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Website Terms and Conditions

Terms and Conditions

General Terms and Conditions

These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from Tandy.com.au.

Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.

Which terms and conditions apply?

Some Products You Order on the Website are offered and supplied by:

  • Kogan Australia Pty Ltd ABN 53 152 570 351 T/A Tandy (Tandy); and
  • Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong T/A Tandy Electronics (Tandy Electronics); and
  • Kogan Mobile Australia ABN 28 603 162 714 (Kogan Mobile) as agent for Vodafone Hutchison Australia Pty Ltd ABN 76 096 304 620 or its subsidiaries (Vodafone).

The website Product listing states the offer or and/or supplier of each Product. Products which are offered and supplied by Tandy are referred to herein as TA Products.

Products which are offered and supplied by Tandy Electronics are referred to herein as TAE Products.

Products and services which are offered and supplied by Kogan Mobile Australia Pty Ltd as agent for Vodafone Hutchison Australia Pty Ltd are referred to herein as Kogan Mobile Products.

It is important to note that different Terms and Conditions apply in respect of Orders for TA Products and TAE Products. Where you place an Order for TAE Products to be delivered outside of Hong Kong, you will be the importer of the TAE Products into Your jurisdiction.

If you do not understand these Terms and Conditions or if you have any questions, including which Products are supplied by Tandy and Tandy Electronics then please email Our team through our Help Centre, and a representative will be happy to help you.

Terms and conditions for TA Products →

Terms and conditions for TAE Products →

Terms and conditions for Kogan Mobile Products →

Terms and conditions for TA Products

These Terms and Conditions constitute a contract between the customer (You) and Tandy.

1. Agreement

1.1

In these Terms and Conditions We, Our or Us means Tandy; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website..

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Tandy. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You

3.4

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 7.4.

4.2

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2

All weights and dimensions of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6. Orders

6.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by Tandy at the time Tandy sends an Order confirmation to Your nominated e-mail address.

6.3

Tandy is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

Tandy reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

Tandy does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Tandy shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Tandy (or its affiliates), and Tandy shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1

You may provide Your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

8.1

We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Tandy does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Tandy. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).

8.3

Tandy will not deliver Products to PO Box addresses.

8.4

Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.

8.5

The couriers or postal services nominated by Tandy will deliver Products during local business hours (9am to 5pm, Monday to Friday excluding public holidays).

8.6

Tandy is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Tandy (as notified to the Customer) in relation to date and time of delivery. Tandy shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.7

Tandy reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Tandy will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. refunds and returns

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under the Returns Policy, please contact Us through Our Help Centre.

10.5

The Customer must comply with directions from staff to facilitate a return.

10.6

Returned Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7

Subject to clause 10.8, it is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  1. the nature of Our failure to comply with the consumer guarantee, or
  2. the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, we take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1

Each Product sold on the Website is covered by a 12 month Standard Care.

11.2

Extended Care is available for purchase for some Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.

11.3

We will carry spare parts for each Product for a reasonable period, which we consider generally corresponse with the length of the Standard Care and/or Extended Care period (1, 3 or 5 years as the case may be). Tandy reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

All Intellectual Property in any Material on the Website is the property of Online Business Number 1 Pty Ltd. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

By placing your Order or otherwise contacting Tandy, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other TA Products or TAE Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

15. Miscellaneous

15.1

Title and risk in the TA Products pass to You at the point of dispatch or embarkation by TA to Your courier.

15.2

Tandy reserves the right to make changes to the Tandy Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

15.3

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

15.4

A failure or delay by Tandy to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Tandy does not preclude its future ability to exercise that or any other power or right.

15.5

Insofar as they apply to the ordering, purchase, fulfilment and delivery of TA Products from Tandy.com.au, these TA Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

15.6

No Tandy employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Terms and conditions for Tandy TAE Products

These Terms and Conditions constitute a contract between the customer (You) and Kogan HK Limited trading as Tandy Electronics (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong trading as Tandy Electronics.

1. Agreement

1.1

In these Terms and Conditions We, Our or Us means Tandy Electronics; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website and TAE Products means purchased from Tandy Electronics through the website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of TAE Products.

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of TAE Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.

2. Legal capacity

If you are under the age of eighteen (18) years you cannot place Orders with Tandy Electronics. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.3

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1

Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:

  1. by agreement between You and Us in writing or by email; or
  2. in accordance with clause 7.4.

4.2

All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1

Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.

5.2

All weights and dimensions of TAE Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.

6. Orders

6.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).

6.2

Orders will be deemed to have been received by Tandy Electronics at the time Tandy Electronics sends an Order confirmation to Your nominated e-mail address.

6.3

Tandy Electronics is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

Tandy reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

If you have received notification that Your item has been processed, all refunds and cancellations are subject to the terms of Our Returns Policy

6.6

Tandy Electronics does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Tandy Electronics shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Tandy Electronics (or its affiliates), and Tandy Electronics shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1

You may provide Your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4

Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.

