Where Authority To Leave, no form of tracking, registration or insurance was requested by the Customer on submitting the Order, the Customer acknowledges that whilst NEHOCdirect will assist where possible, it is the Customers responsibility to prove to NEHOCdirect in writing a missing or delayed delivery.
Where section 5.10 applies to an Order, the Customer shall be notified by means of written notice or sticker attached to the NEHOCdirect documentation (Invoice or Packing Slip).
The Customer agrees any attempt to remove such notice from the documentation will void all claims and warranties against NEHOCdirect for all Goods/Services in the Order.
6.1 All requests for return must be made within 30 days from date of Order.
6.2 A Return Authorisation Number (RAN) must be obtained from NEHOCdirect before the return of any goods.
NEHOCdirect reserve the right to refuse any return without a RAN.
Requests for a RAN can be made by phone or through the Site (recommended)
NEHOCdirect will issue a RAN number and e-mail detailing the return process.
6.3 All returns are to be shipped to NEHOCdirect ‘Freight Prepaid’.
Where a return is the result of a NEHOCdirect error, the Customers freight costs may be reimbursed by means of credit, free delivery offer or Goods to equal value.
6.4 A 15% re-stocking and administration fee applies to all goods accepted for return, unless the Goods/Services were supplied in error, of unacceptable quality or faulty.
6.5 All goods returned for credit, unless damaged or faulty, must be in original packaging, not used and in a re-saleable condition.
6.6 We do not exchange items unless they are defective or damaged.
6.7 We do not exchange or credit for change of mind purchases.
6.8 We cannot accept items returned after 60 days.
6.9 An official Credit Note will be issued for all returns, unless the return is a an exchange or an amended invoice is issued.
- Where a Credit Card was used for payment of the original invoice, a Credit will be issued against the same card if unless other arrangements have been made prior to the credit.
- Where a NEHOCdirect credit account exists a credit will be issued to your account against the original invoice unless other arrangements have been made prior to the credit.
- NEHOCdirect reserve the right to credit amounts by direct deposit to the Customer bank account where credit card and account credits are not possible.
- Failure of the Customer to provide required bank details will result in the credit held until such time as the required bank details are provided.
7.1 NEHOCdirect collects information in accordance with the principles of the Privacy Act 1988.
7.2 The Customer authorises NEHOCdirect to the extent permitted by law to collect, retain and use any information about the Customer for the purpose of, but not limited to, assessing the Customers credit worthiness by conducting appropriate checks for credit worthiness and for fraud, to notify other credit providers of a default by the Customer, marketing Goods and Services provided by NEHOCdirect to any other party, verify Customer identity, assist Customers to subscribe to NEHOCdirect services or newsletters, provide Goods/ Services the Customer requires, administer and manage those Goods and Services, including charging, billing and collecting debts, inform the Customer of ways the Goods/Services could be improved, research and develop NEHOCdirect services, gain an understanding of the Customers information and needs in order for NEHOCdirect to provide the Customer with a better service and maintain and develop NEHOCdirect business systems and infrastructure, including testing and upgrading of these systems, NEHOCdirect professional advisers (including accountants, auditors and lawyers), government and regulatory authorities and other organisations, as required or authorised by law.
7.3 The Customer authorises NEHOCdirect to disclose any information obtained to any person for the purpose set our in clause 7.2.
7.4 Information collected by NEHOCdirect is for the purpose of starting, maintaining, improving or terminating a relationship with the Customer.
7.5 Information held by NEHOCdirect may include the Customers name, date of birth, billing and delivery addresses, telephone or mobile phone number, e-mail address, credit card details, occupation, username and password. NEHOCdirect may also hold details of past Orders and Goods purchased, machines (including serial numbers), as well as certain details about your personal interests. If you choose not to provide certain personal information (e.g. your date of birth), we may not be able to provide you with the services you require.
7.6 Contact, Billing, Delivery and Payment details provided by the Customer will be used and stored by NEHOCdirect for the purpose of establishing a Trading Account, processing of the Order and facilitating the faster processing of future Orders.
The Customer may review, update or change information in the ‘My Account’ section of the Site, or contacting NEHOCdirect by phone or e-mail.
Customer information provided with order may only be used for the fulfilment
7.7 On occasion, the Customer may need to provide personal information about other individuals to us (e.g. about your authorised representatives). If so, NEHOCdirect rely on the Customer to inform those individuals that the Customer is providing their personal information to us and to advise them that we can be contacted for further information (see ‘How to contact us’ at the end of this brochure).
8 Notices Specific to the Site
8.1 The Customer understands the Site may collect information by means of forms, e-mail, newsletters, cookies and IP address for the purpose of improving the Site.
8.2 When a Customer visits the Site, its web servers generally record anonymous information such as the time, date and URL of the request. This information assists NEHOCdirect to improve the structure of its Site and monitor performance. From time to time NEHOCdirect may also use third parties to analyse this anonymous information.
8.3 The Site may use ‘cookies’. A cookie is a small text file that our Site may place on a computer. Usually, cookies are used as a means for the Site to remember Customer preferences. Any cookie is designed to improve the Customers experience of the Site.
In some cases, cookies may collect and store personal information about the Customer. NEHOCdirect extends the same privacy protection to personal information, whether gathered via cookies or from other sources.
Customers can adjust the Internet browser to disable cookies or to warn when cookies are being used.
Where the Customer disables cookies, the Customer may not be able to access certain areas of our Site or take advantage of the improved Site experience that cookies offer.
