "major failure", AVAIL Australia may either:

• Repair the goods or provide an identical replacement; or
• Provide a refund of the amount paid for the goods, within a reasonable time.

1. For a failure to comply with a consumer guarantee that cannot be remedied or constitutes a "major failure" (as defined in the ACL), you may either:

• Reject the goods and choose a refund or an identical replacement, or one of the same type and similar value (if reasonably available);
• Keep the goods and get compensation for any drop in value caused by the failure; or
• Agree with AVAIL Australia to repair the goods.

Under express warranty, AVAIL Australia may either repair or replace the goods or offer a refund in accordance with the express warranty.

A "major failure" is defined in the ACL and broadly refers to a situation where a reasonable consumer would not have purchased the goods if fully aware of the failure, the goods are unsafe, substantially unfit for purpose, or significantly different from the demonstration model or sample. For more details, refer to the ACL.

If you reject goods purchased from AVAIL Australia under the ACL, you must return them to AVAIL Australia. If the goods cannot be returned without significant cost to you as prescribed under the ACL, you may ask AVAIL Australia to collect them.

If goods are accepted for repair, AVAIL Australia will undertake the repairs within a reasonable time. All repairs will be conducted as prescribed under the ACL.

If you are entitled to a refund under the ACL, it will be issued by credit card, EFT, or PayPal, depending on your original payment method for the goods.

What Happens After Your Goods Have Been Repaired

After your Goods have been repaired or replacement Goods become available, AVAIL Australia will contact you to arrange delivery. AVAIL Australia will only cover the delivery cost if the Goods were repaired or replaced due to a major failure or if required by law.

Non-Returnable Goods

Except where required under the ACL or other applicable consumer protection laws or regulations, the following products are not eligible for return:

• Electronic software;
• Subscriptions to software programs;
• Opened software where the applicable license has been used, copied, or disclosed;
• Gift cards and recharge cards to the extent they have been used or expired.

Except where required under the ACL or other applicable consumer protection laws or regulations, opened software cannot be returned if it contained a seal with the software license on the outside of the package, and you could read the software license before opening its packaging.

Statutory Rights Not Affected

This Returns Policy does not affect your statutory rights, including those under the ACL. In the AVAILnt of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.

Further Information

If you have any questions about this Returns Policy or beliAVAIL that AVAIL Australia or any of our staff have not observed your rights under the ACL, please contact AVAIL Australia by writing to:

AVAIL GROUP PTY LTD

info@availgroups.com

 

AVAIL AUSTRALIA PTY LTD T/A AVAIL – TERMS AND CONDITIONS

Our Disclosures

Our complete terms and conditions are detailed below. Here are some important points to know before becoming a customer:

• We may cancel an order at any time before delivery for any reason. If we do so, we will refund you using the original payment method.
• You may incur additional costs if you fail to comply with certain provisions in these terms, such as not providing us access to the premises for installation at the agreed times.
• If you choose to collect your order, we will hold your products for 30 days. If not collected within this time, we may cancel your order, return your products to our inventory, and make them available for sale to other customers.
• Subject to your Consumer Law Rights, our liability under these terms is limited to the price you paid for the relevant products, and we will not be liable for Consequential Loss.
• Nothing in these terms limits your rights under the Australian Consumer Law.

1. Introduction

(a) This website (Site) is operated by AVAIL Australia Pty Ltd T/A AVAIL (ABN 95 614 095 644) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

2. Use of the Site

(a) You accept these Terms by placing an order via the Site. (b) You must not use the Site or place an order unless you are at least 18 years old. (c) When using the Site, you must not do anything unlawful or inappropriate, including:

• Breaching someone’s privacy by uploading personal information without consent;
• Defaming, harassing, threatening, or offending anyone;
• Using the Site for illegal purposes;
• Interfering with other users;
• Tampering with or modifying the Site, including transmitting viruses or using trojan horses;
• Sending unsolicited electronic messages;
• Using data mining, robots, screen scraping, or similar tools on the Site;
• Helping a third party to do any of the above acts.

