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eStore.com.au Terms & Conditions

Customer Acknowledgement

The Customer acknowledges agreement with these Terms and Conditions of Sale by the placement of an order to purchase products from City Software Pty Ltd trading as ( City Software , CSW, eStore.com.au, International Software Warehouse and ISWH).

International Software Warehouse is a trading name of City Software Pty Ltd This contract of sale is between the entity named on the invoice (the "Customer") and City Software Pty Ltd ("eStore.com.au" "We" or "Us").

All goods are supplied on these terms and conditions only and no person in the employment or otherwise as agent for eStore.com.au has any authority to supply goods on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

Return or Exchange of Goods

The Customer has specific legal rights under the Australian Consumer Law in respect of goods and services purchased from eStore.com.au ("Consumer Guarantees"). More information in relation to the Consumer Guarantees may be found at http://www.accc.gov.au.

In the event that any products or services purchased from Us do not meet the Consumer Guarantees, eStore.com.au will gladly meet its obligations to provide a refund, repair or replacement at its own expense as required by the Australian Consumer Law.

eStore.com.au may in its absolute discretion choose to refund, credit, replace or repair goods returned within a reasonable time (generally 14 days) for any reason other than breach of the Consumer Guarantees, provided the goods are in original condition, current version and not a special order, hardware, peripheral or clearance item. In these circumstances, we may make our best effort to arrange exchange with the manufacturer or accept the goods back for resale. In this case, if the return is authorised by eStore.com.au, a restocking fee of up to 25% may apply.

Please note that except in the case where a Consumer Guarantee is breached, where the plastic seal or shrink wrap of a software package is broken, the return or exchange cannot be accepted due to copyright and licensing restrictions. In this case we will help the Customer obtain a working copy.  Also "special order" goods are goods that are not in stock at the time of an order and therefore especially ordered to meet a client order.

Exchange of computer hardware and peripherals is sometimes not possible due to third party constraints on eStore.com.au. In the event of a breach of the Consumer Guarantees, eStore.com.au will however gladly provide a refund.

Warranty Information

In addition to the Consumer Guarantees, all products sold by eStore.com.au are covered by the manufacturers' warranty that accompanies the product. eStore.com.au makes no additional or independent warranty in addition to the Consumer Guarantees or those offered by the manufacturer of a product.

Delivery of Goods

We place great importance on the fast and reliable delivery of Customers orders, however please note that delivery times are estimates only and eStore.com.au shall not be liable for delays.

If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of eStore.com.au, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by eStore.com.au as a result thereof and eStore.com.au, at its discretion may charge a restocking fee of up to 25% of the purchase price.

• Authority to Leave
  If selected, you must specify where you would like the goods left (at the front door, next to the garage, etc). eStore.com.au and our couriers cannot be held responsible for goods being left unattended that go missing if an order has been authorised to leave.
  *Australian Air Express (AAE) will not leave goods at the door, and will leave a card instead so that you can pick up your order at the nearest post office/depot if selected.

The goods shall be at the Customers risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to eStore.com.au of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.

Title of Goods

The goods shall remain the sole and absolute property of eStore.com.au as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to eStore.com.au in respect of any loss or damage to the goods during such bailment

Payment

The price shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of eStore.com.au in delivering any part of the goods) on or before the payment date.
In addition to any other rights or remedies of eStore.com.au in the event of the Customer's default hereunder, eStore.com.au shall be entitled:

• To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonour fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;

• To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licences eStore.com.au, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by eStore.com.au as a result of the Customer's default;

• At the sole discretion of eStore.com.au charge a restocking fee of up to 25% of the purchase price.

Errors and Omissions

At eStore.com.au, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. Please be assured of our every effort to ensure the accuracy of information; however the documents and graphics published may contain technical inaccuracies or typographical errors. eStore.com.au makes no representations about the suitability of this information; it is provided "as is" without warranty of any kind. If an error is made or a product is listed at an incorrect price, eStore.com.au shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your credit card, eStore.com.au shall immediately issue a refund.

Limitation of Liability

eStore.com.au shall under no circumstances, except where the consumer guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

All Sales Made in Victoria

All sales shall be deemed made in the state of Victoria, Australia, regardless of the location of the Customer. The Customer agrees that any dispute with eStore.com.au shall begoverned by the Victorian law and the Customer irrevocably submits to the exclusive jurisdiction of Victorian courts and courts hearing appeals from those courts.

Backorder Cancellation Policy

Please send all backorder cancellation requests to sales@citysoftware.com.au or phone 1300 658 600. Except for "special orders", an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.

General

To the extent any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall as far as practicable be read down or stricken from the Terms and Conditions of Sale, so that the remaining terms can continue in full force and effect

Changes to Terms and Conditions

eStore.com.au may add to, delete or otherwise change these terms and conditions without notice. It is the responsibility of the customer to read and understand these terms and conditions each time an order is placed.