Where a cookie is deleted from the computer’s web browser, Site features may be blocked or removed such as auto Sign in, form prefill preferences and any opt-out preference that have been set for newsletters.
8.4 The Site may collect Internet Protocol (IP) addresses for fraud prevention when an Order is placed. IP addresses are assigned to computers on the internet to uniquely identify them within the global network.
8.5 Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any NEHOCdirect Site may be copied or retransmitted unless expressly permitted in writing by NEHOCdirect.
8.6 NEHOCdirect AND/OR ITS RESPECTIVE SUPPLIERS AND RESELLERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE PAGES/ DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SITE. NEHOCdirect AND/OR ITS RESPECTIVE SUPPLIERS AND RESELLERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GOOD(S) AND/OR THE DOCUMENT(S) DESCRIBED ON THE SITE AT ANY TIME.
8.7 Where a Customer places an Order by e-mail or the Site, under no circumstances shall NEHOCdirect be held liable for a delay, failure or disruption of the Order, information, content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
8.9 Clothing, Special Item, Drop Ship or similarly marked items requiring special order and delivery may have additional Sale Terms applied to the sale, including but not limited to return/exchange costs, cancellation of order, return by incorrect order. Any additional sale terms will be listed on the individual page on the Site. By ordering the Goods/Service, the Customer is deemed to have accepted the additional Sale Terms by requesting NEHOCdirect to supply the Goods/ Service by means of an order.
9.1 Any intellectual property rights contained in the design or manufacture of any Goods or Services remain with NEHOCdirect.
9.2 The Customer warrants that they hold all necessary intellectual property rights in any document or material, (including, but not limited to, terms and conditions of trade), that are supplied to NEHOCdirect for its provision of Goods and Services and that there is or will be no infringement of any rights or entitlements held by any third party.
9.3 The Customer indemnifies and holds harmless NEHOCdirect for any claims made against it arising from NEHOCdirect’s use of any document, material or information supplied by the Customer.
9.4 Information sheets, product sheets, leaflets, logos, graphics, sound or image supplied by NEHOCdirect may not be copied or retransmitted unless expressly permitted in writing by NEHOCdirect.
10.1 All Goods and Services are warranted against faulty manufacture and supplied fit for purpose as per the Australain Consumer Law.
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 for compensation for any other reasonable 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.
10.2 NEHOCdirect supply Goods (including machines, kits and packages) listed on the Site with item specific warranty conditions. Specific conditions may require the custoemr to comply with usage, best before date, cleaning or other schedule to maintain the product performance and warranty condition. Where a Customer does not apply warranty conditions, suitability of usage may be deemed to have occurred.
View Warranty Support on the Site. Refer to the Product you intend to purchase for the relevant terms and conditions of warranty (‘Warranty Terms’).
10.3 The original warranty form is not required to register a product warranty with NEHOCdirect.
10.4 NEHOCdirect reserve the right to request a warranty registration/ validation, including proof of purchase, prior to warranty support made available to the Customer.
10.5 Warranty registration may be made by e-mail, post or using the Site.
11.1 All notices, demands, or consents required or permitted under this agreement shall be invalid unless in writing be made by registered mail at the following addresses and shall be deemed to have been served when received by the receiving party or five (5) days after posting, whichever is the earlier:
If to the Customer, address provided to NEHOCdirect by the Customer.
If to NEHOCdirect - PO Box 175, NARRABEEN NSW 2101, Australia
11.2 Notices sent by e-mail are deemed posted at time of leaving internal NEHOCdirect mail server and received one (1) day after sending.
12.1 NEHOCdirect may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting.
12.2 Posting of the amended and restated Agreement and the Customers continued use of the Site, correspondence with NEHOCdirect or placement of a new Order shall be deemed to be acceptance of the amended terms.
12.3 Terms are valid for a minimum period of 30 days from original purchase of any Goods or Services. This Agreement shall not automatically be renewed for any additional terms unless both parties execute an extension hereto and nothing contained herein shall obligate either party to enter into any extension hereto.
12.4 NEHOCdirect does not make any representations or warrant against the availability of Goods and Services beyond the term of this agreement.
12.5 Either party, upon written notice to the other party, may immediately terminate this agreement if the other party is in material breach of any term of this agreement, or the other party becomes subject to bankruptcy, dissolution, winding up, insolvency or liquidation.
12.6 NEHOCdirect may cancel this agreement at any time by giving written notice. NEHOCdirect shall not be liable for any loss of damage whatever arising from such cancellation.
12.7 In the event of any termination of this Agreement, both parties shall immediately complete all payments owing either between themselves or to third parties, without setoff.
13.1 NEHOCdirect does not make any representations Goods are currently under manufacture at time of entering this agreement. All goods are sold on a ‘whilst current stocks last basis’, no further orders, rain checks or backorders shall be made available.
13.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state of New South Wales and are subject to the jurisdiction of the courts of the state of New South Wales.
13.3 If a competent court holds any provision of this agreement illegal, invalid or unenforceable in whole or in part under applicable law such provision or such portion thereof shall be ineffective as to the jurisdiction in which such court is located to the extent of its illegality, invalidity or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity or enforceability of such provision or of any other provisions of this Agreement in any other jurisdiction.
13.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
13.5 This Agreement and all Goods, Services, Support and Documents referred to herein embody the entire understanding of the parties with respect to the subject matter hereof and shall supersede all previous and contemporaneous communications, representations or understandings, either oral or written, between the parties relating to the subject matter hereof, including NEHOCdirect Order Sale Terms.