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This Agreement is a contract between You ("Customer") and eMarketplace Pty Ltd ABN 82 115 148 966 ("eMarketplace"). It sets out the terms and conditions under which you may purchase products online from eMarketplace. Please read the following terms and conditions carefully before placing your order on eMarketplace. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by eMarketplace. eMarketplace may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of eMarketplace, the customer herein agrees to be bound to the terms and conditions listed on eMarketplace.
1. Placing Order / Pricing
Any Quotation made by eMarketplace is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by eMarketplace within seven (7) days of receipt by eMarketplace of the customer's offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. eMarketplace reserves the right not to sell below its cost. E & OE.
All orders placed are subject to confirmation and acceptance by eMarketplace, this includes the pre-paid orders, e.g., direct deposit etc.
eMarketplace may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. eMarketplace is not responsible for pricing, typographical, or other errors, in any offer by eMarketplace and reserves the right to cancel any orders resulting from such errors.
If eMarketplace requests payment for increased prices, you may cancel the order by giving notice to eMarketplace, which must be received within seven days of the announcement of the increase.
All prices quoted on the website are inclusive GST, but NOT including delivery.
Price may vary depending upon location due to freight costs and other logistical requirements.
eMarketplace reserves the rights to adjust freight cost at any time.
1.1. Lay-By Payment Terms and Conditions
Lay-by orders will only be accepted for orders valued above $500.
eMarketplace currently does not provide (but not limited to) Lay-By payment method for the following products range:
- products on specials
- digital cameras
eMarketplace reserves the rights to refuse any Lay-By orders. Please enquire with eMarketplace for further information.
The Customer must have an account with eMarketplace.
The Customer is deemed to have agreed to the following terms.
A minimum deposit of 20% of the total order amount is required at the time the lay-by order is placed. A non-refundable Lay-By administration service fee of $25 is payable before Lay-By can commence.
Upon payment of the initial deposit, the Customers are deemed to have agreed and accepted to eMarketplace Lay-By Statement as well as Terms and Conditions. Customers are not allowed to change the product(s) of the Lay-By purchase once the Lay-By contract has commenced.
It is the Customers' responsibility to notify eMarketplace of any change in their personal details (for example, address, email address, contact number etc).
It is the Customers' responsibility to ensure eMarketplace's emails are not filtered from Customers' e-mail inbox.
Orders will be delivered to Customers when the final payment is made and all payments have cleared into eMarketplace's bank account.
If Customers are having trouble making their lay-by payments on time, Customers should contact eMarketplace as soon as possible to discuss the options. If Customers fail to make payments, Customers are in breach of the contract and eMarketplace reserves the right to cancel the Customer's lay-by.
- Lay-By Cancellation:
If Customers change their mind or are late in making the specified payments, Customers are in
breach of the Lay-by Terms and Conditions.
eMarketplace reserves the right to cancel a lay-by when:
- the good(s) are no longer available
- Customer has broken the terms and conditions of the lay-by and has not rectified the breach within 14 days of notice
- Customer's lay-by order is in suspension for an extended period of time (i.e., 3 months
from the date of first Payment Reminder email/letter issued) and without being
rectified by Customer, the order may be cancelled at eMarketplace's
discretion and all payments previously collected will be forfeited without refund.
- Lay-By Cancellation Fee:
Customers are required to pay a Lay-By Cancellation fee of 20% of total order amount.
Customers are required to pay a Lay-By Cancellation fee when:
- Customers cancel the lay-by transaction
- Customer has broken the terms and conditions of the lay-by and has not rectified the
breach within 14 days of notice and thus result in the cancellation of the lay-by.
eMarketplace will refund Customers the remaining amount paid (after deducting the Lay-By
Cancellation fee). Please note that the Lay-By administration service fee is non-refundable.
