TERMS AND CONDITIONS OF SALE
PRESS DIGITAL PTY LTD

Press Digital Pty Ltd is a wholesale supplier of mobile technology and strives for excellence in all aspects of our dealings with our wholesale and corporate customers nationally.  To do this effectively, we have had to standardise on and draw up a documented standard, in accordance with NSW Trade Practices Act 1974 and in line with Fair Trading Act, that protects both the interests of the wider customer-base and the Press Digital business from unfair and illegal practices effected by a very small minority.  Please note that as a wholesaler, we reserve the right to reject customer trade or direct sales applications, refuse service for any reason at our discretion and reverse sales placed on Press Digital without incurring cost to the customer for reasons including, but not limited to, stock issues, supplier delays, client history or customer behaviour.   We reserve the right to reject account applications on the basis of credit history or retailer reporting agency feedback.

These terms and conditions are a legal contract which you are entering into when purchasing product from Press Digital Pty Ltd - They cover all Products and Services you may wish to purchase from C1 Group and Press Digital Pty Limited A.B.N. 75 113 401 620 (also referred to as ‘Press Digital’), either in-person at our retail dealerships nationally, via phone or via the online store found at www.pressdigital.com.au. 

DEFINITIONS

Term	Definition
Customer	Any entity, business or corporation that is the purchaser of the products and services.
Products	Any products (including software) or services supplied to the Customer by Press Digital and described in Press Digital’s documented tax invoice/s.
Sales contract	Any sales contract or distribution agreement entered into by Customer and Press Digital in respect of the Products and Services supplied to Customer in which these Terms are deemed to be incorporated.

ORDERING PROCESS

Customer Account Details / Login

Press Digital Pty Ltd does not take responsibility for Customer user names and password protection beyond the protection of our own servers.  It is the responsibility of the Customer to protect and control the use of user names and passwords.  Customers are liable to pay all monies outstanding from the purchase of goods on their account by any person that uses their user name or password without their consent. The Customer agrees to release and indemnify Press Digital in connection with any use, authorised or unauthorised, of the Customer’s user name and password. Press Digital may suspend or cancel the Customer’s account, sales or online orders at any time without prior notice for reasons including unlawful use of trademarks, material or inappropriate dealings with Press Digital staff (client behaviour).

Delivery Address and Contact Details

Press Digital my require a physical street address and landline telephone number to allow the accurate and prompt delivery of Products purchased.  This requirement can only be waived by Press Digital Management team on a case-by-case basis.  Delivery is via a tracked parcel service or local courier and cannot always be to a Post Office Box - In some instances we may be able to arrange PO Box delivery but a verifiable physical contact address detail will additionally be required for identification purposes.  Persons receiving the Products at the delivery address will be presumed by Press Digital and the third-party courier to be authorised to do so.  The customer accepts full and complete responsibility for freight where parcels are requested to be sent to a PO Box.  We not that supply or an Australia Post tracking number will be the end of Press Digital's responsibility where parcels are shipped to a PO Box.

NOTE: An authorised signatory should be available to sign and take responsibility for the Products at the delivery address.  Photo identification may be requested depending on the value of the order or address involved.  Press Digital staff reserve the right to request photo identification be tendered prior to shipping of parcels where addresses or goods to be shipped are designated unusual or simply higher risk.

Orders and Delivery

All orders placed with Press Digital - regardless of how they are placed - are subject to confirmation and acceptance by Press Digital.  As a wholesaler, Press Digital is not obliged to accept your order.

Press Digital will endeavour to deliver the Products to the Customer at the address specified in the order details in an expedient manner. Where the Products are not available, the Customer will be notified of this by Press Digital via email as soon as possible. Press Digital makes best endeavours to keep the vast majority of our range on hand but manufacturer delays can occur.  We do not accept any legal responsibility for such delays. The client agrees that the maximum liability in any event is the amount paid excluding freight.

If there is no-one at the delivery address or no-one of appropriate age or state is available to receive the Products, Press Digital may charge the Customer additional delivery fees for return freight or redelivery.

Once delivered to the Customer or custodian, the Products become the responsibility of the Customer.  The Customer will take ownership (assuming payment has been received) and be responsible for Products that are lost or stolen while in the Customer's posession.

