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HyperReality Terms and Conditions of Sale

2003-2017 HyperReality. All rights reserved.

PLEASE READ OUR TERMS AND CONDITIONS OF SALE VERY CAREFULLY


Please also read the Conditions of Use of this web site (the "Web Site").

By purchasing products from HyperReality (ABN 19 390 894 257) you agree to be bound by the Terms and Conditions (the "Terms And Conditions") of Sale as detailed below.

General

These Terms and Conditions apply to the sale of goods by HyperReality (ABN 19 390 894 257) ("Vendor") and all offers made by the Vendor in relation to the Vendor's goods unless varied, amended or cancelled by an Officer or other duly authorised representative of the Vendor in writing.

The Buyer of goods from the Vendor is deemed to have accepted the terms and conditions contained herein by placing an order with the Vendor.

The Vendor's failure to object to any term or condition contained in any communication, whether written or oral, from the Buyer, shall not mean those conditions/terms are accepted.

Pricing Policy

All prices quoted, verbally, written, or from this web site are inclusive of GST and are ex warehouse, unless explicitly stated otherwise.

When the Vendor offers a per unit discount for simultaneous purchase of multiple items in an order, the number of items is counted from each single, unique order in isolation. No discount is given if the total number of items across multiple orders exceeds the threshold at which a discount would apply, but the total number of items in each separate order does not exceed the discount threshold.

The purchase price for the goods shall be at the Vendor's List prices as at the date of order. Prices are subject to change without notice. For all prices, products and offers, the Vendor reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

Any errors on the invoice or in delivery must be notified to the Vendor within ten (10) days of invoice. No credits for overcharges or returned stock shall be accepted outside these terms.

Product Information Disclaimer

While the Vendor uses reasonable efforts to include accurate and up-to-date information on its Web Site, the Vendor makes no warranties or representations as to the Web Site's accuracy. The Vendor assumes no liability or responsibility for any errors or omissions in the content on the Web Site.

The Buyer should contact the product manufacturer for any further details on the product before purchase if they are unsure of any information presented on our Web Site.

The Vendor does not guarantee product compatibility.

Acceptance of Orders

Orders are not binding upon the Vendor until accepted by the Vendor by email or in writing. Placement of an order by the Buyer using the Vendor's Web Site ordering system does not constitute acceptance of the order by the Vendor.

An order may be rejected by the Vendor at its discretion.

Payment

All payments are strictly 'Cash Before Delivery', either by deposit to a specified HyperReality bank account, or approved credit card payment, unless otherwise arranged and agreed in writing.

A surcharge may apply for payment by credit or debit card.

HyperReality reserves the right to decline any payment that is believed to be fraudulent.

Cheques returned by the bank either as dishonoured or for representation shall attract a fee of Twenty dollars ($20.00) each time.

The contract will be deemed as active once payment has been received by the Vendor.

Goods will be delivered only once the payment has cleared into the specified HyperReality bank account.

Reservation of Title

It is expressly agreed and declared that the title of the subject goods/product shall not pass to the Buyer until full payment is received by the Vendor and the funds have cleared.

Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the customer under which the goods were delivered.

Delivery

Subject to stock availability and in accordance with the payment conditions outlined above, orders shall be dispatched within two (2) business days after the clearance of payment into the specified HyperReality bank account, or approval of the credit card transaction.

All freight costs will be borne by the purchaser and are not refundable. These costs may include insurance, import and export duties, and any other fees or charges imposed by government agencies or officials.

The Vendor is responsible for any loss or damage to the goods that occurs in transit when the goods are being delivered by Fastway Couriers, Toll IPEC Couriers, or Australia Post Registered Parcel Post service, provided that the Buyer does not accept the damaged goods from the freight carrier.

Where a Fastway Couriers "Authority To Leave" form has been provided and signed by the Buyer, the Buyer is considered to have accepted delivery of the goods once the goods have been delivered to the delivery address, even if the goods are left without obtaining a signature from the Buyer or other person at the delivery address.

Once the Buyer accepts delivery of the goods from the freight carrier, then the Vendor shall no longer be liable for any damage to the goods that has occurred in transit.

The Buyer is responsible for any loss or damage to the goods that occurs in transit when the goods are being delivered by Australia Post Express Post, or by any other means of delivery.

Goods lost or damaged in transit are not covered by the manufacturer's warranty or any other warranty.

The Vendor shall not be liable for any losses, costs, damages, or other expenses incurred directly or indirectly as the result of the Vendor failing to dispatch the goods in the dispatch timeframe detailed above, or as the result of the freight carrier used for delivery failing to meet any estimated or quoted delivery deadline.

The Vendor must be notified of any change of address of the Buyer prior to the goods being dispatched for delivery. Non arrival or incorrect delivery of goods, and/or the cost of return and/or redelivery of goods, as the result of a failure of the Buyer to notify the Vendor of a change of address, or due to the Buyer providing an incorrect address, are the responsibility of the Buyer.

Payment of any redelivery fee that is imposed by the freight carrier as a result of no authorised person being at the delivery address at the time of delivery to accept the delivery, is the responsibility of the Buyer.

