Terms of Sale
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Crestech Group Pty Ltd (ABN 13 644 894 397) (“Crestech Group”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from www.d2x.au or www.techwave.com.au. By placing an order for Goods from Crestech Group you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment, and delivery of Goods.
1. Definitions
In these Terms and Conditions:
“Account” means a personal account created by you on the D2X Website (www.d2x.au) or Techwave Website (www.techwave.com.au);
“Additional Delivery Charge” has the meaning given in Section 4.4;
“Delivery Charge” has the meaning given in Section 4.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“Website” means www.d2x.au or www.techwave.com.au (as applicable).
“Techwave Website” means www.techwave.com.au;
“D2X Website” means www.d2x.au;
“Distribution Centre” means a Crestech Group distribution centre open to the public for pre-arranged pre-paid order collections;
“Home Delivery” means a Delivery Option where the Goods to be delivered are “big and bulky” goods;
“International Delivery Charges” has the meaning given in Section 4.5;
“On Demand Delivery” means a Delivery Option where the Order is delivered to you on the same day as you place the Order, or within a selected time period;
“Order” means an order for Goods, placed on the D2X Website or on the Techwave Website;
“Parcel Delivery” means a Delivery Option where the Order is delivered to you by our courier but is not a Home Delivery or On Demand Delivery;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g., computer game, console game, mobile phones etc.) prior to the official release date of that product;
“Premises” means the premises specified by you for delivery;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; and
“Selected Delivery Option” has the meaning given in Section 10.1.
2. Your Legal Rights Under the Consumer Guarantees Provided by the Australian Consumer Law
2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.
2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Crestech Group for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and:
(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request Crestech Group remedy the failure within a reasonable time and if Crestech Group fails to do so (by repairing the goods, replacing the goods or providing you with a refund);
(i) you may recover all reasonable costs you incur in having the failure remedied;
(ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from Crestech Group; or
(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and Crestech Group for the supply of the service or recover from Crestech Group compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request Crestech Group to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from Crestech Group all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Crestech Group for the provision of the service.
3. Information about Crestech Group’s liability to you and your liability to Crestech Group
3.1. Save as otherwise provided by the consumer guarantees under the Australian Consumer Law or Section 3.2:
(a) neither party shall be liable to the other or any other person for the following losses arising from, or in connection with the matters in these Terms and Conditions: (i) loss of profits; (ii) loss of revenue; (iii) loss of anticipated savings; (iv) loss of business opportunity; (v) loss of goodwill; (vi) loss of reputation; (vii) loss of data; (vii) consequential, indirect or incidental loss; (viii) special loss; (ix) punitive or exemplary damages; (x) economic loss or damages of any nature or description; (xi) any property damage, injury or death; and
(b) Crestech Group shall not be liable to you for the following direct or indirect losses: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Crestech Group; (iii) your Order information being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by Crestech Group; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of Crestech Group; (vi) cancellation of your Order; (vii) the availability of any Goods; (viii) delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store beyond the reasonable control of Crestech Group; (ix) any delay in you receiving any refund due to you; (x) any third party interference; (xi) any late, lost or misdirected deliveries of Goods beyond the reasonable control of Crestech Group; or (xii) any loss, damage, cost or expense suffered as a direct or indirect result of Crestech Group leaving the Goods in accordance with any “authority to leave” given by you,
whether such losses arise in contract, tort, under statute or regulation, or under any other legal cause or action, claim or right.
3.2. If Crestech Group, its contractors, sub-contractors or employees suffers any reasonably foreseeable loss, damage, cost or expense as a result of your failure to comply with these terms and conditions, or any unauthorised use of your Password or Account which takes place before you notify Crestech Group then you must pay Crestech Group the amount of that loss, damage, cost or expense if Crestech Group asks you to and the exclusions in Section 3.1(a) will not apply.
4. Pricing & Taxes
4.1 Prices for Goods are as shown on the Website in Australian Dollars (AUD).
4.2 Crestech Group reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Crestech Group.
4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Crestech Group will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Crestech Group will cancel your Order. Crestech Group will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
4.5 If Crestech Group agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
5. Your Account for Orders Placed on the Website
5.1 If you do not already have an Account you will need to create one before placing an Order on the Website, unless you utilise the “Guest Checkout” feature of the Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.
5.2 Please note that when you check out as a guest on the Website or when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUBSCRIBE” to the mobile number in the SMS you receive.