Prices and Payment

Payment options include Visa, MasterCard, BankCard and American Express credits cards. Press Digital may pass on the surcharges levied by the credit card companies at the prevailing rate - This will be shown on your order confirmation prior to acceptance.  We also offer Moneytech, BPay and Electronic Funds Transfer options.  Products will be shipped once payment has been cleared unless a pre-approved credit agreement has been put in place.

 All publically displayed prices quoted on the online store are in Australian Dollars and are inclusive of GST (unless otherwise stated) and exclusive of freight.  Approved wholesale, reseller or distributor accounts (ie Approved Wholesale accounts) may be quoted in Ex GST pricing.

Press Digital reserve the right to change pricing, specifications and terms and conditions at their discretion.  Prices may be changed as a result of, but not limited to, market fluctuations, changes in bank fees or mistakes made by suppliers.  Press Digital will make best endeavours to provide the Customer with notice of the pricing changes. In the event of a price change or specification change, the Customer may cancel an order by giving Press Digital notice of intent, within seven (7) days of the announcement of the price change. In the event where a product specification change makes the product no longer match the written specification under which it was sold, the customer may request and is entitled to return the product within 7 days for a full refund where the new specification does not match their requirements.   Press Digital warehouse will make best endeavours to only ship goods where a manufacturer change has occurred after receiving confirmation from the customer of a change acceptance. (Most changes simply reflect product improvements and enhancements).

Payment is generally required prior to delivery of the Products to the Customer unless otherwise agreed upon in writing by an authorised officer of Press Digital.  If the Customer fails to make payment in accordance with this clause after demand for payment by Press Digital, all amounts owing by the Customer to Press Digital will immediately become due and payable together with the cost of interest and legal enforcement.

Press Digital may in its sole discretion suspend the account of the Customer until all amounts owing are paid for in full and from time to time and at any time, vary or cancel any credit facility it makes available to the Customer.

The Customer will be liable to pay interest plus late payment fees on any overdue monies at the annual rate of 2% or more above the prevailing base lending rate quoted by the St. George Bank Limited.  Interest will accrue daily from the date payment became overdue until Press Digital has received payment of the overdue amount, together with any interest accrued.

The Customer shall pay the full amount due to Press Digital under this clause and shall not deduct from that amount any tax in relation to purchase of the Products.  The Customer shall reimburse Press Digital for any taxes Press Digital pays on its behalf.

The prices for specific Products are displayed on the Press Digital website and may vary based on promotions and dealer status.  Unless otherwise advised, we do not offer price protection.  This price is the final price to be paid by the Customers at the time of placing an order excepting shipping and handling charges fully disclosed prior to checkout. Press Digital will endeavour to advise Customers of significant price changes, however reserves to right make price changes without notification. 

We will not make a price adjustment to your order if an order has already been paid for or has been shipped. Please note that any new promotional pricing may not be applied after an order is placed and has commenced packing.

To cancel an order (with a valid reason) the Customer is required to send a clear, polite and concise email stating the order number and reason for cancellation to Submit Ticket to ensure the transaction is documented. Please note that orders may not be cancelled without a Return Material Authorisation (RMA) number obtained from the order status area from the Customer's Login.  Shipping costs and merchant fees (credit card fees) are not refundable unless non-shipment is due to errors or omissions on behalf of Press Digital or a Press Digital supplier.  In the case of a special order part, a cancellation may result in a significant restocking fee.  See Returns procedures below.

For each order, the Customer must pay the applicable price for the relevant goods plus the delivery, handling fees and any taxes applicable specified on the online store, as quoted.

The Customer order and credit card details are encrypted, safe and secure.  Press Digital uses a Secure Internet Payment service gateway provided by St. George Limited to provide a safe environment for the authorisation of credit card transactions over the Internet.  All personal and credit card information provided to Press Digital is also encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.  Credit card numbers are not stored online.  They are handled in realtime with St George bank for your safety.

Pictures and Images

Press Digital endeavours to display the closest available depiction of all products on its website, however minor variations can arise.  It is possible the picture shown may differ slightly (eg colour or packaging) from the actual goods for sale. It is responsibility of the Customer to read the description of the Products description carefully before making a purchase as the description will generally clarify any variations in product image.  If anything is unclear, the customer should contact http://www.pressdigital.com.au/helpdesk to clarify any potential misunderstandings prior to purchase.  Images of Products on the website are used under licence and remain the property of their respective owners.

