Terms and Conditions
About These Terms and Conditions
In these Terms and Conditions “we” and “us” meaning Buying Club and “you” means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
Legal Capacity to Transact
If you are under the age eighteen (18) years you cannot place orders with Buying Club.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Buying Club suffer any damage or other losses as a result of a transaction entered into by a minor, Buying Club reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Buying Club.
Placing Your Order
You may place an Order by filling in the Order Form on the Buying Club Web Site and clicking the “Place Order” button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Buying Club website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Buying Club will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Buying Club and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Please note that even though we try to depict product accurately colours and styles may vary slightly to images.
Payment Methods and Processing
Buying Club currently accepts PayPal, Visa, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the “Submit My Order” button.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
- We are unable to accept credit cards issued by banks outside of Australia.
- Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
- You may be required to provide further identification for additional security reference checks.
Buying Club purchases include GST.
Buying Club always seeks to list Products with the most competitive prices.
Buying Club reserves the right to change prices for Products displayed at Buying Club at any time.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery of Your Products
Delivery time takes up to 10 working days from the date your payment is received
In all instances estimated delivery times will be displayed at the checkout for your Product.
Buying Club makes every effort to deliver your Product according to the estimated delivery times provided by Buying Club at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
We encourage you to visit the “Your Account” section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carriers (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
“Your Account” – Your Credits
“Your Account” with Buying Club has a credit facility. You may only use credits in “Your Account” as detailed here. There are only three (3) types of Credit available for use in “Your Account”.
Buying Club in its absolute discretion may credit you with Vouchers from time to time.
Vouchers can only be used for the payment of Products on our website.
Where “Your Account” holds Vouchers and you place an Order for a Product or Products:
- Any Vouchers in “Your Account” credit facility must first be applied towards payment of the Product (or Products);
- Where the payment due on a Product (or Products) is less than the total of the Vouchers in “Your Account”, you retain the future use of any unused Vouchers to apply towards any future Product payments;
- In the event that you do not have sufficient Vouchers for full payment of the Product, and where you hold any Refund Credits in “Your Account”, they must be applied towards the outstanding balance due on the Product; and
- In the event that you have insufficient Vouchers and/or you have insufficient (or no) Refund Credits in “Your Account”, you must pay the balance of the payment due on the Product by PayPal, Visa, MasterCard or American Express.
Buying Club in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.
Coupons can only be used towards the payment of Products on our website.
Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. Buying Club will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
Where a Coupon is used towards the payment of a Product (or Products):
- There may be an outstanding balance due on the Product; and
- Where you hold any Vouchers within “Your Account”, they must first be applied towards any outstanding balance due on the Product; and
- In the event that you have insufficient (or no) Vouchers in “Your Account”, and where you hold any Refund Credits within “Your Account”, they must then be applied towards any outstanding balance due on the Product.
- In the event that you have insufficient (or no) Vouchers and/or Refund Credits in “Your Account”, you must thereafter pay any outstanding balance due on the Product by PayPal, Visa, MasterCard or American Express.
We may credit “Your Account” with a Refund Credit from time to time. Buying Club will only provide Refund Credits under the Terms and Conditions detailed under “Your Rights to Return a Product”.
Where “Your Account” holds Refund Credits and you place an Order for a Product or Products:
- Any (applicable) Coupon and/or Vouchers that may be in your in “Your Account” credit facility must first be applied towards payment of the Product (or Products);
- in the event that (any applicable) Coupon and/or Vouchers are insufficient for full payment of the Product (or Products), you must apply your Refund Credits towards the outstanding balance due on the Product (or Products); and
- Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in “Your Account”, you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
- In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by PayPal, Visa, MasterCard or American Express.
You can only request to redeem the full amount of your Refund Credits held in “Your Account”. To redeem your Refund Credits contact Customer Service here. We will only redeem Refund Credits by a cheque sent to your mailing address.
If you cancel a contract because of a breach of statutory condition (e.g. if the Product is Dead on Arrival), a refund will be payable.
Returning a Product
If the Product is damaged or dead on Arrival, Dead Soon after Arrival or a Later Defect Product, we have indicated below what you should do and how Buying Club will respond to the problem.
Buying Club will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
For further assistance with product returns, please contact Customer Service Department on (02) 8707-5300.
Dead on Arrival Products – “DOA”
A Buying Club Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging.
A Buying Club Customer Service Representative will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to provide a full refund or a replacement product, depending on your choice.
Where Buying Club has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of Buying Club.
If the Product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, Buying Club may refuse to replace the Product or give you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product.
When a refund is given, the returned DOA Product becomes our property.
Dead Soon After Arrival Products – “DSAA”
If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify Buying Club and your claim will be treated in the same way as a DOA product (see “Dead On Arrival Products”).
Later Defect Products – “LD”
If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. Buying Club will exchange the LD Product where possible, or refund you the purchase price of the Product.
A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage. Only rarely will that period exceed one year and usually it will be much shorter.
Buying Club offers a standard 1 year warranty on all Electrical, petrol operated & Motorised Product. Buying Club realises that there may be exceptions and understands that a product must be of reasonable quality and fit for purpose. If a customer believes that their Buying Club product has not given them the value expected with the year after purchase, please contact the Customer Service Department for assistance. Buying Club will then determine whether to make a refund or provide a replacement.
We encourage the notification of claims within 90 days by offering to pay for the return of a Product where a claim is notified within that time and we provisionally determine that the Product is LD. Other cases will be considered on their merits.
Where claims are made more than 90 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.
When a claim for a LD is made, a Buying Club Customer Service Representative will provisionally determine whether the Product is LD. Where a Product is provisionally determined as LD we will arrange to provide a replacement product or a refund.
Where Buying Club has provisionally determined that a Product is LD, return shipping will be arranged at the expense of Buying Club if the claim has been notified to us within 90 days of delivery. Other cases will be considered on their merits.
If the Product is deemed by Customer Service NOT to be LD, and is not covered by a warranty, Buying Club may refuse to replace the Product or give you a refund for the Product.
Where a refund is given for a LD product, it may be given as a Refund Credit to Your Account.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same warranty as the returned Product.
Return Authorisation Number – A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, DSAA or LD, Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to Buying Club within 30 calendar days of the issuance of the RA. Where possible, all Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.
Organising the Return of DOA Products
DOA, DSAA and LD Products must be returned whenever we agree to provide you with a refund or replace the Product.
Where you received a DOA, DSAA or LD Product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RA which you must affix to the product. Buying Club will pay for returned DOA or DSAA items automatically if you notify us of your claim within 30 days of delivery. For LD items. The relevant period is within 90 days of delivery (other cases will be considered on their merits). You must then leave the Product at any Australia Post Office.
Where you have received a DOA, DSAA or LD Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA, DSAA or LD Product.
- The delivery time for the replacement Product will be the same as stated for the original DOA, DSAA or LD Product.
- Replacement Products are provided with the same warranty as the DOA, DSAA or LD Product from the date the Replacement Product is dispatched.
Some Products – Manufacturer Warranty
Some Products sold through Buying Club are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. Buying Club recognises customers purchasing some products, such as electronics and computers; require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, Buying Club will replace the item, issue a refund or otherwise provide a remedy.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data – Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Buying Club Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Buying Club Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
Whilst Buying Club employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Buying Club will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Buying Club. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Buying Club reserves the right to change the Terms and Conditions of sale at any time.
No Buying Club employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Buying Club shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Buying Club, and Buying Club shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.