5.3 You may not set up an Account for someone else.
5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to Crestech Group that all information provided by you in relation to your Account is complete, true and accurate.
5.5 You must notify Crestech Group immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
5.6 Crestech Group may, in its sole discretion, terminate your Account or your use of the Website at any time without notice and for any reason whatsoever. Crestech Group reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice for any reason whatsoever.
6. Placing Orders
6.1 You can place an Order by following the instructions on the Website.
6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Crestech Group may accept or reject your offer in its absolute discretion. In particular, but without limitation, Crestech Group may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact support.b2b@d2x.au for D2X Communications or support.b2b@techwave.com.au for Techwave.
6.3 Each Order that you place will, if accepted by Crestech Group, be a separate and binding agreement between you and Crestech Group with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Crestech Group with their personal information and, by placing an Order, you confirm to Crestech Group that you have done this.
6.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Crestech Group that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
6.6 For “CresFrenzy” Goods, a limit of one per customer applies.
6.7 Please ensure that you enter all information carefully when placing an Order. You warrant to Crestech Group that all information provided by you in relation to each Order is complete, true and accurate.
6.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Crestech Group. Crestech Group will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
6.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Crestech Group will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Crestech Group, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Crestech Group cannot consolidate separate Orders into one delivery.
6.11 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g. a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
6.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Crestech Group.
6.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
7. After You Have Submitted an Order/Payment
7.1 When you submit an Order you will receive an Order reference number via e-mail.
7.2 Crestech Group will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Crestech Group when Crestech Group does this, however, Crestech Group may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Crestech Group cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.
7.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Crestech Group Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.
7.4 When Crestech Group accepts an Order it represents an agreement by Crestech Group to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
7.5 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account, Crestech Group Gift Card or any interest free plan available on the Website. When you place an Order on the D2X Website or Techwave Website, you may also pay for those Goods using one of the following other payment methods: Klarna (subject to Klarna’s Terms & Conditions), PayPal (subject to PayPal’s Terms & Conditions). However, you may not use these payment methods to pay for Gift Cards or any other third party gift cards/vouchers.
7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Crestech Group may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise Crestech Group to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.
7.7 Crestech Group reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
7.8 Crestech Group may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, Crestech Group reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
7.9 When you submit an Order, Crestech Group may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account, or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.
7.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected, and we will notify you by email.
8. Cancellation of Orders
8.1 Crestech Group reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Crestech Group may do this for example, but without limitation, where:
(a) Crestech Group’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Crestech Group’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that Crestech Group is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Crestech Group to cancel your Order in accordance with section 6.8; or
(e) in the circumstances set out in Sections 4.4 or 7.8.
8.2 You may cancel your Order where Crestech Group:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Crestech Group’s control including the situations set out in Sections 8.1(a) and (b) above.
8.3 Where Crestech Group cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
8.4 In the event of Crestech Group or you cancelling your Order after payment has been processed, Crestech Group will refund any money paid in respect of that Order. Section 15 of these Terms and Conditions sets out further information about refunds.
8.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Crestech Group will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9. Availability of Goods/Refurbished Stock
9.1 As Crestech Group is dependent upon its suppliers to provide stock, Crestech Group cannot always guarantee stock availability. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Crestech Group reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Crestech Group is unable to fulfil your Order, you will be notified as soon as possible.
9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
10. Delivery
10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Crestech Group will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out-of-stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
10.3 Goods will generally only be delivered to addresses within Australia. Crestech Group is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Crestech Group may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
10.4 Following dispatch of your Goods, Crestech Group will email you with confirmation of dispatch and an invoice for your Order.
Parcel Delivery
10.5 Where requested, Crestech Group will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Crestech Group will call you to arrange an alternative delivery address.
10.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots;
(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;
(c) take your Goods to a Crestech Group nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(d) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.
10.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Crestech Group will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
Pre-Orders
10.8 Crestech Group’s arrangements with its suppliers means that Crestech Group is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:
(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or
(b) within 7 days prior to the official release date may only be despatched on or after the official release date. If you have chosen to pick up those Goods in store, the Goods may only be available to pick up at your nominated collection store after the release date.
11. Click & Collect
11.1 Many Goods can be picked up from a Crestech Group store, or where the Goods are “big and bulky”, from a Distribution Centre, rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store or from a Distribution Centre.
