Dream PC Website Terms and Conditions
1. Your acceptance
1.1 These are the terms on which Dream PC ABN 49 389 381 587 (referred to as Dream PC, we, our or us) permits users (referred to as you or your) to access and use the Dream PC website (http://188.8.131.52/) (Website) including using the services and functionality made available through the Website, viewing Content (defined in clause 12) provided by Dream PC, communicating with Dream PC, reviewing product information and placing an order for products, services or both (Order) through the online store (Online Store).
1.2 You agree to be bound by these Terms when you:
(a) use, browse or access any part of the Website;
(b) register an account with the Website; or
(c) place an Order through the Online Store.
1.3 Dream PC may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Registering an Account
2.1 You will be required to register an account to make an Order on the Online Store or access other particular areas of the Website (Account).
2.2 You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform Dream PC if there is any change to this information or data.
2.3 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your Account by others, including without limitation minors (under 18 years old) living with you or in your care).
3.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website (Password). You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. Dream PC will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify Dream PC against all loss, damage, claims, costs or demands in this regard.
3.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify Dream PC of any Password which is lost, inoperable or used in an unauthorised manner.
4. Orders for products, services or both through the Online Store
4.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Dream PC in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Dream PC may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
4.2 Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.
4.3 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
4.4 Dream PC does not accept Orders via the Online Store originating from outside Australia.
5. Changes to products, services and pricing
5.1 We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
5.2 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
5.3 Due to the fluctuations in pricing on a constant ongoing basis, we will not be able to offer honourary pricing if you place your order just before a price is changed/lowered.
6.1 All transactions are processed in Australian Dollars.
6.2 Prices are inclusive of goods and services tax. In all other respects prices are exclusive of taxes, duties and charges imposed or levied in Australia in connection with the supply of goods or services.
7.1 Payment for an Order is made online only:
(a) online through the Online Store if you elect to have your Order delivered to you using one of our third party couriers (Online Payment); or
(b) Payments must be made and cleared online prior to collecting from our premises in person.
7.2 We accept Online Payment using VISA and MasterCard credit cards, PayPal, direct deposit and Apple Pay.
7.3 We only accept credit cards issued in Australia. The credit card holder must be either the billing or shipping recipient. All PayPal orders will ship to the registered PayPal address.
7.4 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order from your nominated credit card account.
7.5 If we are unable to successfully process your credit card for your Order that is accepted by us, then we may cancel your Order.
7.6 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
7.7 We will provide you with a receipt at time of delivery (in respect of Online Payments) or in store (in respect of In Store Collection) which specifies the total fees and charges for the products and services in your Order. These details are also available under your Account for you to refer to or print at any time for the period that your Account remains active.
8. Delivery of Orders
8.1 We offer the choice of shipping using StarTrack, Capital Transport and Australia Post eParcel (Third Party Couriers). Shipping and delivery of Orders will be in accordance with the delivery terms of the Third Party Couriers.
8.2 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours. You may be required by the Third Party Couriers to provide proof of identification for verification checks, in accordance with their delivery terms.
8.3 Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options by entering your post code into the freight calculator. This calculator appears on the lower half of the screen when you add items to your cart.
8.4 We aim to ship all Orders, where products are in stock, within 5-10 business days. If for any reason we are unable to dispatch your Order we will notify you within 5 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers.
9. Risk and title
9.1 If you elect to pick up your Order from our premises, then title and all risk of loss or damage to any product in your Order passes to you upon payment and collection from our premises.
9.2 If you elect to have your Order delivered to you using one of the Third Party Couriers, then title to the products in your Order passes to you upon delivery.
10. Returns and refunds of an Order
10.1 Above and beyond the minimum requirements of Australian law, We pride ourselves on good service. As such, if you are a consumer, you may cancel your order at any time, for any reason within 14 calendar days, beginning on the day you received the Products. You must notify us via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient.
10.2 If you are contracting as a Business / Trade customer, this clause does not apply. Any orders by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company address or purchase order number has been provided.
10.3 You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
10.4 If required we can arrange collection using our courier, who can collect from most areas of Australia. Please contact us to agree on the cost for collection depending on where the collection is from.
10.5 The supply of services (namely a Fast-track/priority build service – if ordered) will not be refunded because this service contract will have been fully completed within the cancellation period.
10.6 Once the cancelled Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 14 days including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) less the collection charge we paid for the collection of the Goods if applicable.
10.7 Except in the case of faulty or miss-described goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes such as games, chassis accessories and peripherals.
10.8 Any software or consumable goods that have been unsealed or activated do not have the right of cancellation and will not be refunded.
10.9 If the goods supplied to you are physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care.
10.10 If you suspect that the Goods are faulty and wish to return them you must contact us within 72 hours of discovering the fault and submit an RMA (Return Material Authorisation) request. We will examine the returned Product and if you are entitled, we will notify you of your options (which may be to either repair, replace or refund) via e-mail within a reasonable period of time. We will process a repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or within 14 days of the day you opt for a refund for the defective Product.