3. Orders

(a) You may order products from us as set out on the Site. By placing an order, you agree to purchase the product(s) for the listed price (including delivery fees or other applicable charges and taxes). (b) We may accept or reject an order at our discretion. If we reject your order, we will notify you within a reasonable time. Once we accept an order, a binding agreement is formed. (c) It is your responsibility to check the order details before submitting it. (d) After ordering and paying on the Site, and once your payment is validated, we will send you an order confirmation email. (e) If you have purchased installation services, our team will contact you to arrange them. You agree to provide access to the premises and facilities as reasonably necessary. You may incur additional costs if you fail to comply. (f) All purchases are subject to availability. We do our best to keep the Site updated with product availability. (g) If a product is available for back-order or pre-order, this will be indicated on the Site. The expected dispatch date is an approximation, and we are not liable for delays. (h) We may cancel an order before delivery for any reason, including significant delays, inability to supply, or errors on the Site. We will contact you if this happens.

4. Price and Payments

(a) You must pay the purchase price of each product, plus any applicable delivery costs (the Price), as set out on the Site. All amounts are in Australian dollars, and GST will be set out separately. (b) You must pay the Price upfront using one of the methods listed on the Site. (c) You must not pay, or attempt to pay, using fraudulent or unlawful means. If paying by debit or credit card, you warrant that you are authorized to use it. (d) Payment methods include third-party providers like PayPal or eWAY. We are not responsible for their actions, and additional terms may apply. (e) For orders delivered outside Australia, you may need to pay customs charges or taxes in addition to the Price. (f) We may issue promotional discount codes for certain products. You must enter the code at the time of order to claim the discount. (g) Conditions for promotional discount codes and competitions will be set out on the Site. (h) AVAIL retains ownership of any unit not paid in full. The Best Price Guarantee does not apply to certain agency brands.

5. Delivery, Title, and Risk

(a) We will deliver products to the address you provide when ordering. We currently deliver to areas listed on the Site. Contact us if you are outside our delivery area. (b) We normally dispatch products within 24 business hours of receiving an order. Delivery periods are estimates. (c) If you choose to collect your order from our warehouse, we will notify you when it's ready. You must collect within 30 days, or we may cancel your order and refund you. (d) If you need to change the delivery day or address, notify us immediately in writing. (e) We use a range of delivery methods. Some deliveries may require a signature. If no one is available to accept delivery, we may leave the products at your premises. (f) Title to the products remains with us until you have paid in full. You must not create any encumbrance over the products until title passes. (g) Risk in the products passes to you upon delivery or collection.

6. Warranty Against Defects

(a) Our goods come with guarantees under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality. (b) In addition to these rights, we warrant that our products will be free from defects for the period specified in the warranty documentation. (c) A defect includes any fault, error, or issue arising from improper workmanship or materials. (d) To claim the warranty, stop using the product and contact us with photo or video evidence and a description of the defect. If requested, return the product with all packaging, parts, accessories, documentation, and proof of purchase. (e) You will need to cover the cost of returning the product. If the product is covered by our warranty, we will refund these costs. (f) Upon receiving the returned product, we will assess the defect and determine if the claim is valid. (g) If your claim is successful, we will, at our cost, repair or replace the product, or if unable to do so, offer a credit, refund, or compensation. (h) The warranty does not cover defects caused by:

• Reasonable wear and tear;
• Acts or omissions by you or third parties not engaged by us;
• Failure to follow instructions or guidelines;
• Use of the product for unspecified applications;
• Continued use after a defect becomes apparent;
• Incorporation or installation of other items into the product;
• Failure to notify us of a defect within a reasonable time;
• Unauthorized alterations or repairs.

7. Australian Consumer Law

(a) We do not accept returns for change of mind. HowAVAILr, you may have rights under Australian Consumer Law for repair, replacement, or refund. (b) Nothing in these Terms limits your Consumer Law Rights. (c) You will need to cover the costs of returning products to us. If your claim is valid, we will refund your return delivery costs and either dispatch a new or repaired product or refund you. (d) For further information, contact us.

8. Limitations

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

• Neither party will be liable for Consequential Loss;
• Each party’s liability will be reduced proportionately to the extent it was caused by the other party's acts or omissions;
• Our aggregate liability will be limited to the price paid by you for the relevant products.