The refund will be made to the bank account of the Customers. However, if
a Customer's lay-by order is in suspension for an extended period of time (i.e., 3 months
from the date of first Payment Reminder email/letter issued) and without being
rectified by Customer, the order may be cancelled at eMarketplace's
discretion and all payments previously collected will be forfeited without refund.
eMarketplace reserves the rights to change the Terms and Conditions of the Lay-By contract
under the terms as agreed with the Customers. All agreed Terms and Conditions will be
communicated in the form of writing by either email or letter. Any other forms of agreement
are not legally binding.
2. Delivery
eMarketplace does not ship to a Post Office (PO) Box.
eMarketplace in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from eMarketplace's premises.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the Customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will receive an email confirmation from eMarketplace, which will include a hyperlink with your order number. You can use this order number to track your order status online when you log onto 'Your Account' section in eMarketplace.
3. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee has been given by eMarketplace in writing providing for liquidated damages for failure to deliver by the Quoted date, eMarketplace shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for products, not withstanding any failure by eMarketplace to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from eMarketplace in writing. The latter case will attract a minimum of $50 OR 20% restocking fee - whichever is greater.
4. Returns / Exchange/ Cancellations
All goods to be returned, faulty or not, will require a Return Authorisation Number before they can be returned. To obtain a Return Authorisation Number, please contact eMarketplace.
Note: eMarketplace follows the returns policy of its suppliers. As such, we advise all our Customers to check with eMarketplace on the returns policy of the products before any purchase.
There will be no credit given on ordered price difference, due to price drops.
Returns for refund will only be accepted within 7 days of Customers receiving the goods. Due to the costs involved with processing returns and cancellations, a minimum of $50 OR 20% restocking/cancellation fee (whichever is greater) of the purchase price will apply for any change of mind returns/cancellations.
All products returned MUST be 100% complete and contain ALL original manufacturer boxes with the original UPC code (Universal Product Code, usually located on the surface of the manufacturer box) and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. All products returned for credit must be in pristine, unopened condition with all seals intact. Opened, damaged or soiled product will not be accepted. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to eMarketplace within 24 hours of Customer receiving the delivery. This can only be done currently by email.
If item(s) received is not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the Customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
eMarketplace owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by eMarketplace, the Customer may be required to provide information in that eMarketplace can easily assist the Customer with any credit or cancellation. This information may include member's names, address, home and work contact number and any other relevant information required by eMarketplace. Failure to provide sufficient information may delay the credit or cancellation, eMarketplace is not to be held responsible for any delays according to clause provided by eMarketplace.
Any attempt to cancel an order must be made as soon as possible. It is not possible to cancel an order once order has already been shipped.
eMarketplace recommends that products returned by post be sent by registered or certified mail. eMarketplace accepts no responsibility for loss or damage occurring in transit.
Returns and cancellations may be communicated via email only.
For more details on our return policy, please refer to:
- Return of DEFECTIVE Goods
- Return of NON-DEFECTIVE goods
- Discontinued Products
- Special Conditions
5. Dead on Arrival (DOA)
DOA (Dead on arrival) items are eligible for repairs or replacement only. We do not issue refunds for DOA products. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. This is particularly important for laptops, PDA, mobile phones etc where the manufacturers have strict guidelines.
If a product returned as "Dead On Arrival" is inspected and found to be non faulty, a non-negotiable of $100 non-DOA goods fee shall be chargeable. The Customer will have to pay for the shipping cost before the non-defective item is returned to the Customer.
6. Warranty Claim
Goods under warranty cover will be replaced or repaired by the manufacturers. No refund can be provided under any circumstances.
Warrantees for individual parts we sell are provided by the manufacturers, not eMarketplace.
Warranty only covers the item(s) sold by eMarketplace. Warranty does not cover any other equipment used in conjunction with the item(s) sold by eMarketplace.
eMarketplace does not handle warranty claim for those goods where the manufacturer accepts direct warranty claims from Customers. Most of the laptops, mobile phones, PDA/handhelds etc are covered by direct manufacturer warranty.
