Terms and Conditions

While we (EVATECH PTY LTD) strive to provide the very best in customer service and satisfaction, as a business we are required to maintain a set of terms and conditions of service and sale that customers and ourselves must adhere to. By doing so we protect the rights of our customers and our business through clearly defining the conditions in which we operate and that we require all customers to accept upon purchasing from us.

We ask you as a customer read and understand the following conditions prior to purchasing so you can decide whether or not our products and services are right for you. If you require clarification on any of the points below please do not hesitate to contact us.

  1. Warranty and Returns

    All goods sold in Australia come with guarantees that cannot be excluded under Australian Consumer Law. Purchases made from EVATECH Pty Ltd are no exception and customers are entitled to repair or replacements in the event of a major failure, if a suitable replacement is not available customers are entitled to a refund.

    Our policy on all warranty and returns comes in several forms as outlined below.

    • Components, Peripherals and Other Non Custom PC Warranty
      • Dead on Arrival (DOA)
      • The period in which a product may be considered as DOA is no more than 7 days from the date of invoice. DOA return handling affords the customer more immediate resolution options and does not require them to wait the full period of time that handling a regular non-DOA return may require.

        If a product presents a major fault it can be returned for a replacement. If a replacement is not readily available or cannot be dispatched within 2 business days of return, the customer will have their choice of a store credit to purchase an alternative model or a refund. If the item was marked as 'special-order' upon initial purchase, the replacement time allotted will be equal to that of the original advertised wait time.

        If a product is not as significantly advertised the customer is entitled to their choice of replacement, store credit or should neither be suitable, a refund of the purchase price of the item. Were differences between the advertised product and provided product are of a minor and / or a disclaimer on the product listing forewarned of the potential differences prior to purchase

        Where images, specifications and features advertised by 3rd parties differs to the advertisement provided on evatech.com.au - only the evatech.com.au listing will be considered in determining the eligibility of a return.

      • Standard Warranty Returns
      • Should a product fail within the manufacturer stated warranty period the fault is not the result of user error, physical damage, misappropriation, it is eligible for repair or replacement.

        Physical damage that voids warranty includes but is not limited to;
        - Bent CPU Socket Pins or CPU Pins.
        - Snapped, bent or cracked connectors.
        - Scratches or indentations that suggest drop or heavy impact.
        - Any damage caused from improper installation, improper handling or improper usage.
        - Damage resulting from environmental factors such as excessive heat, cold or humidity.

        We afford the highest priority to the timely handling of warranty returns but as all goods need to be passed on the distributor or vendor for final processing, the time it takes will vary based on several factors. This can take anywhere from 5 days to 4-6 weeks and factors beyond our control include shipping time, replacement stock availability, required product testing time to determine fault, distributor/vendor backlog etc.

        Proof of purchase is required and if cannot be provided a return may not be accepted. If no fault is found or the cause of the fault is not one covered by warranty (damage, misuse etc), a labour charge (no more than $50) and / or returning shipping fee (no more than the actual cost of shipping the item) may apply. The result of a valid warranty return (repair, replacement, credit, refund) is the decision of the product distributor or vendor, not that of the customer or EVATECH.

        If Australian consumer law conflict with a manufacturer’s warranty terms, the law will take precedence and the case will be handled in a manner in which abides by the law.

      • Non Brand New Items (Refurbs, Ex-Demo, Used, Open Box etc)
      • While it is rare, any product that is offered for sale in state other than brand new will be very clearly advertised as such and will be priced accordingly. Such items will have a warranty policy different to the brand new equivalent and this policy will be clearly advertised along with the product. These typically follow the same terms and conditions as a regular warranty however offer shorter warranty periods.