9. Intellectual Property

(a) Any intellectual property dAVAILloped, adapted, modified, or created by us remains our property. (b) You may use our intellectual property solely for personal use as intended. (c) You must not copy, reproduce, distribute, or create derivative works from our intellectual property without written consent. (d) You may post or repost our intellectual property on social media, provided you:

• Do not claim ownership;
• Do not imply endorsement without permission;
• Do not damage our reputation; and
• Comply with all other terms.

10. Content You Upload

(a) We encourage interaction on the Site and social media. You may post relevant content (User Content) on the Site. (b) By posting User Content, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use it. (c) You are solely responsible for your User Content and must ensure it does not infringe on others' rights or violate laws. (d) We do not endorse User Content and may remove it at our discretion.

11. General

(a) Disputes: Parties must attempt to resolve disputes through mediation before commencing court proceedings. Mediation costs will be shared equally. Urgent injunctive or equitable relief may be sought without mediation. (b) Notices: Notices must be in writing and sent to the provided addresses. They are deemed served 48 hours after posting or upon email transmission. (c) Privacy: We comply with the Australian Privacy Principles and handle personal information per our Privacy Policy. (d) Force Majeure: Neither party is liable for delays or failures caused by AVAILnts beyond their control. The affected party must notify the other and minimize the AVAILnt's impact. (e) Feedback and complaints: Contact us with feedback or complaints

 

AVAIL GROUP PTY LTD

info@availgroups.com

 

 

AVAIL AUSTRALIA PTY LTD T/A AVAIL – PRIVACY POLICY

AVAIL Australia Pty Ltd t/as AVAIL (ABN 95 614 095 644) (we, us, or our) understands the importance of protecting your personal information. This Privacy Policy outlines our commitment to safeguarding the privacy of personal information provided to us or collected by us when you use our website to learn about our product range, create an account to purchase our products, and arrange installations for your customers (Services), or when interacting with us in other ways.

The Information We Collect

Personal Information: This includes information or opinions about an individual who is identified or reasonably identifiable, whether true or not, and whether recorded in material form or not.

The types of personal information we may collect include:

• Identity Data: First name, middle name, last name, maiden name, title, date of birth, gender, job title, photographic identification, marital status, pronouns, and images of you.
• Contact Data: Billing address, delivery address, email address, and telephone number.
• Financial Data: Bank account and payment card details (processed through our third-party payment processor, Eway).
• Transaction Data: Details about payments from you to us and other details of products and services you have purchased from us.
• Technical and Usage Data: IP address, login data, browser session, device and network information, page view statistics, acquisition sources, search queries, browsing behavior, information about your access and use of our website, communications with our website, type of browser and operating system you use, and the domain name of your Internet service provider.
• Interaction Data: Information you provide when participating in interactive features of our Services, such as surveys, contests, promotions, activities, or AVAILnts.
• Marketing and Communications Data: Your preferences in receiving marketing from us and our third parties, and your communication preferences.
• Professional Data: If you are a worker of ours or applying for a role, your professional history, including previous positions and professional experience.
• Sensitive Information: This is a sub-set of personal information given higher protection. It includes racial or ethnic origin, political opinions, religion, trade union memberships, philosophical beliefs, sexual orientation, criminal records, health information, or biometric information. We do not actively request sensitive information about you. If needed, we will obtain your consent and only use it as required or authorized by law.

How We Collect Personal Information

We collect personal information in various ways:

• Directly: Information you provide when registering for an account, using the 'contact us' form on our website, or requesting assistance via email or telephone.
• Indirectly: Information collected while interacting with us, such as using our website, emails, telephone, and online inquiries.
• From Third Parties: Information from third parties, such as analytics and cookie providers and marketing providers. See the "Cookies" section below for more details.