Warranty

All hardware devices we sell come standard with a twelve (12) month manufacturer's return to base warranty unless otherwise stated. All warranties become effective from the date of invoice, are granted to the initial end-user only, and are non-transferable.

Software faults, firmware faults, and/or subscription data service unavailability, are not covered under warranty. The Vendor shall not be liable for the any failure of provision of subscription services provided by third parties.

If goods are under warranty, repair or replacement of the item shall be at the Vendor's discretion.

Goods returned under warranty must be accompanied by all manuals, accessories, software, and any other items included with the original shipment.

Goods returned for under warranty will be accepted under the terms of the warranty agreement as stipulated by the manufacturer, and are accepted subject to inspection by the manufacturer and/or the authorised repair agent.

The Vendor and the manufacturer will not cover under warranty any item that has been misused, mishandled, returned inadequately packaged, or is malfunctioning as the result of abnormal or illegal use. The removal of any serial numbers, factor seals and/or warranty stickers, or opening of the device case, will void warranty.

The Vendor will not repair or replace under warranty any damage caused by operation outside of designed working and storage environments, power surges, fluctuations and interference, lightning, and external peripheral devices.

If the Vendor or manufacturer determines that the failure of the goods returned under warranty was not the result of a defect in materials or workmanship, then the Vendor reserves the right to charge the Buyer for parts and labour at the Vendor's current labour rate. A minimum charge of $15 will apply to goods returned for warranty when no fault is found, and the Buyer shall be responsible for the costs of shipping and handling for return of the goods to them.

Temporary replacement goods will not be supplied by the Vendor.

Where goods are returned under warranty and a fault is found, shipping and handling charges for delivery of goods repaired or replaced under warranty shall be borne by the Vendor.

Return of Non-Defective Goods

Sale of software or subscription services provided via licence keys, license key generation tokens, prepaid subscription cards and codes, and/or any electronic means, are final, and these goods are non-returnable. Packaged software is non-returnable if opened.

Non defective goods, that are not "Special Order" items, may be returned for credit within ten (10) days of the invoice date. Goods supplied on "Special Order" are not returnable unless faulty. We will notify you prior to completion of the sale if a product is a "Special Order" item. Shipping charges are not refundable.

Goods must be returned in resaleable condition, be returned in their original packaging including any manuals, blank warranty cards, accessories, and any other documentation included with the original shipment. A credit will be issued against future purchases, or payment for the goods refunded, at the discretion of the Vendor.

No returns of non-defective goods will be accepted after ten (10) days of the invoice date. A restocking fee of 15% of the purchase cost applies to the return of all non-defective goods. Any used, missing or damaged products, components, or accompanying items shall result in rejection of the returned goods or an additional restocking fee at the Vendor's discretion.

Terms and Conditions for Returns of Goods for Credit or Under Warranty

No returns will be accepted without prior authorisation and without a Return Authorisation ("RA") number issued by the Vendor. RA numbers are valid for seven (7) days from the date of issue and cannot be extended or reissued. The delivery destination for returned goods will be provided by the Vendor when an RA number is issued.

All returned goods must be accompanied by a copy of the original invoice.

The Buyer is responsible for any shipping charges and risk of loss or damage on all return shipments. The Vendor highly recommends that the Buyer uses a reputable shipping carrier capable of providing proof of delivery, and that the Buyer fully insures the return shipment.

When goods are returned for credit or returned under warranty, and cannot be repaired or replaced, credit will be issued against future purchases, or payment for the goods refunded, at the discretion of the Vendor. Shipping charges are not refundable.

The Vendor will not accept for return any goods that are damaged in transit, not properly packaged, or if the RA number is not clearly visible on the outside of the packaging.

Offers

From time-to-time the Vendor may offer discounts or concessions on its products or the products it sells. The Vendor reserves the right to cancel any or all of the offers and concessions without notice, or to withdraw or limit their use by a specific individual or individuals.

Force Majeure

The Vendor will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought, fire, legislation or other cause beyond the Vendor's reasonable control. This does not affect your statutory rights. If the Vendor chooses not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.

Disclaimer

IN NO EVENT SHALL HyperReality BE LIABLE FOR ANY DAMAGES CAUSED BY ANY PRODUCT OR SERVICE OR THE FAILURE OF SUCH PRODUCT OR SERVICE TO PERFORM, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. HyperReality HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CONFORMITY TO MODELS OR SAMPLES. HyperReality is not liable for any claim made by a third party or made by you for a third party.

Governing Law and Jurisdiction

Any purchase of goods from the Vendor shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Those who choose to purchase from HyperReality from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Questions or Complaints

If you have any questions or complaints regarding the company, these can be addressed to the HyperReality Customer Services Manager. The Vendor will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate.

Details of the specification, price and arrangements for payment of the goods are available on the Vendor's web site, in othe Vendor's publications and will also be provided on invoices despatched with order. Upon request the Vendor will, when possible, send a quote by fax or mail detailing specifications, and customers may wish to print out copies of web orders for their records.

Updates to Terms and Conditions of Sale

HyperReality may at any time revise these Terms and Conditions of Sale by updating this document.

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