8. Delivery and ownership of the goods

8.1

You hereby appoint Tandy Electronics as Your agent solely to engage a courier on Your behalf to receive the TAE Products at the point of dispatch or embarkation and deliver them to You.

We try to ensure that all TAE Products are delivered to Your courier in a prompt and timely manner. However, from time to time, it is possible that there may be delays in dispatch or embarkation of TAE Products. Tandy Electronics does not accept any liability for loss or damage suffered by anyone as a result of any such delays nor for any delay by Your courier in delivering the TAE Products to You.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Tandy Electronics. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Returns Policy at any time prior to dispatch of the Product(s).

8.3

Tandy Electronics is not responsible for the delivery times of TAE Products. Once TAE Products have been dispatched, it is Your responsibility to liaise with Your courier in relation to date and time of delivery. Tandy Electronics shall not be liable for any inaccuracy of information provided to You relating to the date and time of delivery.

8.4

Tandy Electronics reserves the right to not ship to remote or rural locations.

9. Faulty or damaged goods

Tandy Electronics will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under the Returns Policy, please contact Us through Our Help Centre.

10.5

The Customer must comply with directions from staff to facilitate a return.

10.6

Returned TAE Products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a Product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Product without its original packaging.

10.7

Subject to clause 10.8, It is the Customer's responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

10.8

Where You are returning a Product to us because of Our failure to comply with a consumer guarantee, You must return the Product to us at Your cost unless the Product cannot be returned, removed or transported without significant cost to You because of:

  • the nature of Our failure to comply with the consumer guarantee, or
  • the size or height, or method of attachment, of the Product.

Where You are returning a Product to us, We take no responsibility for a Product lost in transit.

If subsection (b) applies, We will, within a reasonable time, collect the Products at Our expense.

11. Warranties

11.1

Each Tandy Electronics Product sold on the Website is covered by a 12 Month Standard Care.

11.2

Extended Care is available for purchase for some TAE Products, as listed on the Website. They may be purchased up to 14 days after delivery of Your TAE Products.

11.3

We will carry spare parts for each Product for a reasonable period, which We consider generally corresponse with the length of the Standard Care and/or Extended Care period (1, 3 or 5 years as the case may be). Tandy Electronics reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

11.4

Nothing in these Terms and Conditions excludes the application of statutory conditions, warranties and guarantees.

12. Liability

To the extent permitted by law We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

13. Intellectual Property

We will carry spare parts for each Product for a reasonable period, which We consider generally corresponse with the length of the Standard Care and/or Extended Care period (1, 3 or 5 years as the case may be). Tandy Electronics reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.

14. Privacy

By placing Your Order or otherwise contacting Tandy Electronics, you agree that We may store, process and use data collected from Your Order for the purposes of processing Your Order. By placing Your Order or otherwise contacting Us, you also agree that We may use such data, other than credit card details, in order to provide you with information from time to time on other TA Products or TAE Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, We will correct it on Your written request. Please refer to Our Privacy Policy.

15. Gift Vouchers

15.1

Gift Vouchers & Credit Notes have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.

15.2

Gift Vouchers & Credit Notes may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.

16. Use of TAE Products in Your jurisdiction

16.1

It is Your responsibility to ensure that it is lawful to import the TAE Products into Your jurisdiction and/or use them in Your jurisdiction. It is Your responsibility to obtain any permits for, or make any modifications to, the TAE Products so as to enable them to be imported into or used within Your jurisdiction.

16.2

Tandy Electronics reserves the right to make changes to the Tandy Electronics Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

17. Miscellaneous

17.1

Tandy Electronics reserves the right to make changes to the Tandy Electronics Website and these Terms and Conditions without notice.

17.2

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

17.3

A failure or delay by Tandy Electronics to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Tandy Electronics does not preclude its future ability to exercise that or any other power or right.

17.4

Insofar as they apply to the ordering, purchase, fulfilment and delivery of TAE Products from Tandy Electronics, these terms and conditions are governed by and must be construed according to the law of Hong Kong and the parties submit to the jurisdiction of the courts of Hong Kong.

17.5

In respect of any Order, certain taxes may be levied by the destination country to which Your TAE Products will be delivered. You will be the importer of record for the purpose of customs and border processing. As the importer of the TAE Products, you agree that you are liable to pay such taxes with respect to the TAE Products to the relevant authority in addition to Your payment to us under the General Terms and Conditions above. It is Your responsibility to determine whether any such taxes apply in Your destination country for delivery or the country from which the TAE Products are shipped. You agree that neither Tandy nor Tandy Electronics is liable to you with respect to any loss, damage, cost, expense or injury you incur as a result Your obligation to pay taxes in a particular jurisdiction.

17.6

Title and risk in the TAE Products pass to You at the point of dispatch or embarkation by Tandy Electronics to Your courier.

17.7

No Tandy Electronics employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Terms and conditions for Kogan Mobile Sim Cards

These Terms and Conditions constitute a contract between the customer (You) and Kogan Mobile Australia Pty Ltd ABN 28 603 162 714 (Kogan Mobile), as agent for Vodafone Hutchinson Australia Pty Ltd ABN 76 096 304 620 or its subsidiaries (Vodafone).