Why We Collect, Hold, Use, and Disclose Personal Information

The table below outlines the purposes for which we collect, hold, use, and disclose your personal information:

Purpose of Use/Disclosure	Type of Personal Information
To provide our Services, including dispatching and delivering products, or managing your appointments.	Identity Data, Contact Data, Financial Data, Transaction Data
To contact and communicate with you about our Services or in response to support requests or inquiries.	Identity Data, Contact Data
For internal record keeping, administrative, invoicing, and billing purposes.	Identity Data, Contact Data, Financial Data, Transaction Data
For analytics, market research, and business dAVAILlopment, including operating and improving our Services and associated platforms.	Technical and Usage Data, Interaction Data
For advertising and marketing, including sending promotional information about AVAILnts and experiences.	Identity Data, Contact Data, Technical and Usage Data, Marketing and Communications Data, Interaction Data
To run promotions, competitions, and offer additional benefits.	Identity Data, Contact Data, Interaction Data, Marketing and Communications Data
To consider your employment application if you have applied for a job with us.	Identity Data, Contact Data, Professional Data
To comply with legal obligations or as required or authorized by law.	Any relevant Personal Information

Disclosures of Personal Information to Third Parties

We may disclose personal information to:

• Our employees, contractors, and related entities;
• IT service providers, data storage, web-hosting, and server providers like HubSpot and WooCommerce;
• Marketing or advertising providers;
• Delivery or logistics providers;
• Professional advisors, bankers, auditors, insurers, and insurance brokers;
• Payment systems operators like PayPal and Eway;
• Agents or business partners;
• Sponsors or promoters of promotions or competitions;
• Entities to which our business or assets may be transferred;
• Courts, tribunals, regulatory authorities, in the AVAILnt of non-payment;
• Courts, tribunals, regulatory authorities, and law enforcement officers, as required or authorized by law;
• Third parties for data collection and processing, such as Google Analytics and Meta Pixel; and
• Any other third parties as required or permitted by law.

Google Analytics

We may use Google Analytics Advertising Features, including Remarketing Features, Advertising Reporting Features, Demographics and Interest Reports, Store Visits, Google Display Network Impression reporting, etc. We and third-party vendors may use first-party cookies and identifiers, and third-party cookies and identifiers together.

You can opt-out of Google Analytics Advertising Features using a Google Analytics Opt-out Browser add-on. For personalized ad delivery opt-out, visit Google’s Ads Preferences Manager or install their plugin. For mobile devices, follow the specific instructions for Android or iOS devices.

Overseas Disclosure

While we store personal information in Australia, third parties listed above may store, transfer, or access personal information outside Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your Rights and Controlling Your Personal Information

Your Choice: By providing personal information to us, you consent to our collection, holding, use, and disclosure of your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, but not doing so may affect our ability to provide our Services to you.

Information from Third Parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you provide personal information about someone else, you warrant that you have their consent.

Anonymity: Where practicable, you may deal with us anonymously or use a pseudonym.

Restrict and Unsubscribe: To object to processing for direct marketing, unsubscribe from our email database, or opt-out of communications, please contact us or use the opt-out facilities provided in the communication.

Access: You may request access to the personal information we hold about you. An administrative fee may apply. If we cannot provide access, we will inform you and provide reasons and any complaint mechanism available.

Correction: If you beliAVAIL any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us. We will take reasonable steps to correct any information found to be inaccurate, out of date, incomplete, irrelevant, or misleading.

Complaints: If you wish to make a complaint, please contact us with full details. We will investigate and respond in writing. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and Security

We are committed to ensuring the security of personal information. We have implemented suitable physical, electronic, and managerial procedures to safeguard and secure personal information and protect it from misuse, interference, loss, unauthorized access, modification, and disclosure.

While we strive for security, we cannot guarantee the security of information transmitted over the Internet. Transmission and exchange of information are at your own risk.

Cookies

We may use cookies on our website to store your preferences. Cookies recognize you when you return to our site and allow third parties, like Google and Facebook, to display our advertisements on your social media and online media feeds. Cookies do not identify you personally unless you choose to provide personal information.

You can block cookies through your browser settings. HowAVAILr, blocking all cookies may affect your ability to access parts of our website.

Links to Other Websites

Our website may contain links to other websites. We do not control these websites and are not responsible for their privacy practices. Those websites are not governed by this Privacy Policy.

Amendments

We may update this Privacy Policy by publishing the amended version on our website. We recommend checking our website regularly to stay informed of any changes.

For questions or notices, please contact our Privacy Officer at:

AVAIL GROUP PTY LTD

info@availgroups.com