About These Terms And Conditions
In these Terms and Conditions “we” and “us” mean Newstreet Management ABN 85 106 588 916 (trading as inDemand) of 2/592-596 Glen Huntly Road Elsternwick, VIC 3185 Australia, and “you” refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
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.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with inDemand.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should inDemand suffer any damage or other losses as a result of a transaction entered into by a minor, inDemand 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 inDemand.
Placing Your Order
You may place an Order by filling in the Order Form on the inDemand Web Site and clicking the “Submit My 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 inDemand 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 inDemand 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. inDemand 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.
Payment Methods And Processing
inDemand currently accepts payment via PayPal and direct deposit.
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 Victorian Public holidays.
We process PayPal payments after you click the “Submit My Order” button.
Where you pay by direct deposit you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
If a direct deposit payment is not received within 7 days from the date that you receive your Order Confirmation, inDemand reserves the right to cancel the transaction.
A tax invoice will supplied with the goods when delivered. Your tax invoice is your proof of purchase.
You may be required to provide further identification for additional security reference checks.
inDemand purchases include GST.
inDemand always seeks to list Products with the most competitive prices.
inDemand reserves the right to change prices for Products displayed at inDemand at any time.
The price of products shown excludes shipping costs.
Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
Delivery Of Your Products
Delivery time takes an average of 5 working days from receipt of payment. Please note that different delivery locations may mean that up delivery can take to 10 working days. Please note that direct deposit payments take 1-2 business days to process.
inDemand makes every effort to deliver your Product according to the estimated delivery times provided. 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 10 days, please contact us.
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 carrier will leave a card so you can arrange another time for delivery. 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.
inDemand 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. inDemand will determine the content of Terms and Conditions governing Coupons in its absolute discretion.
Where a Coupon is used towards the payment or discount of a Product (or Products) there may be an outstanding balance due on the Product.
Returning a Product
inDemand is dedicated to providing our customers a superior shopping experience and is committed to your satisfaction. We offer a 100% refund on unused, never installed merchandise, excluding any shipping and handling costs; however, we are unable to accept returns on custom modifications. Any discounts or free shipping applied to your original order may be deducted from your return credit. For example, if we provided free shipping on your order and you returned some items, we would issue a credit to you for the price you paid for the returned merchandise, but we would deduct the initial delivery fee of $15.00. The customer is responsible for packaging the product and the shipping costs when returning to inDemand. Items must be returned within 15 calendar days of delivery and received by inDemand in new condition and in the original packaging, including outer boxes when applicable. If returned products arrived damaged or used we will not be able to provide a refund. For this reason, we strongly advise you to use an insured, trackable shipping method to return items. We do not accept returns on light bulbs.
Returns require prior authorization in the form of a Return Merchandise Number (RMN) which can be requested by e-mailing [email protected] and items must be received by us within 10 calendar days from when we issue the RMN or you will not receive any credit for your return. Be sure to include a description of the items you would like to return, the original order number and the reason for return in your message. We cannot accept returns without an RMN, so be sure to contact us before sending anything back.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Dead On Arrival Products – “DOA”
An inDemand 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.
An inDemand 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 inDemand has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of inDemand.
If the Product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, inDemand 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 inDemand and your claim will be treated in the same way as a DOA product (see “Dead On Arrival Products”).
inDemand offers a standard 1 year warranty on all products unless noted in the product listing. inDemand realises that there may be exceptions and understands that a product must be of reasonable quality and fit for purpose.
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 or DSAA Product.
-The delivery time for the replacement Product will be the same as stated for the original DOA or DSAA Product.
-Replacement Products are provided with the same warranty as the DOA or DSAA Product from the date the Replacement Product is dispatched.
Some Products – Manufacturer Warranty
Products sold through inDemand are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. inDemand 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, inDemand will replace the item, issue a refund or otherwise provide a remedy.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
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 use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements
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 inDemand products that may be of interest to you. 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 inDemand employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, inDemand 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.
Product Prices, Product Descriptions and Product Photos
All prices and specifications are subject to change without notice.
inDemand is not responsible for typographical errors. All specials are while stock lasts. All typographical errors are subject to correction. All product images may vary from the actual product. Images are only to be used as a point of reference.
All trademarks reproduced in this website, which are not the property of, or licensed to indemand, are acknowledged on the website.
From time to time this website may include links to other websites. These links are provided for your convenience to provide further information. Links to any other websites do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
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 inDemand. 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.
inDemand reserves the right to change the Terms and Conditions of sale at any time.
No inDemand employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
inDemand 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 inDemand, and inDemand 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 Victoria and Australia.