Terms and Conditions

All purchases made from alliedgaming.com.au are covered by the following terms and conditions.  They contain the information regarding your legal rights and obligations, including exclusions and limitations that apply to you.  When you place an order for any product from Allied (“alliedgaming.com.au”), you (the “Customer / Consumer”) agree to be bound by the terms and conditions listed below.  You and alliedgaming.com.au agree that the following are the exclusive terms governing the sales transactions between alliedgaming.com.au and the Customer.

Conditions of Use

This Standard Terms and Conditions Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from Allied, or any of its subsidiaries or affiliates (collectively, “Allied “). By accepting delivery of the product purchased from Allied and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you Allied. These terms and conditions are subject to change without prior written notice at any time, in Allied’s sole discretion.

Definitions:

“We”, “us” and/or “our” means Allied (www.alliedgaming.com.au).

“You” or “your” means the individual or entity named on the invoice.

Payment Terms:

Orders; Interest. Advertised prices are in Australian Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within Allied’s sole discretion, and unless otherwise agreed to in writing by Allied, payment must be received by Allied before Allied’s acceptance of an order. Allied may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.

Duties/Taxes:  Unless otherwise indicated on the face of the invoice, you are responsible for paying all duties and taxes associated with your order. Only alliedgaming.com.au’s site has 10 Percent Australian GST included in the website price. If your destination country is other than Australia, You are responsible for paying all duties and taxes associated with your order.

Shipping and Title:

Allied will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when Allied delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify Allied of missing or damaged items in your order within five (5) days after you receive your product.

Cancellation or Return of a Custom PC order:

Upon receiving an order for a Ready To Ship or Custom PC, we immediately begin processing the order. A PC order involves committing staffing resources, administrative work, hardware, logistics and other related procedures, all of which represent a cost to our business. Therefore once an order is placed and prior to its shipment, we cannot accept a cancellation and offer a full refund, be it for change of mind or any other reason, without cost.

Order cancellations prior to dispatch can be handled in two ways:
1) Order cancelled and refund issued, minus a 25% restocking fee.
2) Order cancelled and a credit for the full amount provided, in the form of a coupon code to use on our website at any other time. This can be used in one full amount or multiple partial amounts.

We strongly recommend you consider this cancellation policy carefully before finalising your PC purchase, as it is not negotiable.

We do not normally give refunds or exchanges if you already knew of a fault in a product or we specifically advised you of a fault in a product, damage a product after purchase due to alterations not performed by us, damage the product due to unusual or non-recommended use, damage the product by any means where the damage is outside of our control, or when no proof of purchase is provided.

Requesting and Submitting a Refund, Return, Warranty or Consumer Guarantee Claim

To request/submit a Refund, Return, Warranty, & Consumer Guarantee Claim, please email us at [email protected].  Please note, that if the product is deemed NO FAULT FOUND for any warranty or consumer guarantee claim, a service fee up to $50 with any additional shipping charges may be applied; and any inspection or rejection fees by the relevant authorised service centre may also be applied.  If a product is found to have been supplied to you in full compliance of Australian Consumer Law, we may require you to pay all costs associated with returning the item to you.

To be eligible for a Refund, Return, Warranty, & Consumer Guarantee Claim, you must:

• If manufacturer’s warranty applies, carefully review the details of said warranty and ensure that you comply with the terms and conditions of the manufacturer’s warranty.  Allied will not accept responsibility of non-compliance with the manufacturer warranty.
• Report the details of the fault and return the good to Allied (via post or courier)
• Provide proof of purchase when returning the goods
• Stop using the faulty item
• Ensure that reasonable care is taken while the goods are in your possession
• Be sure that you did not cause the fault; i.e. the fault was not caused by the product being used in a non-recommended way.  Such a use may be noted in the manufacturer’s warranty as rendering the manufacturer’s warranty void.
• The product must not be lost, destroyed, or disposed of.  There needs to be proof that the product has failed.
• Not have reduced value by delay on the customer’s part.  Please bring all faults to our attention as soon as they occur.