11.2 Only the person who placed the relevant Order may pick-up the Goods ordered in-store or from a Distribution Centre, unless that person nominates another person to pick-up the Goods on his or her behalf. Where the Goods being picked-up include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.
11.3 If you choose to pick up your Order in-store, your Order should be available for pick up in-store or at a Distribution Centre:
- 2 hours after your Order has been confirmed if your Order is confirmed more than 2 hours before the close of trading hours for the nominated collection store; or
- the next business day if your Order is confirmed less than 2 hours before the close of trading hours for the nominated collection store.
11.4 If you choose to pick up your Goods from a Distribution Centre, your Order should be available for pick up from the Distribution Centre any time after you place your Order during the Distribution Centre’s opening hours. Collection of your Order may take up to twenty minutes at busy times.
11.5 When picking up Goods in-store or at a Distribution Centre:
(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence or passport) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow Crestech Group to take a copy of this identification for fraud prevention purposes. The copy will not be used by Crestech Group for any other purpose or disclosed to any person outside of Crestech Group
(b) Crestech Group staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that Crestech Group has sent to you confirming that the stock is available for pick-up; and
(d) Crestech Group staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event Crestech Group will contact the person who placed the Order using the contact details provided.
- When picking up “big and bulky” Goods at a Distribution Centre or in-store:
- you must ensure your vehicle is appropriate for transporting your Goods. The law requires that the Goods are adequately restrained so you should bring appropriate restraints to safely secure your load;
- your Order confirmation must be presented for collection, and you will be asked to sign that you have received your Goods in good condition;
- manufacturers usually recommend that TVs & whitegoods are transported upright to avoid damage. Crestech Group accepts no responsibility for any loss, damage or liability suffered by you due to the way in which the Goods are loaded or transported by you. Crestech Group team members may help to load Goods if requested and they believe it is safe to do so, and may provide suggestions to you as to ways to transport your Goods in order to avoid damage. However, you are entirely responsible for ensuring that the Goods are loaded and transported in accordance with relevant road traffic/safety laws and in a way which does not result in damage to the Goods;
- Crestech Group does not provide forklifts when loading and will not assist with roof top loading;
- if you have any concerns about picking-up your Goods, please call your store to arrange delivery.
son who placed the Order using the contact details provided.
12. Delay in Availability or Delivery of Goods
12.1 You agree and acknowledge that:
(a) Crestech Group does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 10 and 11 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by Crestech Group or any of its staff;
(b) stock availability and events outside Crestech Group’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store or at a Distribution Centre;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Crestech Group nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13. Gift Cards
13.1 The terms and conditions for Crestech Group gift cards can be found here.
14. Refunds of Your Money
14.1 Where Crestech Group is obliged to refund your payment pursuant to these Terms and Conditions, Crestech Group aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 10am to 6pm Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a Crestech Group gift card, the applicable refund will be processed back onto the Crestech Group gift card. Please note that if Crestech Group is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
15. Returns/Faulty or Damaged Goods
15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case, you should contact us as soon as possible.
15.2 If you have a problem with any Goods or otherwise wish to return them please refer to Crestech Group’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Crestech Group store, you can also contact us. If you are returning unused and unopened Goods due to change of mind in accordance with our policies:
(a) you should return the Goods to your nearest Crestech Group store or the store from which you collected the Goods;
(b) we will not refund the Delivery Charges and you must pay for us to pick up the Goods if you are unable to return them to store due to size.
If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund the Delivery Charge, and you must pay for us to pick up the goods and we will apply a restocking fee up to 40% of the original purchase price.
15.3 When returning Goods:
(a) please provide Crestech Group with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
(c) you must also return any Bonus Offers included with the original purchase; and
(d) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by Crestech Group.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
15.4 You may not be entitled to a refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
16. Privacy and Marketing
16.1 Crestech Group policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. You should read this policy before providing any personal information to Crestech Group. By providing the personal information requested, you agree to this policy.
16.2 Please note that when you make an online purchase on the Website or when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUBSCRIBE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Data Privacy Officer, Crestech Group Pty Ltd, either by email to support@d2x.au for D2X Communications, support@techwave.com.au for Techwave, or by pre-paid post to Level 9, 123 Epping Rd, Macquarie Park NSW 2113.
17. Additional Terms and Conditions
17.1 Your use of the Website is governed by the Website Terms of Use.
17.2 Crestech Group reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
17.3 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.4 These Terms and Conditions are governed by the laws of New South Wales, Australia.