Battery Warranty

Unless otherwise stated, all batteries for sale on Press Digital will be third party replacement batteries, not packaged or manufactured directly by the OEM for which the battery is destined.  The customer acknowledges that said 'replacement' batteries are designed (aftermarket) by their manufacturer to perform as well or better than the equivalent capacity / equivalent quality OEM battery, however, the customer also acknoledges that Press Digital's battery warranty applies only to the battery itself and does not cover any other equipment, incidental damages, loss of income, revenue, stress or anything else arising from the use of a Press Digital supplied battery.  Any battery marked 'replacement' will be a direct replacement to an equivalent OEM part number.  Press Digital provides a voluntary (not statutory) 12 month warranty on all aftermarket batteries and a 14 day compatibility guarantee to ensure that your device does in fact work correctly with a documented compatible third-party battery.   Should the received aftermarket battery not perform as well as the eqiuvalent OEM battery within 14 days, you are entitled to a refund less freight costs upon return of the battery to Press Digital documenting the tests taken to reach this conclusion.

Press Digital does NOT recommend or sell batteries for mission critical, life support systems or other uses where battery failure may jeopardise life or income.

RETURNS AND WARRANTIES PROCEDURES

This agreement contains the limited warranty and terms and conditions applicable to all Press Digital Products such as personal digital assistants, notebooks, computer hardware, components and services.  The Customer must read the individual warranties for Products and accessories contained within the packaging of the individual Products. By completing the checkout process and selecting "I Agree" during this process, the Customer agrees to be bound to the Press Digital Terms of Sale agreement as stated in this document (and any applicable updates) and understands that it applies to the purchase of all Products from Press Digital. 

Restrictions Imposed by Manufacturers

Press Digital is an authorised reseller and distributor of a broad range of Products and for many of these Products Press Digital is not the service / support agent.  Each manufacturer specify conditions under which the Products Press Digital distribute may be returned and supported.  It is the responsibility of the Customer to read and understand the conditions outlined by the manufacturer in addition to those detailed by Press Digital.  A Return Material Authorisation (RMA) must be issued prior to the return of any goods to Press Digital.  Where Products are to be returned directly to the manufacturer, refer to the manufacturers terms and conditions as you may be required to obtain a return authorisation from the warranty service agent specified by the Manufacturer.

Refer to the manufacturer’s website for warranty information and service / support agents in Australia or contact http://www.pressdigital.com.au/helpdesk for specific contact details of the appropriate repair centre.

Manufacturer	Website Address (URL)
iMate	www.clubimate.com  (Warranty Repairs - www.mpsqld.com )
O2	www.seeo2.com (Warranty Repairs - www.mpsqld.com )
Sandisk	www.sandisk.com
Dopod / HTC	www.dopod.com (Warranty Repairs - www.phonetec.com.au )

The above warranty contact points do not apply to "Press Digital Platinum Service" contract customers.  Platinum service provides for a single warranty point of contact (Press Digital head office) and provides additional benefits as explained in the Platinum Service notes.

Dead on Arrival (DOA) Products, Returns and Refunds

Any Products which are received faulty (DOA) or where the Products fails shortly after sale (Early Life Failure - ELF - up to 7 days from date of purchase) to an end-user is considered DOA or ELF respectively.  The Customer is to follow the steps described below:

Step 1: Upon receipt of the Products believed to be DOA, Press Digital must be notified.  Customer must log in to the Press Digital website, go to ‘Order Status’, ‘View’ detail of Product to be returned, click on the ‘RMA’ link, then complete and ‘Submit’ the form provided.

Step 2: A RMA number will be displayed.  Record the RMA number for future reference.

    

Step 3: Upon receipt of an approval, via email, authorising the return of the Products, Customer is to arrange for the Products to be shipped to ‘Press Digital, Ground Floor, 6 West Street, Pymble NSW 2073’, at the Customer’s expense. Please note that an authorisation to return is provided to allow Press Digital to evaluate the units in question. 

    

Step 4: The RMA number should be clearly written on either the outside of the shipping carton or on a note enclosed inside the shipping carton. If the RMA number cannot be identified, the Products will be returned at the Customer's expense.

    

Step 5: Press Digital will endeavour to repair or replace the product within seven (7) working days of receipt of DOA Products.  Where Products cannot be replaced within this timeframe, Press Digital will contact the Customer and advise of the estimated delivery date.