Allied reserves the right to reject a return, refund, warranty claim, or consumer guarantee claim if:

• Consumers cause fault of the item in a way considered to be abnormal.  Please check the manufacturer’s warranty to see if misuse has rendered the warranty to be void, or results from a use that you wouldn’t reasonable expect the product to perform
• Consumers damage the product where the damage is caused by any factor out of Allied’s control
• Consumers damage the product by making alterations not performed by us
• Consumers are unable to provide a proof of purchase (tax invoice)
• Consumers are responsible for damaging the goods by not following care instructions or by exercising reasonable care of the item.

Restocking:

In some specific circumstances, we are able to offer our customers with a conditional courtesy return if the consumers want to exchange the incorrectly purchased product provided:

• The customer notifies Allied within 5 days of receipt of the delivery of the product
• Products are not opened and in pristine, re-sellable condition including all manuals, cables, accessories, and packaging included with the product.
• Customer accepts a 20% minimum restocking fee of the purchase price
• We may reject the return upon inspecting the condition of the product and will return the product to the customer at the customer’s expense if the product is not in unopened

Acceptance of these returns are at the discretion of Allied.

Returning goods to Allied:

We do not take responsibility for any goods damaged or lost in transit when the customer sends the product back to us for warranty, repair, or return.  If the item is damaged in transit, the warranty may be void.  If you are unsure of the packing required for safe return of the item, please contact us.  Shipping fees will be covered by Allied for any computer that arrives damaged from freight or any computer that is Dead on Arrival (DOA).  Any DOA (Dead on Arrival) items received will be replaced, repaired, or refunded. The DOA claim must be made within 7 business days of receiving the item.  Some charges may be reimbursed by Allied to the consumer where it is entitled by law to have those reimbursements.  Please note that all warranty, refund, repair, and consumer entitlement claims are processed in the order that they are received.

All PC systems are covered by a two year warranty (from date of purchase).  If your PC is faulty during this period, you can return it to us for repair. Allied will in most instances issue a shipping label for return of the PC to us at no cost to you. If a warrantable fault is found, the PC will be repaired and shipped back to you at no charge. For instances in which no fault is found, shipping fees will apply to cover both the transit back to us and returning the PC to you, along with a service charge of up to $50. For instances where the fault is not warrantable, shipping fees may apply to cover both the transit back to us and returning the PC to you, along with reasonable costs involved with repairing the unit, including parts, labor and other associated costs. These costs will be discussed with you prior to any repair or chargeable work taking place.

Allied has a Return-to-base Warranty for all computers purchased, starting from the date of purchase, for the term stated on the order.  Our technicians may take up to 14 business days to complete any return-to-base warranty claims. Products made from other manufacturers will have their own warranty information regarding faults/repairs. Please check with the manufacturer for any warranty return information. We may advise that your warranty will need to be processed through the manufacturer as they will be better positioned to process their warranty claims for repair or replacement.

Upgrade Program:
Allied may offer credit for components from another Allied PC purchased via our website, in the form of a discounted upgrade fee when opting to upgrade to a new PC, or more recent compatible component configuration option, from our website. The components must have been part of the original specification purchased from us, which will be verified via serial numbers scanned into the original PC. The value of any credit, and the component type or models for which credit may be offered, are at Allied’s sole discretion. The program may not apply to PCs purchased from any other Allied sales channels or partners. Any credit given must be applied to a PC upgrade from Allied, and may not be redeemed for cash, or a coupon/voucher.

Disclaimer of Warranties:

There are no warranties for software or services.  Allied makes no warranties, express or implied, expect those stated in this section and in Allied’s applicable warranty statement in effect on the date of the invoice.  Any such warranties will be effective during the relevant period, and Allied will be obligated to honour any such warranties only upon Allied’s receipt of payment in full for the item to be warranted.

Warranties for International Customers; Disclaimer of Warranties:

The standard warranty stated above applies to Allied branded products shipped to a country outside of Australia, provided that customers outside Australia are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to Allied . All international customers are responsible for all customs duties, GST and other associated taxes and charges. The warranty disclaimer above also applies to international customers.