10.11 For refunds, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
10.12 For any returns due to damage or suspected faults, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required. We do not offer a collection for orders delivered to the Channel Islands, Norway, Iceland or Switzerland.
10.13 Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of goods being returned. Due to the nature of the goods supplied, we recommend original packaging is used. If original packaging is not available, new speciality packaging can be ordered from us. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
10.14 When you return goods using your own delivery method, where goods are found to be defective we will refund up to $20 of the cost incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
10.15 When returning goods under the 14 day cooling off period, if the goods are not in a re-saleable condition or if the goods have been unnecessarily handled we reserve the right to offer only a partial refund.
10.16 In order to obtain a refund, exchange or to repair a product purchased from Dream PC, including those products which carry a manufacturer’s warranty, you must have clear proof of purchase; typically, a receipt or invoice.
10.17 To return your product (including warranty returns for faulty products, or where you have been sent the wrong item), please go to the ‘Contact Us’ page and let us know the fault(s) found by e-mail, phone or online chat. We will review your request, and at our option, issue you a Return Authorisation number. If we issue you a Return Authorisation number, please clearly print it on the outside of the package when returning your product to us. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
10.18 In relation to returning faulty products, warranty periods are strictly enforced by manufacturers (and in relation to Dream PC Custom PC). It is therefore important that you immediately apply for a Return Authorisation number as soon as you become aware of the need to do so. When we receive your product, we will assess whether the product has a fault and can be accepted as a warranty claim. We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable time-frame. Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment. Once your product assessment is completed, we will inform you whether your warranty claim is accepted, and subject to clause 18, whether we will repair, replace or refund your product.
10.19 Unfortunately, advanced replacements (shipping replacements before the faulty component has been received and tested) is not available.
11.1 The Website is owned and operated by or on behalf of Dream PC.
11.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, training materials, trade marks, logos, service names and trade names of Dream PC, images of people or places or other content (Content) contained in the Website are owned or licensed by Dream PC.
11.3 The Content on the Website is for general information purposes only. Dream PC does not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of the Content by another person or organisation is at the user’s own risk.
11.4 The Content on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on the Website is not an endorsement of any organisation, product or service.
11.5 We may modify any information on the Website (including Content) at our discretion for any reason. All updates and modifications to the Website (including Content) will be subject to these Terms.
11.6 If you have a complaint regarding any Content on the Website, Dream PC’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
12. Prohibited uses
Unless expressly permitted by and in accordance with these Terms, you agree that in accessing and using the Website, you will not:
(a) download (other than page caching) or modify the Website or any portion of the Website;
(b) impersonate or falsely claim to represent a person or organisation;
(c) frame the Website without Dream PC’s express written permission; or
(d) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights.
13.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. Dream PC provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those web sites, their operators, the goods, services or content that they describe.
14. Access and communication
14.1 Dream PC does not warrant that you will have continuous access to the Website. Dream PC will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
14.2 Dream PC does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
14.3 Whilst Dream PC takes reasonable precautions to protect information transmitted via the Website (for instance, when you access your Account, or you make a purchase, a secure connection via Secure Socket Layer technology is established with your web browser to ensure that your details are encrypted and securely communicated to us), Dream PC cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
14.4 Dream PC does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify Dream PC in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the Website; or
(c) your communications with Dream PC
17. Warranties, consumer guarantees and Disclaimer of limitation of liability
17.1 Dream PC Custom PC means the custom system that is assembled by Dream PC under our custom system assembly service; and
17.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
17.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.
17.4 To the fullest extent permitted by law, the liability of Dream PC for a breach of a non-excludable guarantee referred to in clause 18.3 is limited, at Dream PC’s option, to:
(a) in the case of goods supplied or offered by us, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case of services supplied or offered by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
17.5 Subject to clause 18.7, you acknowledge and agree that, Dream PC is not the manufacturer or producer of any Non-Dream PC Product, and the only warranties offered in respect of a Non-Dream PC Product are those of the manufacturer, not Dream PC. Except as expressly set out in these Terms and to the extent permitted by law including the ACL, Dream PC does not make or will not be deemed to have made any:
(a) warranty or representation, express or implied, as to:
(i) the title, condition, design, operation, acceptable quality or fitness for purpose of any product (or any part thereof);
(ii) the absence of any latent or other defects;
(iii) the absence of any infringement of any intellectual property rights (including copyright and patents);
(iv) the absence of obligations based on strict liability in tort; or
(b) other representation, guarantee or warranty whatsoever, express or implied,
with respect to any Product or any part thereof or services sold on the Website.