NOTE: Where a Product returned as DOA is not found to be faulty, the Customer may be charged a ‘no-fault’ fee of up to $AUD100 for the services of a technical assessor outside warranty.

Limited Return and Credit of Goods Policy

All returns for credit or exchange may be subject to a 15-55% restocking fee (and/or potentially consulting or services fees) and must be completed within 30 days from the invoice date. No returns (excepting standard warranty) will be accepted beyond 30days.  The majority of Product manufacturers do not allow opened non-defective items to be returned for credit or exchange.  In many cases, Press Digital may elect to offer a voluntary product exchange or upgrade / trade-in service where the customer wishes to trade-up to a different model.  Contact http://www.pressdigital.com.au/helpdesk for eligibility requirements.

Please note that we do not accept goods for return in the following situations:

• Where a customer has purchased a product outside their technical scope or expertise to operate and fails to operate the goods where reasonably expected to do so.
• Where a customer is unable to understand operational procedures, instruction material written in English, or is simply "frustrated" through lack of training or experience.
• Where a product purchase includes a Software Development Kit and finds they do not have the training to develop what they set out to through no fault of the device or applicable SDK.
• Where a customer has simply changed their mind or has found the same product for a different price elsewhere.
• Where customer-specific circumstances such as lighting, temperature, location, state of employment, jurisdiction, or other factor outside the control of Press Digital make a product perform in a way that is outside the scope or experience of the customer or Press Digital Staff.

Press Digital will in all cases attempt to be reasonable and will usually offer a compromise wherever possible in situations where goods do something simply unexpected by the customer or in cases where experience and devices do not match, however, we do not automatically have to offer a refund under the Fair Trading Practises Act and reserve the right to refuse refunds in many circumstances where allowable under a reasonable interpretation of the applicable legislation. Where confusion exists, a store credit or upgrade will often be offered to ensure mutual satisfaction with the returns process.

Press Digital may charge consulting fees for services rendered where services provided are associated with any products returned for refund.  Such serivces will be charged at the standard Class 1 - C1 Group consulting rate (currently $175ex GST / hour - min 2 hours). Such fees may be deducted from any credit applicable. 

Where a refund / return is permitted by Press Digital Support staff, Press Digital maintains a strict seven (7) day authorised product return policy (see below for details).

 

Step 1: Should the Customer wish to return any Press Digital Products,  Press Digital must be notified.  Customer must log in to the Press Digital website, go to ‘Order Status’, ‘View’ detail of Product to be returned, click on the ‘RMA’ link, then complete and ‘Submit’ the form provided.

    

Step 2: A RMA number will be displayed.  Record the RMA number for future reference.

    

Step 3: Upon receipt of an approval, via email, authorising the return of the Products, Customer is to arrange for the Products to be shipped to ‘Press Digital, Ground Floor, 6 West Street, Pymble NSW 2073’, at the Customer’s expense.

    

Step 4: The RMA number should be clearly written on either the outside of the shipping carton or on a note enclosed inside the shipping carton. If the RMA number cannot be identified, the Products will be returned at the Customer's expense.  A condition assessment will be made upon receipt of the RMA.

    

Step 5: Press Digital will provide the Customer with the ability to exchange the Product with other Product in stock, supply a credit voucher for use via the Press Digital website or in limited circumstances as required specifically under Dept of Fair Trading / Fair Trading Act guidelines, provide a refund less reasonable shipping and handling expenses.

    

Special Conditions

Returns other than warranty will NOT automatically be accepted after seven (7) days from the date of invoice, other than DOA Products / those covered under the manufacturer’s warranty.  Press Digital may reject DOA / ELF devices failing under 7 days but not returned promptly (within 14 days of invoice) to Press Digital for processing with the manufacturer.

Returns, other than Warranty Products, will NOT be accepted if Products are not in original condition (seal broken or shrink wrap removed) and/or used, meaning not fit for resale.  If such a return is accepted, a restocking fee based upon assessment of returned stock will be deducted from any credit provided.

Press Digital will not be liable for any damage or defects of the Products that have been caused by the improper transport or storage or by any abuse, neglect or improper use, installation, maintenance or unauthorised repair.  The provisions of this clause do not extend to any Products which have been added to, varied, or otherwise modified by any person other than Press Digital.

