Terms and Conditions
The following describes the terms on which Acer offers you access to our Acer Store Website and all related pages and information.
1. Membership Eligibility.
Our services are only available to, and may only be used by, natural persons and corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
Your membership is not transferable. Your Acer account may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your account. You are responsible for what occurs on that account and must report any unauthorised use of your account to us.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
4. Legal Compliance.
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law) international laws, statutes, ordinances and regulations regarding your use of our services including bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. In particular, you must ensure that your activities, items you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Competition and Consumer Act 2010 (Cth) and other relevant state-based fair trading legislation.
For more information about this legislation and other legislation which may apply to you, you may wish to refer to the Australasian Legal Information Institute.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to becoming, and as a condition of remaining, a member of Acer, and you agree to be bound by them.
ACER Terms and Conditions of Sale, Service and Technical Support ("Terms and Conditions")
Certain legislation in Australia may provide consumer guarantees or impose obligations on Acer which cannot be excluded, restricted or modified, or only to a limited extent. These Terms and Conditions are subject to such legislation, including without limitation the Australian Consumer Law.
• Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
• Contract means a contract for sale by Acer to the Customer of the Products and/or services incorporating these Terms and Conditions.
• Consumer Contract means a contract for the acquisition of goods or services as a 'consumer' as that term is defined in section 3 of the Australian Consumer Law.
• Customer means the person or legal entity identified in Acer's Quotation or Invoice.
• Acer means Acer Computer Australia Pty Ltd.
• Acer-branded means computer hardware products that are marked with the Acer brand.
• Extended Warranty means additional warranty, purchased by the Customer, which is in addition to the Standard Warranty.
• Order Confirmation means the acknowledgement of Products ordered by Customers.
• Dispatch means the process in which orders are prepared and leave the Acer warehouse.
• Delivery address means the place designated by the Customer and agreed to by Acer for delivery of Products.
• Price means the price as per Acer Quotation and Order Confirmation.
• Products means the products as described in Order Confirmation and may include Acer products, third party products and other offerings.
• Standard Warranty means the warranty that comes standard with purchases from Acer, as set out in clause 9 of these Terms and Conditions.
• Third Party Products means products other than Acer-branded.
2. Formation of Contract
1. The products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Acer's acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
3. Products Orders, Price and Payment
1. Products and/or services must be paid for in full before physical delivery of products and/or services.
2. All pricing is as per the product published on the Acer Store and are agreed upon at the time of purchase. Prices may vary from time to time without affecting any prior purchased products.
2. The Customer will pay for all applicable delivery and handling charges.
3. The Customer will bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.
1. All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that Acer does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance
2. All rights, title or interest in respect of the intellectual property rights in the software remain with Acer or the licensor of the software at all times.
5. Title and Risk
1. Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
1. Acer will deliver the Products to the delivery address stated on the order at the time of delivery.
2. Any dates provided by Acer for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as the Customer's location and availability of parts for the Products. For non-Consumer Contracts, Acer will not be liable for any delay in delivery of the products and/or services, howsoever caused.
3. Customers may cancel an order for Products purchased under a Consumer Contract if Acer is unable to deliver the Products within a reasonable period from the estimated delivery date.
4. Acer has a policy of on-going Product update and revision. As a result, Acer may revise and/or discontinue Products at any time without notice.
5. Delivery is subject to the availability of the stock at the time of dispatch. Acer will endeavour to fulfill all orders, however makes no guarantees of the availability of stock at the time of dispatch.
6. If by any circumstance, any product is not available at the time of dispatch, Acer will may offer a suitable alternative or fully refund the product as well as any accessory or service purchased along with the line item. If products refunded in this way encompass the entire order, any delivery charges will also be refunded.
7. Acceptance of Products
1. Unless the Customer notifies Acer to the contrary within two days of delivery, the Products will be deemed to have been accepted by the Customer.