      • Change of Mind Returns
      • EVATECH is not required to provide a refund or replacement of any kind if the customer changes their mind after ordering. Items returned that do not meet requirements of the warranty conditions above will generally be rejected and all decisions are made at the EVATECH sales manager's discretion. A restocking fee may apply if the item is accepted for return to offset costs of processing and discounting the item for resale as it cannot be sold as new. This fee will be a percentage of the original purchase price and set on a case by case basis depending on the product. EVATECH does not guarantee delivery timelines and only provides estimates in good faith. Once a parcel has been dispatched, delivery delays or other transit issues are not grounds to request cancellation, reimbursement or compensation. Rejecting a parcel simply because it did not arrive within an expected timeframe will either result in the goods being returned to the point from which they were dispatched to the customer at which point it’s the customers responsibility to contact EVATECH to arrange collection or to re-delivery at the customers expense OR result in the goods being sent back to the local courier depot until such time as they collected or deemed abandoned and destroyed. Policies regarding the handling of lost or damaged parcels in transit are outlined below.

    • Custom PC Warranty
      • Premium Custom PC Warranty
      • 1 to 5 year premium warranty options are available at time of initial purchase with varying additional perks and levels of cover depending on selection and must be selected prior to purchase. The terms and conditions of these warranties are available on the relevant product listing page and it is a condition of sale that, if selected, the customer will accept and adhere to the terms and conditions as it pertains to the warranty offered by Evatech on the product in question.

        Evatech's premium warranty services afford the policy holder the following guarantees;

        - All claims are to be handled directly by Evatech support staff and not contracted third parties.
        - All claims will be treated with the highest priority internally and attended to on a first in first served basis within 1 business day of being lodged.
        - All replacement components if required will be of the same or higher model / specification.
        - All claims will receive troubleshooting assistance by our staff prior to arranging return shipping to avoid any unnecessary delay or additional costs in case the issue experienced is non-hardware related and as a result not covered by the warranty terms & conditions.

        The warranty policy holder's responsibility includes but is not limited to;

        -To keep all provided protective packaging in case the product in question is required to be returned to our service center via courier.
        -To accept that failure to adequately package the item that results in physical damage to the product will void the warranty of the any components effected.
        -To accept that refusal or inability to cooperate with any reasonable requests to attempt troubleshooting the issue via email or phone call with Evatech support staff may result in termination of the warranty and a refund of the amount paid for the service in accordance with the full terms and conditions of the warranty policy.

      • Standard Return To Base (RTB) Custom PC Warranty
      • Where no premium, priority or other warranty service was selected at time of purchase, all warranty claims pertaining to Evatech custom computers will be handled on a per component, return to base basis. Evatech staff members will provide troubleshooting assistance in an effort to resolve the issue regardless of the nature of the fault where possible and within reason however if the fault requires the item to be replaced or repaired the customer is required to return it to the point of purchase (or place of origin if item was originally shipped via courier on initial order).

        All valid warranty claims will receive free return shipping to the customer anywhere in Australia upon repair or replacement of the item in question by the distributor or manufacturer processing the claim.

        Evatech does not repair or issue replacements internally for all non-DOA, standard RTB warranty claims and only forward them to the authorized product distributor or manufacturer for processing. Evatech guarantee that every effort will be made to deliver returned items to the distributor for processing within 1-2 business days. Unfortunately, the time it takes the distributor or manufacturer to process and return the item to Evatech is beyond Evatech's control. The average turnaround time is 5-10 business days however most distributors state up to 20-25 business days is considered reasonable depending on the nature of the fault and availability of a replacement or means of repair.

        The cost of returning the faulty component to Evatech may or may not be reimbursable at the discretion of the manager handling the claim and the conditions of sale outlined by the ACCC. While we take all reasonable steps to provide the best customer service possible, returning a non-faulty component or product will incur a return shipping fee and at the discretion of the management, may incur a futile processing and testing fee to recover labor costs involved with the illegitimate claim.

      • Change of Mind Custom PC Returns
      • Due to the custom nature of the product, custom PCs cannot be canceled or returned for reimbursement once the order is confirmed and paid unless conditions warranting a return / cancellation / refund under ACCC regulation at met. eg. not as advertised or major fault that cannot be remedied within a reasonable time frame as determined by the Victorian Civil and Administrative Tribunal (VCAT).