Products such as special order, clearance or those marked and supplied on a ‘NO RETURNS’ basis can not be returned to Press Digital unless the Products are deemed to be faulty within the warranties imposed by statute and which cannot be excluded by these terms and conditions.

Press Digital will charge a restocking fee to attempt to recover part of the repackaging costs if Products are not returned in original and resalable condition.  Press Digital enforces any such restocking fees through the use of a collections agency which may affect your credit score should any accounts not be settled within 14 days.

PRIVACY AND CLIENT BEHAVIOUR

Press Digital respects the privacy of the Customer and will not disclose any personally identifiable information to any third party except as required by law or as provided for in the following extreme circumstances.

Should the customer commit credit card or product related fraud, apply threatening or abusive behaviour to any company staff members, in any way become abusive or commit slander, any privacy protection warranties may be considered revoked and the customer by their actions are expressly agreeing to have their details provided to law enforcement, reporting authorities or black-lists as applicable.   Furthermore, in the event of abusive, slanderous, threatening or inappropriate communications with Press Digital team-members, the NSW Police or relevant authorities will be notified.  The offenders details may be recorded and conversation notes or recordings may be used as evidence.

Press Digital endeavours to comply with the Privacy and Personal Information Protection Act 1998 which details standards for the collection, access, storage and use of personal information which Press Digital obtains during the sales process.

All information collected in-person or through the Press Digital website will be kept strictly confidential and will not be sold, rented, distributed or otherwise voluntarily disclosed to any person or company except specifically for the purposes of Customer order fulfilment or as detailed above.  Should the Customer subscribe to the Press Digital VIP club, they are authorising Press Digital / C1 Group staff to make contact via the provided contact details for the purposes of internal Press Digital / C1 Group marketing activities only.  (Generally one email per month) .  The Press Digital VIP membership email list is not made available to any third party organisation.

Press Digital’s Standard Privacy Statement can be viewed at http://www.pressdigital.com.au/privacy.php

Credit / Trade Account Assessment

For the purposes of a trading, cash or credit assessment, Press Digital may need to disclose to a client, retail or credit reporting agency information acquired by Press Digital in the application process.  The Customer authorises Press Digital to disclose the following information to a credit reporting or law enforcement agency for these purposes:

 · Customer name and address - for security purposes;

· Credit limit on existing Customer accounts - for credit assessment purposes;

· Amount of any overdue payments of at least 60 days;

· Advice that the overdue payment is no longer overdue;

· Any method of payment including, but not limited to, cheques, electronic funds transfer, BPay, credit card payments which have been dishonoured;

· Information that, in the opinion of Press Digital, the Customer has committed a serious credit or other infringement and

· Information that Press Digital has ceased to supply the Products to the Customer. (Blacklisting conditions)

LIMITATION OF LIABILITY

To the maximum extent permitted by law, Press Digital will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or data, or for any injury or death to any person or parties for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of any negligent act or omission or wilful misconduct of Press Digital or its employees or agents or the supply, performance or use of any products or services or any breath of Press Digital of its obligations under these Terms and Conditions or any relevant or related Sales Contract.  In any event, Press Digital's maximum liability shall be the total amount paid for the goods and services or $2AUD, whichever is the greater.

ACCEPTANCE

Customer Acceptance of Terms and Conditions

By entering or using the Press Digital online store, the Customer warrants that they are in full and complete agreement with these Terms and Conditions and Privacy Statement. If the Customer DOES NOT agree with any of the above clauses, they should immediately discontinue use of the website, clearing / destroying all cached or recorded information relating to the site and not enter into a sales contract with Press Digital. 

Copyright

Any data retention related to Press Digital's online content and web-pages is copyright Press Digital Pty Ltd.  Any copies, printouts or retained data is covered by copyright.  Any such data may not be distributed for any purposes without the sole, express permission of the author.  Any use of the data presented on Press Digital acknowledges acceptance of the terms and conditions stated herein.

Changes to Terms and Conditions

It is the sole responsibility of the Customer to read and understand Press Digital’s Terms and Conditions each time an order is generated by the Customer.  A copy of the terms and conditions will also be made available within the Press Digital helpdesk.

Press Digital may add to, delete or change these Terms and Conditions, without prior notice.  Each order is governed by the prevailing Terms and Conditions posted on Press Digital’s website.

Thankyou for choosing Press Digital Australia.