Please obtain a Return Authorisation ("RA") number from eMarketplace & clearly mark goods with the "RA" number with warranty & serial number labels clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty condition on warranty card supplied with goods. Unless a unit is dead on arrival (DOA) or damaged in transit, in this case must be received with 7 days of invoice date, goods shall remain in the property of the Customer & will be processed by the relevant manufacturer or agent as soon as possible. eMarketplace will not be liable for any loss, whether material or not of such goods.
All warrantees are voided if returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
eMarketplace is not responsible for data contents or the security of the data contents contained in any returned goods. Our workshop works under strict guidelines, not to intercept with any Customer data. Despite this, Customer should back up any data prior to sending the goods back to eMarketplace; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. We do not provide data recovery service.
Customer is responsible for proper packaging of "RA" returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the Customer as is.
Customer is responsible for any shipping and insurance cost involved in sending the warranty claim goods back to eMarketplace. eMarketplace is not responsible for any parcel missing in transit, on its return back to eMarketplace.
Product(s) discontinued by manufacturer(s) shall be upgraded to a similar product or a credit will be given at the current market value or the purchase price whichever is lower.
7. Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier's own test and replacement/repair, and the shipping back to eMarketplace.
eMarketplace does not provide advance replacement under any circumstances. Please keep this in mind when placing an order. eMarketplace is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If Customer will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, Customer should consider purchasing it from a provider that offers instant replacement.
8. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to eMarketplace without deduction or demand, within the approved term as advised by eMarketplace, or in the absence of a term approved by eMarketplace, within (7) days from the order date.
Payment for products ordered through eMarketplace can be made via Visa, MasterCard, AMEX or direct deposit payments. We only accept Australia issued credit cards. Orders placed using Non-Australia issue credit cards will be cancelled automatically.
9. Default in Payment
If the Customer defaults in payment to eMarketplace, then:
a/ the Customer shall pay to eMarketplace, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to eMarketplace shall become due and payable forthwith without demand, and
c/ eMarketplace may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
10. Liability
a/ eMarketplace shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ eMarketplace expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
11. Retention of Title
11.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by eMarketplace. Until the Customer has paid to eMarketplace the full purchase price:
a/ Customer shall hold the Products as bailee for eMarketplace.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify eMarketplace against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by eMarketplace, or repossession or attempted repossession by eMarketplace.
d/ any sale of the Products shall be effected as bailee for eMarketplace, and the proceeds of such sale shall be held on trust for eMarketplace. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit eMarketplace to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by eMarketplace, wherever they are located.
11.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between eMarketplace and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between eMarketplace and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
eMarketplace may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where eMarketplace reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, if monies are recovered in full, the Customer ceases to be liable to eMarketplace for payment for the Products.
12. Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact eMarketplace Team.
13. Obligations of the Customer
As member of eMarketplace, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, eMarketplace will not be held responsible in any manner.
On the first purchase the Customer places with eMarketplace, the Customer might be required to provide additional identification to eMarketplace to help eliminate Internet credit card fraud and to provide additional security.
eMarketplace reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to eMarketplace immediately.
eMarketplace does not stored any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safe guard.
14. Username and Password
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify eMarketplace in relation to any liability arising out of the unauthorised use of your user name and/or password.
15. Privacy
For details on the eMarketplace Privacy Statement, please refer to the Privacy Statement.
16. Provision of Credit
The provision of credit and/or the continued provision of credit by eMarketplace to the Customer from time to time, shall be in the absolute discretion of eMarketplace.
a/ eMarketplace may at its absolute discretion extend credit to the Customer; or
b/ extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to eMarketplace; or
c/ may at any time vary or cancel the credit facility available to the Customer Credit account must have eMarketplace Guarantee in place.
17. Differences and Complaints
Subject to the provisions of clause 7, eMarketplace shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises eMarketplace in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
18. Waiver
The failure or neglect by eMarketplace to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of eMarketplace's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice eMarketplace's right to take subsequent action.
19. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
20. Governing Law
eMarketplace and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Victoria, Australia.
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