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Terms & Conditions
Terms & Conditions
Welcome to the Phonebot online store. If you continue to browse and use this store, you are agreeing to comply with and be bound by the following terms and conditions of use and the privacy policy found at the bottom of our home page under "Privacy Policy". The terms "Phonebot", "Phonebot.com.au", "us", "we" or "Website" refers to the online store - Phonebot.com.au. The term "Buyer" refers to the individual or organization that buys or agrees to buy products and/or services from us.
"Phonebot is an independent dealer in mobile and telecommunication products. In publishing the advertisement, Phonebot does not represent that it has any authorized dealership relationships with any company including Telstra"
Manufacturer's Warranty
Some devices are also covered by a manufacturer's warranty, which may differ from device to device even for the same model. Where a manufacturer's warranty applies, you may choose to claim directly with the manufacturer, which can significantly reduce wait times (claims lodged through us and sent to the manufacturer may take 3 to 4 weeks).
You are never required to deal with the manufacturer. You are always entitled to make your claim directly with Phonebot as the seller, and we will handle it in accordance with the Australian Consumer Law and our Warranty Policy.
Disclaimers
To the maximum extent permitted by law, Phonebot does not promise that the Site or any content, service, or feature of the Site will be error-free or uninterrupted, that defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are provided on an "as-is" and "as-available" basis, and all information on the Site is subject to change without notice. We recommend you use up-to-date security software when downloading any files.
Australian Consumer Law: Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, warranty, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified. This section relates to use of the website itself; your rights in relation to goods you purchase from us are set out in our Warranty Policy and the Australian Consumer Law.
Phonebot may, acting reasonably and where practicable with notice: (1) modify, suspend, or terminate operation of or access to the Site or any portion of it; (2) modify or change the Site or any applicable policies or terms (see clause 9); and (3) interrupt operation of the Site as necessary for maintenance or error correction.
Phonebot reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Copyright
The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under Australia and other copyright laws and is the property of Name: ACN159117745. The collective work includes works that are licensed to Name: ACN159117745 trading as “Phonebot”. Copyright 2021, Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Name: Phonebot products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or place an order with Name: Phonebot Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Name: Phonebot. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Third Party Link Content
Links to third-party content have been provided in good faith for the purpose of providing further and useful information to our site visitors and do not indicate, expressly or implied, any endorsement by us of the sites or the information, products, or services provided at those sites
Logos & Trademarks
Logos and Trademarks appearing on this website belong to their respective owners. Their display on this site is for information purposes only and does not indicate, explicitly or implied, any association between Phonebot and the logo and/or trademark owner.
AUSTRALIAN STOCK
Australian stock comes with its own manufacturer's warranty.
All mobile phones are purchased from Authorized Suppliers World Wide. A range of mobile phones for sale on our website may include network software, settings, or shortcuts that the service provider has preloaded on the mobile phone. This software will not affect the performance of the mobile phone with any other carrier and in most cases can be changed or switched off through the settings on your mobile phone. This software does not mean the Mobile Phone is Locked. If we are advertising the phone as outright unlocked it will accept any compatible sim card
1. Conditions
1.1. Pickup orders may take from 24 to 48 hours depending upon availability and payment method used. Please note a valid photo identification is required when picking up orders from the Phonebot store.
1.2. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
1.3. These Terms and Conditions shall apply to all contracts for the Provision of Products and Services by us to the Buyer and shall prevail over any other documentation or communication from the Buyer.
1.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
1.5. Any complaints should be addressed to our email: [email protected]
2. Australian Consumer Law — Consumer Guarantees
2.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2.2. These Terms and Conditions do not exclude, restrict, or modify those guarantees or any rights or remedies you have under the Australian Consumer Law.
3. Orders
3.1. All orders for Products or Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to our acceptance. We may choose not to accept an order for any reason.
3.2 Change of mind can only be redeemed once per order and does not apply to brand-new items.
3.3. Change of Mind Policy: A restocking fee of $49 will be charged for all in-store purchases under our 30 Days Change of Mind Policy. For online purchases, you may return the product without an additional restocking fee. These fees cover the costs associated with the return process.
The restocking fee applies to change-of-mind returns only. No fee applies where you return a product because it is faulty, not as described, or otherwise does not comply with a consumer guarantee under the Australian Consumer Law.