    • Cost of Returns (Shipping)
    • Delivery is a service provided by a 3rd party courier company that constitutes moving goods from one point to another in a safe and timely manner. Evatech offer these delivery services in addition to their products for customers who either cannot, or prefer not to, collect their goods from our physical store locations. Unless there is a fault with this particular service (lost or damaged parcel etc), it is considered completely separate to the goods purchased.

      Depending on the particular case, Evatech may its own discretion offer to reimburse the costs of a return if it is reasonable to do so. In these cases, the request must be made prior to returning the product. In general return shipping costs are covered or reimbursed in cases in which the product fault falls within the DOA period defined above, however further exceptions are considered depending on the nature of the product and fault on a case by case basis.

      The cost, inconvenience or time required to return a product due to a customer’s distance from EVATECH's physical location is a risk assumed by the customer upon purchase and all customers should consider this risk prior to purchase. Evatech is in no way liable for said costs unless specific written guarantees were made prior to sale.

  2. Order Cancellation.
  3. If the customer wishes to cancel their order they may do so under the following conditions. - The items were general stock, not special order items obtained by EVATECH specifically for the order^
    - The items have not been shipped out to the customer.
    - A 5% restocking fee is applied on items over $100 in value and a $10 fee is applied to items below $100

    ^If the item was specifically obtained for the order, the customer can contact EVATECH with their cancellation request and an EVATECH manager will assess the cost of restocking or returning the item to the distributor if possible. If this is possible, a reimbursement minus the cost of restocking or returning the item to the distributor will be offered to the customer.

    If the item has been shipped prior to the request for cancellation being received then the customer must return the items unopened and undamaged to the store or shipping location. If the item is not faulty and not shipped by error on the part of EVATECH the costs of shipping the item to the customer and returning the item to the store cannot be reimbursed.

    In the event an item was made available for purchase on our website or through our store in error or is unavailable EVATECH reserves the right to cancel this order and will fully reimburse the customer.

    Due to their custom nature, orders for our EVATECH PCs are final and cannot be canceled once payment clears.

    In all events where customers request the cancellation of an order, the amount refunded will be the amount EVATECH received after any payment gateway processing fees. Where EVATECH cancels and refunds a customer order without being originally requested to do so by the customer, the amount refunded will be the full amount originally paid. Payment gateway processing fees are not always the same as the surcharge amounts levied at checkout upon placing the original order as these are subsidised by EVATECH. Final fees will vary between 0.6% and 2.6% +30c depending on the payment option and funding source selected.

  4. Custom PC Inclusions / Exclusions & Component Selection.
  5. Components used in assembling EVATECH Custom PCs are 100% brand new and covered by full Australian warranty from date of purchase. However these components may not sourced from retail packaged goods and may have been acquired on OEM packages designed specifically for system re-sellers like EVATECH. Drivers discs or instructions on how to download drivers will be provided for every component necessary used in an EVATECH Custom PC however accessories that might be in the retail version of the product, may not be included in the OEM package used to assemble your system. If you would like clarification on whether or not a certain accessory is included, please email sales@evatech.com.au before purchase.

    Where exact model numbers are not advertised, components are subject to Evatech selection under the condition that all components meet or exceed the minimum advertised specifications. The selection process is done by the assembling technician under their best judgment on a case by case basis. If a customer wishes to select the exact model to be used in a custom PC ordered online, they must get email confirmation from an Evatech staff member prior to purchase. We will do our best to accommodate customers where possible but make no guarantees beyond that which is advertised unless contacted prior to purchase, not after.

  6. Suggestions and Recommendations by EVATECH.
  7. Are provided in good faith based on the information provided by the customer. Our staff are trained to be conservative in their estimations of performance and to never make guarantees regarding a product that the manufacturer or vendor does not explicitly advertise. As our staff are unable to predict factors they are not explicitly informed of, and as in store or phone interactions are not recorded, these recommendations or suggestions not constitute a blanket guarantee that the item is suitable or compatible for the customers intended purpose. Returning a product on the basis that it was incorrectly recommended by an EVATECH staff member is only acceptable if that recommendation was issued in writing and only if sufficient information to be able to reasonably determine the unsuitable nature of the product was provided by the customer prior to said recommendation being issued.