Acer is happy to accept returns of a product should you change your mind and offer a replacement or full refund if notified within 14 days of the delivery of the order and with the following conditions
(a) The product must be returned in the original box and in the same condition as shipped by Acer, including all other items shipped with the product, such as software, manuals, cables, CDs, etc. Acer reserves the right to deduct an amount from a refund at the current market RRP of missing or damaged items. All possible charges (for missing items) will be applied before the final credit has been processed.
(b) The customer will need to return the product to Acer Reception at their own risk and incur any related delivery charges. We should suggest the customer insuring the shipment or to accept a risk of damage or loss during shipment.
Acer will also accept returns or organise a replacement if the following conditions are met.
(a) The products are damaged in transit
(b) The product not supplied but charged for (example, lost in transit)
(c) There are missing items from the box
(d) The wrong items are sent
(e) The wrong configuration is sent
(f) Goods are delivered beyond 10 business days from the confirmed delivery time
(g) The order is not cancelled fast enough by Acer
(h) The Acer product does not meet the stated capabilities.
In these cases Acer may replace, refund or offer a suitable alternative and will arrange the pickup of any products required to be brought back to Acer. Acer reserves the right to deduct an amount from a refund at the current market RRP of missing or damaged items beyond the claim for the above reasons. All possible charges (for missing items) will be applied before the final credit has been processed.
WARRANTY CONDITIONS FOR ACER HARDWARE
1. Acer warrants that the product you have purchased is free from manufacturing defects in materials and workmanship when dispatched from our warehouse. Your sales receipt is your proof of the date of purchase and the warranty period commences as of that date. This warranty extends only to you, the original purchaser, and is non-transferable.
2. It is the customer’s responsibility for securely packaging the product for Depot Return or Collection.
3. During the warranty period as indicated above, Acer will, at no additional charge, replace defective parts with new parts or serviceable parts that are equivalent to new parts in performance. All replaced or exchanged parts which are taken out under this warranty become the property of Acer.
4. Acer may decide at its own discretion to send replacements for faulty items (ie keyboard, mouse, monitor etc.) directly to the end user who is also responsible for their installation.
5. This warranty does not extend to any product purchased from other than an Acer Authorised Dealer/Reseller. This warranty automatically becomes void if the product has been physically damaged or rendered defective (a) as a result of an accident, misuse, abuse, or other circumstances beyond Acer's control: (b) by the use of parts or peripherals not manufactured or supplied by Acer; (c) as a result of normal wear and tear; (d) by use within an improper operating environment; (e) by modification of the product (f) by the serial number or warranty seal being removed or defaced; (g) as a result of service rendered by anyone other than an Authorised Service Provider (ASP) or (h) as a result of the product being operated otherwise than in accordance with Acer's instructions.
6. Software-related faults resulting from incorrect software installation or usage or software viruses or software inherent bugs shall not be considered as product faults and may incur a charge for rectification, if requested. It is the purchaser's responsibility to keep useable archive back-ups of all data and to reload all software following any maintenance or repair work (except the operating system).Acer is not responsible for damage to, or loss of, any programs, data or removable storage media including any consequential loss or damage. Acer is also not responsible for future upgrades of software products bundled with Acer products.
7. Chargeable hourly rates will apply to the customer if the technician finds the problem is (a) user related; (b) caused by change in normal settings of the computer; or (c) software issues not covered under our standard warranty.
8. Parts stock is maintained for a period of one year following Acer's withdrawal of the product from the market. The warranty is expressly subjected to the availability of product parts, which may not be guaranteed after the expiry of that product.