3.4. Returns & Refund Policy: By placing an order with Phonebot, you acknowledge and agree to our Returns & Refund Policy, which forms part of these Terms and Conditions. Our Returns & Refund Policy outlines important information regarding eligibility, timeframes, restocking fees, exclusions, and return procedures.
The full policy can be reviewed here: https://www.phonebot.com.au/returns
It is the Customer’s responsibility to review this policy prior to completing a purchase.
4. Price and Payment
4.1. The price of the Services shall be what is displayed on the Website.
4.2. Payments can be made via Bank Transfers, a Paypal account or a Credit/Debit Card.
4.3. Payment must be made without deduction.
4.4. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount pending will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant Product or Service until payment has been received.
5. Goods in Transit
5.1. We arrange delivery of your order and remain responsible under the Australian Consumer Law for ensuring the goods you purchased are delivered and arrive in acceptable quality. If your order is lost in transit or arrives damaged, contact us and we will resolve it with you — including by lodging a claim with the courier on your behalf where appropriate. Delivery timeframes are estimates only and we are not responsible for courier delays outside our reasonable control.
5.2 Phonebot will not provide a tracking number for items that have "FREE" delivery &/or are less than $100 in combined value of the order
5.3 Phonebot may choose to send the purchased product, at its own discretion, via a courier company other than Australia Post
5.4 All electronic products are delivered via email ONLY
5.5 Phonebot "Standard Postage" does not include any kind of insurance
5.6. Phonebot "Express Postage" includes courier cover of $100 for loss-in-transit claims. This cover is in addition to, and does not limit, your rights under the Australian Consumer Law: if goods you have paid for are lost in transit before delivery to you, you remain entitled to your remedies under the Australian Consumer Law, including a replacement or a refund.
6. Warranty on Repairs
6.1. We offer a 30-day voluntary warranty on all repairs, unless otherwise stated. This is in addition to your consumer guarantees under the Australian Consumer Law, which require services to be carried out with due care and skill and are not limited to 30 days.
6.2. Repair Notice: Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Repairs may result in the loss of user-generated data — please back up your device before presenting it for repair. A written copy of this notice is provided before any device is accepted for repair.
6.3. Accessories Warranty
Accessories (including protective cases) are covered for manufacturing defects only. Where a manufacturer advertises a “lifetime warranty,” claims may be made directly with the manufacturer or by contacting Phonebot via WhatsApp or our support channels. Refunds are not provided for used accessories unless required under Australian Consumer Law.
7. General
7.1. We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
7.2. We reserve the right to withdraw any Products or Services from the Website at any time.
7.3. We shall not be liable to anyone for withdrawing the Products or Services from the Website or for refusing to process an order.
7.4. We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the we shall be entitled to a reasonable extension of our obligations.
7.5. Our watches are pre-loved, and to maintain hygiene standards, we replace the original straps/bands. As a result, the straps may differ slightly from those shown in the product images. The pictures used in advertisements are for reference purposes only.
8. Limitation of Liability
8.1. Nothing in these Terms and Conditions excludes, restricts, or modifies the consumer guarantees under the Australian Consumer Law, or any other right or remedy you have under law that cannot lawfully be excluded, restricted, or modified. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.2. Where the goods or services you acquire from us are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51, 52, or 53 of the Australian Consumer Law) is limited, at our option, to: (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired, to the extent permitted by section 64A of the Australian Consumer Law.
8.3. Subject to clauses 8.1 and 8.2, and to the maximum extent permitted by law, we are not liable for indirect or consequential loss (including loss of profits or business opportunity) arising out of or in connection with use of the Site.
8.4. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury resulting from our negligence or that of our agents or employees, or for fraud.
8.5. We are not liable for any unlawful use by any person of products or services sold by us.
9. Severance
9.1. If any term or provision of these Terms and Conditions is held invalid, illegal or enforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions thereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
10. Changes to Terms and Conditions
10.1. We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11. Governing Law and Jurisdiction
11.1. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts competent to hear appeals from them.
11.2. Nothing in this clause limits your right to make a complaint to Consumer Affairs Victoria, the ACCC, or to bring a claim in the Victorian Civil and Administrative Tribunal (VCAT) or any other forum available to you as a consumer.
12. Disputes
We try our level best to resolve customer complaints and take feedback on board. In rare circumstances, if you feel an amicable solution wasn't offered. Please follow the ACCC link below to better understand your rights as a consumer.
If you disagree with any of the above Basic Terms and Conditions, please do not buy as a binding contract will come to effect after you purchase and complete payment.
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