This policy sets out the circumstances in which goods or services (Goods) supplied by emko Pty Ltd (emko, we, us, our) to a customer (you, your) will be accepted for return.
AUSTRALIAN CONSUMER LAW
The sale of Goods by emko will be subject to certain laws including, without limitation, 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 for compensation for any other reasonable 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.
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
We do not accept return of goods due to change of your mind or you have made a wrong decision about our goods or services.
ASSESSMENT OF GOODS FOR RETURN
We reserves the right to assess the eligibility of Goods for return (including the condition and age of the goods) before accepting them as returned. All Goods which you want assessed for return must be:
- accompanied by proof of purchase from us either by providing a receipt or other proof of transaction; and
- 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 as part of the purchase.
Please note that it may be necessary for the manufacturer of the Goods to inspect the Goods in order to assess eligibility for return. We will endeavour to procure such assessment within a reasonable time.
While Goods are being assessed, we will not be deemed to have accepted the Goods for return.
WHEN GOODS WILL BE ACCEPTED FOR RETURN
Except where required under the ACL or other applicable consumer protection laws or regulations, we will accept Goods for return in accordance with this Returns Policy and only after assessment as set out above, where the Goods are returned in the compliance with 1. and 2. above and:
- fail to meet a consumer guarantee under the ACL; or
- are subject to any express warranty given by emko or the manufacturer of the goods
in conjuction with the goods are returned in accordance with the terms of that warranty.
WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?
When emko accepts Goods for return:
- for a failure to comply with a consumer guarantee which is not a “major failure”, we may either have the goods repaired or provide an identical replacement, or provide a refund of the amount paid for the goods within a reasonable time.
- for a failure to comply with a consumer guarantee which cannot be remedied or a “major failure” (as defined in the ACL), you may either reject the goods and choose a refund, or identical replacement, or one of the same type and similar value (if reasonably available), or keep the goods and get compensation for any drop in value of the goods caused by the failure, or agree with emko to a repair of the goods; and
- under express warranty, we may either repair or replace the goods or offer a refund in accordance with the express warranty.
If you reject goods purchased from us in accordance with the ACL, you must return the goods to us at your own cost.
If goods are accepted for repair, we will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
If you are entitled to a refund under the ACL, your refund 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, as the case may be, we will contact you to make arrangements for delivery of your Goods. We will only pay for delivery of the Goods if they were repaired or replaced because of a major failure or if emko is required by law to meet the delivery cost.
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 programmes;
- Opened software where the applicable licence has been used, copied or disclosed;
- Gift Cards and recharge cards to 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 will not affect your statutory rights including those under the ACL. To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.
For more information, please contact us via the contact form.