Terms Of Use
Terms & Conditions
About The Terms And Conditions In these Terms and Conditions "we" and "us" mean TVP Direct PO Box 7191, Alexandria, NSW 2015 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity to Transact
If you are under the age eighteen (18) years you can not place orders with TVP Direct.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should TVP Direct suffer any damage or other losses as a result of a transaction entered into by a minor, TVP Direct reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with TVP Direct.
Placing Your Order
You may place an Order by filling in the Order Form on the TVP Direct Web Site and clicking the "Submit” button.
When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order to purchase the Products you have selected, based on these Terms and Conditions.
Until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud.
TVP Direct reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods and Processing
TVP Direct accepts Visa, MasterCard, and American Express only.
Payment processing will not begin until we receive all the information we need.
Please Note:
We are unable to accept credit cards issued by banks outside of Australia.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
All TVP Direct purchases are subject to GST.
Prices
TVP Direct reserves the right to change prices for Products displayed at TVP Direct at any time without prior notice.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order.
Delivery of Your Products
Products will be shipped within 28 working days from the date your payment is received.
TVP Direct makes every effort to deliver your Product according to the estimated delivery times provided by TVP Direct. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at tvp@tvpdirect.com.au
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
Title and risk of loss to all Products will pass to you on delivery.
"Refunded Credits"
Under the TVP Direct Limited Warranty we may credit "Your Account" with a Refund Credit from time to time. TVP Direct will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product".
Your Rights to Return a Product
TVP Direct offers a 30 day satisfaction money back guarantee, however you must pay the freight for return. All goods returned within the 30 days period from date of purchase must be received in a resalable condition and in its original packaging.
Dead on Arrival Products - "DOA"
A TVP Direct Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
A TVP Direct Customer Service member will provisionally determine whether the Product is DOA. Where a Product is provisionally determined as DOA we will arrange to replace the Product.
Where TVP Direct has provisionally determined that a Product is DOA, return shipping will be arranged at the expense of TVP Direct.
If the Product is deemed by Customer Services NOT to be DOA, TVP Direct may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
TVP Direct reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by the customer, TVP Direct will impose a $25 handling and administration fee.
Product Problems after Delivery
If your item arrives DOA (Dead on Arrival) or you find a defect arises after delivery and a valid claim is received by Customer Service within 30 days of purchase, TVP Direct will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 30 day period customer service management will consider each claim on a case by case basis on its merits.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product unless it is out of stock.
Replacement Products are provided with the same Warranty as the returned Product.
When a Replacement Product is arranged:
A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned the Product.
The delivery time for the replacement Product will be the same as stated for the original Product.
Replacement Products are provided with the same Limited Warranty.
When a Refund is arranged:
No refund will be given to you until TVP Direct has received the Product from you.
Refunds will be issued by cheque or a credited to "Your credit card Account"
Our Liability
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.
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.
Your Data - Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order 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 TVP Direct Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other TVP Direct Products, you should indicate your non-agreement on the appropriate section of your Order Form. 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.
Credit Card Fraud
TVP Direct will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of TVP Direct. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in TVP Direct for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option TVP Direct, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
TVP Direct reserves the right to change the Terms and Conditions of sale at any time.
Force Majuro
TVP Direct shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of TVP Direct, and TVP Direct shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.