Software:

All software is provided subject to the license agreement that is part of the package you receive from Allied. You agree to be bound by the license agreement once the package is opened or its seal is broken. Allied does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

Manufacturer’s Warranty:

Allied is not a manufacturer or authorized service centre.  It is highly recommended that a customer contacts the product’s manufacturer’s technical support directly for any troubleshooting or technical support advice before you return the product to us for a warranty claim.  Some of these manufacturer provided support services are free and will be able to provide you the expert technical support to resolve your issue.  This can assist with expediting the process with warranty claims with the manufacturer and Allied.  Allied cannot apply for a warranty claim on the customer’s behalf with a manufacturer due to the Privacy Act.

If directed by the manufacturer to return the product back to us, please lodge a warranty request to [email protected]

Allied PCs:

Allied continually upgrades and revises its products and service offerings. Allied may revise and discontinue products at any time without prior notice to customers. Allied will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Allied products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Allied SKU numbers for Allied -branded hardware products are of the quality specified by Allied on its website and conform in all material respects with the Allied product specification current on the date such products were shipped.

Software and Peripherals:

Any warranty and technical support provided on third-party products offered by Allied, such as computer monitors, speakers and other peripheral devices, as well as software, are provided by the original manufacturer and not by Allied. The warranties and technical support offered by such manufacturers may vary from product to product. Allied -branded software and peripheral devices carry the same warranty terms as those described in Warranties Sections above.

Limitation of Liability:

ALLIED DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. ALLIED WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, ALLIED IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

Miscellaneous Provisions:

You will not register or use any Internet domain name that contains an Allied trademark or trade name (www.alliedgaming.com.au) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of Australia/New Zealand, without regard to conflicts of laws principles.

Trademark:

You will not register or use any Internet domain name that contains an Allied trademark or trade name in whole or part or any other name that is confusingly similar.

Product Information Policies

Price Protection:

Allied’s website is updated frequently to ensure that listings reflect correct pricing and the latest products.  At the time you make a purchase you agree to the listed price.  The listed price is subject to change.

We reserve the right to make corrections and changes to prices, products, and specifications without notice due to errors arising from misprints, technical, and human errors.

Product Images and other Images:

All product images on Allied’s website may vary from the actual product.  All typographical errors are subject to correction.  Please note that these images are only to be used as a point of reference and do not reflect, in any way, the actual product.

Product Descriptions and Specifications:

At Allied, we strive to ensure that every product description is accurate.  However specifications, features, documents, and graphics may contain technical inaccuracies or typographical errors.  If an error is made or a product is listed at an incorrect price, we will correct the error as soon as possible.

Product Availability:

Product availability is subject to change at any time.  Stock showing as available at time of ordering may sell out and be on backorder.  We will fulfil your order as soon as possible and will notify you or update item status with an ETA when possible.

Shopping Networks:

We do not accept any responsibility for errors made by companies such as Shopping.com, Myshopping,  GetPrice, etc.  In these circumstances it is the end user’s responsibility to ensure what they are ordering is correct.  If you have any questions about a product, please contact us at [email protected].  Please note that we do not refund or exchange for any incorrect purchases.

Other Policies:

Governing Law and Jurisdiction:

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Allied and the customer shall be governed by the laws of South Australia or as defined by the Australian Consumer Law.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Limitation of Liability

Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) (“CCA”)) when a problem with a product purchased by a consumer is major is limited to:

(a)          payment to the consumer of the cost of purchasing the goods; or

(b)          replacement of the goods or the supply of equivalent goods; or

(c)          payment of an amount equivalent to any drop in value of the goods as a result of the major failure.

Subject to ‘Competition and Consumer Act’ set out below our total liability with respect to any statutory guarantee owed to a consumer when a problem with a product purchased by a consumer from us is minor is limited, at our option to:

(a)          the replacement of the goods; or

(b)          the repair of the goods; or

(c)          the payment of the cost or replacing the goods or of acquiring equivalent goods.

All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.

Competition and Consumer Act

Nothing in this document excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy, implied or imposed by common law, statute or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.