1.1

In these Terms and Conditions We, Our or Us means Kogan Mobile; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of SIM Cards through the Website.

1.2

By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Sim Cards.

1.3

The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Sim Cards. Kogan Mobile supplies Sim Cards as agent for Vodafone Hutchinson Australia Pty Ltd ABN 76 096 304 620 (Vodafone). Kogan Mobile telecommunications services are provided by Vodafone under terms and conditions published by Vodafone from time to time. The terms of your Kogan Mobile service are set out in the Vodafone Standard Form of Agreement (SFOA), as varied from time to time, which can be found here.

Your Critical Information Summary contains a summary of the charges that apply to your Kogan Mobile service.

Details on inclusions for each Kogan Mobile plan are available at www.koganmobile.com.au/plans/.

2. Legal Capacity

If you are under the age of eighteen (18) years you cannot place Orders with Kogan Mobile. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1

The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.

3.2

You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.

3.3

You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

Prices displayed on the Website are subject to change without notice.

5. Sim Card and Kogan Mobile Services

Features, specifications and inclusions of Kogan Mobile services described or depicted on the Website are subject to change without notice.

6. Orders

6.1

You may place an Order by following the instructions on the Website. By placing an Order, you make offer to enter into an agreement to purchase the Sim Card(s) the subject of Your Order (Purchase Contract). Kogan Mobile acts as agent for Vodafone in supplying Sim Cards to You.

6.2

Orders will be deemed to have been received by Kogan Mobile at the time Kogan Mobile sends an Order confirmation to Your nominated e-mail address.

6.3

Kogan Mobile is an online business and will primarily communicate with Customers via e-mail. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

6.4

Kogan Mobile reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Sim Card(s).

6.5

In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.

6.6

Kogan Mobile does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.

6.7

Kogan Mobile shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Kogan Mobile (or its affiliates), and Kogan Mobile shall be entitled to a reasonable extension of time for the performance of such obligations.

6.8

Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.

7. Payment

7.1

You may provide Your nominated credit card during the purchase process described on the Website.

7.2

Payment for Orders will be processed immediately upon confirmation of Your Order.

7.3

If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

7.4

Despite Our best efforts, on occasion it may be possible that Sim Cards may be incorrectly priced on the Website. If We have made a mistake and a Sim Card's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Sim Card at the correct price or cancel Your Order. If a Sim Card's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Sim Card, or where the higher incorrect price has been charged, We will refund the price difference and send You the Sim Card.

8. Delivery and ownership of the goods

8.1

We try to ensure that all Sim Cards are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Kogan Mobile does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

8.2

The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Kogan Mobile. Where scheduled dispatch of a Sim Card is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund in accordance with the Refunds Policy at any time prior to dispatch of the Sim Card(s).

8.3

Kogan Mobile will not deliver Sim Cards to PO Box addresses.

8.4

The couriers or postal services nominated by Kogan Mobile will deliver Sim Cards during local business hours (9am to 5pm, Monday to Friday excluding public holidays).

8.5

Kogan Mobile is not responsible for the delivery times of Sim Cards. Once Sim Cards have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Kogan Mobile (as notified to the Customer) in relation to date and time of delivery. Kogan Mobile shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

8.6

Kogan reserves the right to not ship to remote or rural locations.

9. Faulty or damaged Sim Cards

Kogan Mobile will replace or refund faulty or damaged Sim Cards in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

10. Refunds and returns

10.1

Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.

10.2

All refunds may take up to 10 business days to be processed.

10.3

Other than in accordance with the Returns Policy, refunds are strictly limited to those available under clauses implied by statute.

10.4

In order to facilitate a return under he Returns Policy, please contact Us through Our Help Centre.

10.5

The Customer must comply with directions from staff to facilitate a return.

11. Liability

To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any Sim Card supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Sim Card(s) in question.

For the avoidance of doubt, nothing in this clause limits or restricts Your ability to make a claim that may be available to You for Our failure to comply with a guarantee under the Australian Consumer Law.

12. Intellectual Property

All Intellectual Property in any Material on the Website is the property of Online Business Number 1 Pty Ltd. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

13. Privacy

By placing your Order or otherwise contacting Kogan Mobile, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other DS Products or DSE Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

14. Miscellaneous

14.1

Title and risk in the Kogan Mobile Sim Cards pass to You at the point of dispatch or embarkation by Kogan Mobile to Your courier.

14.2

Kogan Mobile reserves the right to make changes to the Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.

14.3

Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.

14.4

A failure or delay by Kogan Mobile to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Kogan Mobile does not preclude its future ability to exercise that or any other power or right.

14.5

Insofar as they apply to the ordering, purchase, fulfilment and delivery of Kogan Mobile Sim Cards from www.tandy.com.au/ta, these Kogan Mobile Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.

14.6

No Kogan Mobile employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

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