Terms & Conditions
Introduction - In these Terms and Conditions "we", “our" and "us" mean The Real Deal Group ABN 18317 456 029 trading as TheRealDeal.com.au and our website means the URL www.TheRealDeal.com.au and "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.
1) Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order.
Our acceptance of your offer is confirmed by us providing you with an order reference number. Once we provide you with the order reference number a binding contract is formed.
2) Australia only Deliveries
We only deliver within Australia.
3) Legal Capacity to Transact
A) If you are under eighteen (18) years of age, you cannot order via our website.
B) Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
4) Processing your Order
A) After ordering online, you will receive an email confirmation from us, PayPal or eWAY (our Secure Payment Gateway) containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering.
B) We will not dispatch your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
C) Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your Tax Invoice.
D) We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
E) If we cannot process your order after receiving payment, we will contact you using your registration details or the details entered at the checkout.
5) Payment Methods and Processing
We currently accept the following methods of payment only:
- Credit Cards / Debit Cards
- Direct Deposit / EFT
B) Orders placed on weekends or public holidays will be processed on the next business day.
C) Business days are Monday to Friday, excluding NSW Public holidays.
D) We process payments only after you successfully complete the checkout.
E) Your tax invoice is your proof of purchase and is required for any warranty claims.
All purchases include GST unless otherwise stated.
We reserve the right to modify prices published on our website at any time.
Most stock is sourced direct from suppliers once a customer order is accepted. All stock availability representations on this website are accurate as of our last known stock level with the manufacturer and is subject to change without notice.
The estimated delivery date for items ordered depends on where you live. It is calculated from the time that you receive the Order Dispatched email, not from the time the order was placed. Customers will be notified if item/s are on backorder.
9) Delivery and Shipping Times
A) Most major local suppliers either deliver directly to your address or deliver the ordered items to our warehouse within 5-7 business days of order. Smaller suppliers can take 1-2 weeks.
B) We will deliver each ordered product/s to the place of delivery designated by you (but we are unable to deliver via courier to PO Box addresses).
C) Once the items have arrived in our warehouse, there can be up to another 1-2 business days for processing and dispatch.
D) Depending on the chosen shipping method (Australia Post or Courier) there may be another 2-7 days for your item to reach you.
E) Once your order has shipped, you will receive an email confirmation. Please then allow for standard Australia Post or Courier delivery times.
F) The estimated delivery date for items ordered depends on where you live. It is calculated from the time that you receive the "Order Dispatched" email, not from the time the order was placed. These are estimates only, based on information provided by Australia Post and our Courier partner:
3-5 days New South Wales / Victoria / ACT / South Australia / Queensland
3-7 days Tasmania / Western Australia
4-10 days Northern Territory
Please allow an additional 1-2 days for regional areas on top of the above times.
G) We make every effort to deliver your ordered products within the estimated delivery time you have entered at the checkout.
H) The estimated delivery times for products are during business hours (9am to 5pm) Monday to Friday excluding NSW Public Holidays.
I) Estimated delivery times may vary due to circumstances beyond our control.
J) If no-one is available to accept delivery at your specified address, items will be taken to a local depot or post office for collection. An Article Awaiting calling card will be left at the delivery address, containing all relevant contact details. There are limitations on all courier networks and some remote delivery addresses will not be serviced door-to-door. In these cases, the couriers will deliver to a local depot or Australia Post Office and the customer will be contacted to collect from there. In these circumstances, delivery is completed by us at the time the Article Awaiting card is left at your premises.
10) Title and Risk
Title to and risk in the products will pass to you upon delivery from us. Title to those products which are software, shall remain with the applicable licensor(s) at all times.
11) Cancelled Orders
A) Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
B) No refunds, credits or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
12) Faulty, Damaged or Defective Product & Product Return
A) A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery.
B) If products are received damaged, faulty or not as advertised, please contact us immediately to resolve the problem. We will evaluate the case and arrange to have your product tested, replaced or exchanged. A refund is only available if the product is no longer available.
C) Products damaged in transit must be reported to us within 24 hours of receipt of the product.
D) If you receive a product that you think is defective, you are to immediately contact our Customer Service Team who may provisionally determine whether the product is defective. You have 14 days from the date of delivery to report a defective product.
E) Where a product is provisionally determined to be defective we will arrange to repair or replace the product.
F) Where we have provisionally determined your product is defective, return shipping may be arranged. In such case, please ensure that all original items including packaging are returned. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
G) If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
H) We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $50 handling and administration fee.
I) Products must be returned whenever we agree to replace the product or provide you with a refund.