    If a guarantee of compatibility, specification, feature or function is required pre-purchase the customer should request it in writing before ordering with all the relevant information clearly detailed in a manner that cannot be reasonably mistaken or misinterpreted.

  8. Shipping / Delivery
  9. TNT / Fedex Delivery Options

    Where customers select to have their orders delivered it is their sole responsibility to ensure the address provided is correct, accessible by a delivery agent and will have someone available to accept the parcel during business hours to provide a signature and provide proof of identification if requested in accordance with the delivery agents terms of service. Parcels will not be left unattended without signatures or redirected. PO boxes, parcel lockers or post offices will not be accepted.

    If the first delivery attempt fails, a second delivery attempt will automatically be made on the next available run and incur a $30 fee without exception. If the second attempt fails the goods will be returned to EVATECH and incur a second $30 fee without exception. Fees will be billed to the original account and invoices sent to the email account registered on the account. Unpaid fees will be referred to a debt collection agency after 90 days.

    Failure to sign in receipt of the parcel AND/OR incursion of any fees stated above AND/OR the parcel being returned to sender (EVATECH) will not under any circumstances constitute grounds for any compensation, cancellation or refund of the order and it's the customers sole responsibility to arrange collection of the goods or pay for the cost of re-delivery.

    If no one is available at the address to accept the delivery when it arrives OR no one is able to answer the door in a reasonable time frame OR a dog or other dangerous animal is present and impeding access to the door OR the address provided is not clearly indefinable from the street OR the access to the premises is impeded, unreasonable or dangerous decided at the drivers discretion, the delivery attempt will be abandoned.

    If the courier returns the parcel to EVATECH due to an incorrect address, multiple failed attempts to deliver (no one at the address to sign for the parcel or address not reasonably accessible by agent) or if the person at the address refuses delivery the parcel will be returned to EVATECH at which point the customer must either arrange collection from our store or contact our sales team to arrange re-delivery at an additional cost.

    Shipping prices are calculated at checkout based on destination address plus size and weight of the goods to be delivered. These prices may be discounted or subsidized when placing the original order and not reflect the full cost of delivering the parcel the parcel is returned to EVATECH for any of the reasons stated above.

    Where promotional offers advertised on our website offer free delivery, they are valid for areas covered by our standard metro area agents and may exclude at EVATECHs discretion, regional areas to which the cost of delivery is significantly higher than metro equivalents. EVATECH reserves the right to cancel and refund any orders placed with a delivery address it deems unverifiable OR an address that does not fall within the serviced areas of its courier partners OR to which the actual delivery cost far exceeds the cost calculated at checkout due a system error and the customer does not wish to pay the balance before proceeding OR it deems for any reason would incur a higher than acceptable level of risk for damage or loss in transit.

    Other Delivery Options

    Where customers select to have their orders delivered it is their sole responsibility to ensure the address provided is correct, accessible by a delivery agent and will have someone available to accept the parcel during business hours to provide a signature and provide proof of identification if requested in accordance with the delivery agents terms of service. Parcels will not be left unattended without signatures or redirected. PO boxes, parcel lockers or post offices will not be accepted.

    If no one is available at the address to accept the delivery when it arrives, at the couriers discretion and depending on your location, a card will be left with either instructions on how to arrange re-delivery OR the courier will attempt delivery on their next available run OR a card will be left requesting that you collect the parcel from the nearest depot within a reasonable timeframe. If a second delivery attempt is made and again no is able to accept the parcel, a redelivery charge for subsequent attempts may apply.

    If the courier returns the parcel to EVATECH due to an incorrect address, multiple failed attempts to deliver (no one at the address to sign for the parcel or address not reasonably accessible by agent) or if the person at the address refuses delivery the parcel will be returned to EVATECH at which point the customer must either arrange collection from our store or contact our sales team to arrange re-delivery at an additional cost.