This warranty does not cover -
(a) any problems relating to the installation of any software packages or; any problems arising from user deletion or modification of any preinstalled software;
(b) the Product has been altered, modified or otherwise interfered with;
(c) the failure is due to normal wear and tear;
(d) the Product has been negligently used, abused, misused or neglected;
(e) the Product has been subjected to unusual physical, environmental or electrical stress where physical or electrical connection specifications are exceeded;
(f) the Product is installed or operated otherwise than in accordance with any instructions specified by Acer;
(g) any serial numbers have been removed or defaced; the Product has been serviced by anyone other than an Acer Authorised Service Centre;
(h) any Acer product purchased from any unauthorised reseller or sourced through any unauthorised channel;
(i) the defect or failure is due to parts or peripherals other than those manufactured by Acer or any associated Acer company, which have been inserted in or connected to the Product, or;
(j) the defect or failure is due to any act, default or omission by any person other than Acer, its employees or agents or to events outside the control of Acer including vermin infestation, faulty/fluctuation mains power supply, fire, flood, accident, terrorist attack, or act of God. For all Technical Support and Warranty enquiries, please call: 1300 365 100
Acers’ warranty period and method are determined by the warranty provided for each individual product and are conducted as follows.
(a) Standard Onsite Response
Acer will arrange an Authorised Service Technician to the place where your Acer product is located to do the repair on-site, at our cost. The general repair turn-around time for onsite is 5 business days. If your Acer product is located outside 50km from the nearest Acer National Repair Centre or Acer Authorised Service Provider, Acer will make necessary arrangements to have the product repaired in the Acer National Repair Centre. All repair turn-around times are subject to part availability.
(b) Next Business Day Onsite Response
A technician will respond to the customer within the NBD, if located within 50kms of an Authorised Service Provider. The general repair turn-around time for the product is NBD for Metro customers, or two business days for regional customers. If your Acer product is located outside 50km from the nearest Acer National Repair Centre or Acer Authorised Service Provider, Acer will make necessary arrangements to have the product repaired in the Acer National Repair Centre. All repair turn-around times are subject to part availability.
(c) Mail In Warranty
Acer will make all the necessary courier arrangements to forward your Acer product to the Acer National Repair Centre. You need to ensure that your Acer product is suitably packaged following the packing guidelines provided by Acer and labeled with Acer reference number. The average repair turn-around time is 5 to 10 business days. Once the repair is completed, your product will be forwarded back to you. All repair turn-around times are subject to part availability.
(d) Collect and Return Warranty
Acer will make all the necessary courier arrangements and supply an electronic consignment note (eParcel) to the customer. The customer can then return the product to our nominated 'drop off-points' which will be forwarded for delivery to Acer Repair Centre. There is no guaranteed repair time and the average repair turn-around time is 5-10 business days. The customer is responsible for ensuring that the product is packaged securely for transport and clearly labeled with the Acer Reference number. All repair turn-around times are subject to part availability.
1. Acer will not be liable for any loss or damage suffered and the Customer's rights are limited to those set out in these Terms and Conditions and under statute.
2. The Customer will indemnify Acer and keep Acer fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
3. Acer and the Customer agree that Acer's liability:
(a) for Products supplied under a Consumer Contract, is governed solely by the Australian Consumer Law;
(b) in the case of Products, the replacement of the Products or the supply of equivalent Products; the repair of such Products; the payment of the cost of replacing the Products or of acquiring equivalent products; or the payment of the cost of having the Products repaired; OR
(c) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
11. Use or Products
1. Acer Products are designed for specific applications and purposes to work under certain operating conditions. Customer's use of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Acer website may damage the Product and data stored on it. Such use may adversely affect the Customer's rights.
2. The Customer agrees to only use the Product in accordance with any manual and any specified operating conditions.
12. Business Usage
1. Where Products are bought for business usage the Customer warrants implementing appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.
13. Governing Law
1. These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and are subject to the non-exclusive jurisdiction of the courts of New South Wales.
1. The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Acer. Any such unauthorised assignment will be deemed null and void.
2. 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 will not be affected.
3. No failure or delay on Acer's part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
Address: 8 Baywater Drive Wentworth Points NSW 2127
Telephone: 1300 975 035