13) When a Replacement Product is arranged
A) A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
B) The delivery time for the replacement product may be the same as stated for the original product.
C) Replacement products are provided with the same warranty as the original product.
14) When a Refund is arranged
A) Refunds include delivery and associated costs for the defective product.
B) No refund will be processed until we have received the product from you.
C) Refunds will only be issued to the same credit card or debit card used for the original purchase.
15) Proof of Purchase for a Warranty Claim
Your tax invoice must be produced as proof of purchase for all warranty claims or returns. To request another copy please contact our customer service team via email and include your name and order number.
16) Warranty if an item is replaced
Most manufacturers set their own warranty terms and conditions and these can often vary according to product and model. Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.
17) Warranty transfer
Warranty is only valid with proof of purchase on the original goods which will be warranted as long as it complies with all other terms and conditions. Warranty is NOT transferable.
18) Warranty Claims
Please contact the manufacturer for all warranty claims.
B) Warranty is valid within Australia only; however please contact the manufacturer in regards to international warranty.
C) For assistance with a warranty claim, please contact our customer service team via email.
19) Warranty Coverage
A) Unless specifically stated, all items sold are covered by the manufacturers or local agents warranty.
B) Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
20) Extended Warranty
Extended warranties are available for most products sold through our website.
21) Computer Hardware & Software - Exclusions and Limitations Hardware
A) We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products.
B) In relation to any computing media product, or any computing hardware product or computing part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from TheRealDeal.com.au.
C) Recovery and reinstallation of system and application software and user data are not covered under any warranty.
D) All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that TheRealDeal.com.au does not warrant any software under these Terms and Conditions.
E) All rights, title or interest in respect of the intellectual property rights in the software remain with TheRealDeal.com.au or the licensor of the software at all times.
22) Our Liability
A) TheRealDeal.com.au shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
B) To the extent permitted by law and subject to clause 25(D) our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
C) The Customer shall indemnify TheRealDeal.com.au and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
D) To the extent permitted by law, TheRealDeal.com.au and customer agree that TheRealDeal.com.au will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. TheRealDeal.com.au shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if TheRealDeal.com.au has been advised of their possibility.
E) To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by TheRealDeal.com.au shall be subject to correction without any liability on the part of TheRealDeal.com.au.
23) Your Personal Information
24) Credit Card Fraud and Verification Process
A) Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use the eWay secure payment gateway, we 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.
B) Due to the high rate of fraud using stolen Credit Cards or card details, we subject all credit card transactions to a verification process.
The verification process is designed to ensure the person using the credit card has legitimate access to the credit card account.
This is done by processing two additional small, random charges against the credit card account used to make the payment to www.TheRealDeal.com.au.
In order to verify that the payment transaction is legitimate, the purchaser will need to do the following:
1. Log into your credit card account online / view your card statement
2. Identify the two additional charge amounts from The Real Deal Group
3. Reply to the email sent by the Risk Management Team with the exact amount of each of the two additional charges.
As soon as the item ordered is ready for dispatch and we have received the correct confirmation from you, we will dispatch your order.
A) You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
B) Any unauthorised assignment shall be deemed null and void.
C) 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.
D) Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of TheRealDeal.com.au for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of TheRealDeal.com.au, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
E) No failure or delay on our part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
F) We reserve the right to change the Terms and Conditions at any time without notice.
G) No employee or agent of TheRealDeal.com.au has the authority to vary any of the Terms and Conditions governing any sale.
H) The contract cannot be changed unless agreed to in writing or by e-mail.
I) 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.
26) Force Majeure
A) We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of TheRealDeal.com.au, and TheRealDeal.com.au shall be entitled to a reasonable extension of time for the performance of such obligations.
27) Promotional/Discount/Coupon Codes
Promotional/Discount/Coupon Codes generate a discount from your cart value or add an incentive. To activate, simply enter a valid Code then click the 'Apply" button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at the discretion of TheRealDeal.com.au. Promotional Codes cannot be used in conjunction with any other offer, discount or Price Match Guarantee. If you are unable to use a Promotional Code, please contact our customer service team.
The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein. TheRealDeal.com.au makes every reasonable effort to present accurate information on this web site; however, due to unforseen circumstances, the information may contain errors and may not be complete or current.
We reserve the right to correct any errors, inaccuracies or omissions and to change information without prior notice (including after you have submitted your order).
You must indemnify and hold TheRealDeal.com.au and its employees, directors, managers harmless from any damage, loss, or expense including without limitation, attorneys' fees and costs
This entire website, copy, images, logos, indicia, text and content are copyrighted to TheRealDeal.com.au.