    Shipping prices are calculated at checkout based on destination address plus size and weight of the goods to be delivered. These prices may be discounted or subsidized when placing the original order and not reflect the full cost of delivering the parcel the parcel is returned to EVATECH for any of the reasons stated above.

    Where promotional offers advertised on our website offer free delivery, they are valid for areas covered by our standard metro area agents and may exclude at EVATECHs discretion, regional areas to which the cost of delivery is significantly higher than metro equivalents. EVATECH reserves the right to cancel and refund any orders placed with a delivery address it deems unverifiable OR an address that does not fall within the serviced areas of its courier partners OR to which the actual delivery cost far exceeds the cost calculated at checkout due a system error and the customer does not wish to pay the balance before proceeding OR it deems for any reason would incur a higher than acceptable level of risk for damage or loss in transit.

    • Delays, Loss or Damage in Transit.
    • In rare circumstances parcels may be damaged or lost in transit. In these circumstances the issue must be reported to EVATECH and the courier company in question and time is required to investigate and administrate the insurance process before a remedy can be provided (replacement or refund). The customer accepts that in these circumstances they will afford EVATECH and the courier company in question reasonable time (as outlined below) to conduct these activities understanding and accepting that it may take longer if there are additional extenuating circumstances, that their participation may be required in providing evidence and answers where need, and to do so without verbal abuse, threats or disparegement (public or otherwise) to EVATECH staff members, courier partners or EVATECH as an entity.

      In the event that any parcel should arrive with signs of damage, it’s customers responsibility to inspect the goods and reject the parcel if the goods appear to have sustained any physical damage without signing in reciept. In situations in which the outer packaging does not show any obvious signs of damage, but the goods within have sustained damage, this must be reported to EVATECH by email or phone call to within 3 business days of delivery accompanied with photos of the damage. EVATECH will then work with the courier to lodge an investigation and insurance claim. The damaged item must not be deposed of and may be required to be returned upon request to EVATECH or the courier company for inspection before replacement or reimbursement can be issued. Should this be the case, the company requesting the item will arrange at their cost or offer reimbursement of the cost of returning the damaged item.

      In the event a parcel is lost in transit by the courier, the customer must inform EVATECH within 30 days of the original parcels dispatch. If a customer suspects a parcel may be lost, they should contact the courier company and quote the tracking number provided for clarification. Please note that it’s not uncommon for parcels to slip their original ETA by 1-2 business days. Once the courier is notified it may take several business days for them to conduct an investigation in to the whereabouts of the parcel and conclude whether or not the parcel is indeed missing or not.

      Upon the courier concluding their investigation they will either find and deliver the parcel, or confirm that it is missing. At this stage the customer must inform EVATECH to allow it to lodge an insurance claim and receive a lodgement receipt from the courier. EVATECH staff will always treat such claims with the highest priority and take all reasonable steps to minimize further however it can take up to 5-7 business days from lodgement of the claim from EVATECH to the courier company in question before receipt of the claim is confirmed. EVATECH accepts no liability for damages or losses beyond replacement or reimbursement up to the original amount paid by the customer upon the completion of the required investigations and insurance lodgements stated above. Unless explicitly stated in writing otherwise, EVATECH does not accept any additional damages or losses incurred as a result of the delayed receipt of goods.

  10. Price Policy & Invoicing.
  11. All prices advertised on our website and Australian based media outlets are in Australian Dollars and are inclusive of GST unless clearly stated otherwise. Prices are subject to change without notice and are updated on a regular basis. Quotations given customers or clients are valid for 24 hours unless stated otherwise. Prices displayed online are done so in good faith, should they contain errors Evatech reserves the right to cancel and refund orders. Evatech will not provide GST refunds on orders invoiced to GST exempt territories. All products, services and invoices will include GST without exception.

    Tax Invoices, All goods purchased through our store or website will receive a physical or digital tax invoice along with the goods. This legal tax invoice complete with ABN and itemised products, quantity and pricing. This is intended to be kept as proof of purchase should one be necessary.