17.6 Subject to clause 18.7, Dream PC provides a standard 3 year labour warranty for all Dream PC Custom PCs (Dream PC Custom PC Warranty). The Dream PC Custom PC Warranty commences from the date of delivery of the Dream PC Custom System Product to you. Where it can be proved in accordance with clause 11.4 that there is a fault with a Non-Dream PC Product component in the Dream PC Custom PC , this warranty covers:
(a) the return of the Dream PC Custom PC to Dream PC;
(b) Dream PC replacing the faulty Non-Dream PC Product component with a replacement; and
(c) Dream PC delivering the Dream PC Custom PC back to you.
If you encounter any issues with the Dream PC Custom PC outside the Dream PC Custom PC Warranty, you will need to identify what you believe is the faulty Non-Dream PC Product component, and return that component to us in accordance with the normal warranty procedure in clause 11.4, for us to assess whether that component is faulty and can be accepted as a warranty claim.
17.7 In addition to any manufacturers’ warranties for Non-Dream PC Products and the Dream PC Custom PC Warranty, the Products and services sold on the Website come with consumer guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Dream PC does not have to pay for damages or losses that (i) are not caused by Dream PC’s conduct or the Products, or (ii) relate to something independent of Dream PC’s business, after the Products have left Dream PC’s control. You are also entitled to have the Products repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
17.8 The consumer guarantees under the ACL have no set time limit, and depending on the price and quality of the Product, you may be entitled to a remedy even after any manufacturers’ warranty for Non-Dream PC Products, or the Dream PC Custom PC Warranty, has expired. In that circumstance, Dream PC recommends that:
(a) in relation to Non-Dream PC Products, you contact the manufacturer’s customer assistance department directly. Although the manufacturer’s warranty has expired, the manufacturer is obliged (and best placed) to assess the nature, cause and extent of a failure or fault if you believe your consumer guarantees have been breached. If you are not satisfied with the manufacturer’s remedy, then please contact us (see clause 22) for assistance; or
(b) in relation to Dream PC Custom PCs, you contact us directly (see clause 22) for assistance.
17.9 Dream PC will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website or the goods and services advertised or purchased from the Website.
17.10 Subject to this clause 18, the maximum aggregate liability of Dream PC for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of $100.
17.11 Goods found by us to be defective during the warranty period will be repaired or replaced with an item of an equal or better performance and equal or better value at the time a return material authorisation (“RMA”) is generated. All Products being returned under warranty must have been issued with a valid RMA number. Any goods received by us without a valid RMA number will be rejected and returned to sender.
17.12 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party (e.g. not using a surge protector), use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated / hot or dusty environment), failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the manufacturer’s approval.
17.13 We cannot be held responsible for loss of data, or need to remind you about backing up your data. Your data is your responsibility and you should take all necessary precautions to reinstate if a loss occurs. It is possible that hard drives and/or solid state drives may be formatted or replaced when returned under warranty regardless of any correspondence stating otherwise.
17.14 Should you take any goods purchased from us to a 3rd party and have them attempt to diagnose or repair a fault on the computer, you may VOID all warranties on the order and we will not cover the costs of any onsite or call out charges as we do not provide or charge you for onsite warranties. If you have any problems with your order you must contact us for advice and if necessary obtain an RMA number and return the item to us through the specified returns procedure.
18. Termination of your access to the Website
Dream PC may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
19. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of South Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
21. Contacting us
22. Complaints about our Service
22.1 We hope that you will not have any complaints about our Services however if you do have an issue please contact us and we will do our best to respond within 5 business days.
22.2 If you have a complaint about our organisation or the services we offer, we want to hear about it and we will do our best to put it right, whilst learning from the experience.
- Our Customer Complaints Procedure has the following goals:
- To deal with complaints fairly, efficiently and effectively;
- To ensure that all complaints are handled in a consistent manner throughout;
- To increase customer satisfaction;
- To use complaints constructively in the planning and improvement of all services.
22.3 If you have an issue:
- Many issues can be resolved informally. In the first instance contact our support team by email at email@example.com or call us (see contact page). If you know who you have spoken to previously, you may wish to ask to speak to them again.
- You can also ask to speak to a manager, they will always endeavour to rectify an issue or any other matter.
22.4 Making a formal complaint:
If you are still unhappy you can make a formal complaint. You need to send the complaint in a durable medium such as a letter by AusPost. Our contact details are:
Dream PC 2 Marita Street Morphett Vale SA 5162 Tel: (08) 8120 0234 Email: firstname.lastname@example.org
If you wish to complain by email, please indicate this by typing FORMAL COMPLAINT in the subject line so that your email is prioritised correctly.
When we receive your complaint we will acknowledge this by email to the account registered on our site and a task will be assigned to the complaints manager.
We will investigate and aim to reply within 5 working days, however in some circumstances this may be an update and not a final reply.
Our final reply will include a summary of the issue, our legal liability and will state what steps have already been offered/taken and if appropriate our plan to rectify the issue.
Last updated: 25/11/17