  12. Privacy and Security Policy.
  13. EVATECH is dedicated to keeping all customer information secure and private. We do not sell, pass on make customer information available to any 3rd parties unless ordered to do so by a court of law. The information collected is done so solely for the purpose of tracking orders, providing customer service and delivering items to customers. When making purchases from our website all your financially sensitive or personal data is secured with industry standard SSL encryption to ensure its privacy and security.

    Evatech does not store or process any credit card information entered during checkout. Credit card information is processed securely by Commonwealth Bank (Commweb) and not by EVATECH. Online credit card payments are limited to Australian issued debit or credit cards in an effort to reduce fraud. Billing addresses are matched with the card holder and high value transactions may be followed up with with phone calls to the card holder or card issuer for verification.

  14. Hyper-links.
  15. Hyper-links provided on the EVATECH website are done so as a convenience to the customer only and EVATECH holds no responsibility for the content of the pages in which they link to. All links are provided in good faith to the customer in order to provide as much information as possible however if the pages linked to provide misleading or false information, EVATECH does not endorse, support, sponsor or imply recommendation in anyway and therefore is not liable for the information, products or services they provide.

  16. Images and Product Descriptions.
  17. While we carefully selected our images and descriptions to best reflect each product, it should be used as a guide only. Actual products may vary in colour, features and size as manufacturers alter their production.

  18. Sale of Restricted Goods.
  19. Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an order for any restricted goods you warrant to EVATECH Pty Ltd that you are:

    A: 18 years of age or older, where you order products that are classified R18+;
    B: 15 years of age or older, where you order products that are classified R15+.
    C: When placing an order for restricted goods you warrant that you are not obtaining the restricted goods on behalf of a person that is not eligible to purchase the restricted goods themselves.

  20. zipMoney.
  21. 'zip Interest Free Purchases', is a loan provided by zipMoney Payments Pty Ltd (ABN 58 164 440 993 Australian Credit License 441878) and is subject to approval with terms and conditions. Evatech Pty Ltd do not control the approval process nor does it take it any responsibility for liabilities resulting from a customer’s choice to apply for and accept credit from zipMoney or any other provider to pay for an order. Change of mind order cancellations or returns STRICTLY PROHIBITED do to the custom nature of the product provided. Items returned for warranty purposes or any other return conditions outlined by the ACCC as a customer’s right, will be handled in accordance with aforementioned ACCC regulation with warranty replacement or repair unless the product provided was A) not as advertised - or B) dangerous to use as advertised. Evatech Pty Ltd has no control over the terms and conditions of accepting such a loan, no control over repayment terms, fees, credit rating penalties or interest rates. By accepting a zipMoney loan the customer is bound by the loan contract presented by zipMoney and any disputes arising from this loan / credit facility are strictly between the customer and zipMoney Payments Pty Ltd. Evatech Pty Ltd does not have any control over the time it takes zipMoney Payments Pty Ltd to settle payments on a customer’s behalf and will only process orders once payments are received. Evatech Pty Ltd reserves the right to cancel and refund any order. Before applying, carefully read all terms and conditions including the schedule of fees and consider if this loan is appropriate for you.

  22. Lay-by.
  23. This service is offered on orders containing custom PCs only with a minimum of $500.00. A 5% deposit is required within the first 72 hours to secure a lay-by order and termination fees will be charged at 5% of the order total should the customer cancel the order after the first deposit is made. Installment minimums are $100.00 and the maximum re-payment term is no more than 120 days from first deposit. Evatech reserves the right to cancel and refund any order for cases in which the customer breaches the lay-by agreement terms or the product is for any reason no longer available, lost, or damaged. Where cancellation occurs as the result of the customer breaching the terms of lay-by the amount refunded will be the amount paid, minus the 5% termination fee. Where cancellation is not due to breach of the terms of lay-by and is not at the customer’s request, no termination fee will be charged. Full terms of lay-by will be presented upon checkout before order confirmation and an electronic copy of the terms will be emailed to all customers who place a lay-by order.

  24. Jurisdiction and law.
  25. These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

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