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Warranty & Returns

Refund and Returns Policy of Upfitter Pty Ltd ("Returns Policy")

1. General

(i) This Returns Policy applies to online purchases of Products from Upfitter via our online stores website (upfitter.com) or eBay (ebay.com.au/str/upfitteraustralia)

(ii) Definitions and phrases referred to in the Upfitter general terms and conditions (the Terms) apply to this Returns Policy.

(iii) To the extent there is a Non Excludable Term, the provisions of the Non Excludable Term shall prevail in relation to this Returns Policy, to the extent of that inconsistency.

(iv) Your rights to repair, replacement, refund, order cancellation or return are as set out in and are in accordance with the Terms, this Returns Policy, and to the extent applicable, any requirement proscribed by law.

(v) This Returns Policy applies in addition to and subject to your rights under the Australian Consumer Law (the ACL).

(vi) Before making a purchase, please read this Returns Policy so that you can understand your rights and what you can expect from us if you are not satisfied with your order.

2. Australian Consumer Law

(i) Under the ACL:

(a) Where you buy Products consisting only of goods, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(b) Where you buy Products consisting only of services, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

(c) Where you buy Products consisting of goods and services, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

    • to cancel your service contract with us; and
    • to a refund for the unused portion, or to compensation for its reduced value

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

(ii) If our Products have an express warranty that are over and above the guarantees referred to in the preceding sub clause, then the benefits provided to you by the warranty are in addition to other rights and remedies available to you under the law and you will be notified separately of the details about those express warranties. This notification will include information about:

(a) what Upfitter must do if goods are faulty or defective – for example, repair or replace the goods;
(b) what you must do to entitle you to claim the warranty – for example, cease using the goods when a fault arises or contact the Upfitter/Manufacturer and point to the defect;
(c) How to contact Upfitter concerning the warranty;
(d) the warranty periods;
(e) what you must do to claim under the warranty;
(f) whether Upfitter or you are responsible for expenses associated
(iii) This Returns Policy also contains some information as referred to in the preceding sub clause.3. Repair, Replacement, Refund, Order Cancellation Or Return Requests

(i) To be eligible for a repair, replacement, refund, order cancellation or return, you must provide proof of purchase to us;

(ii) You may be required to provide a government issued identification to qualify for a repair, replacement, refund, order cancellation or return request;

(iii) Your rights to a repair, replacement, refund, order cancellation or return are set out in this Returns Policy, the Terms and to the extent they are applicable, the law (including the ACL).

3. Minimum Voluntary Warranty Period Guide

Upfitter will provide a refund, replacement or repair in accordance with the Minimum Voluntary Warranty Guide set out below. This Guide sets out the minimum time periods Upfitter will offer you a refund, replacement or repair and your rights under the ACL may extend beyond these time periods.

Upfitter sells products from local and international manufacturers who offer various warranties in relation to their products. In many circumstances, these manufacturers may offer additional guarantees, even if the Upfitter warranty has expired. You may wish to contact the manufacturer rather than Upfitter, although you are not obliged to do so. If you are not satisfied with the manufacturer’s remedy in relation to your legal rights, contact us. 

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GREEN
– Customer is entitled to a refund or replacement.
BLUE– Customer is entitled to a repair or replacement.
RED– Customer is no longer entitled for refund, repair or replacement, however Upfitter Pty Ltd will assist the customer if they believe they are entitled to a remedy under Australian Consumer Law.  This Remedy may include working with the original manufacturer to make a claim for a replacement.

4. Repair, Replacement, Refund, Order Cancellation Or Return Requests

(i) To be eligible for a repair, replacement, refund, order cancellation or return, you must provide proof of purchase to us;

(ii) You may be required to provide a government issued identification to qualify for a repair, replacement, refund, order cancellation or return request;

(iii) Your rights to a repair, replacement, refund, order cancellation or return are set out in this Returns Policy, the Terms and to the extent they are applicable, the law (including the ACL).

5. Products Damaged During Delivery

(i) If the Product you ordered has been damaged during delivery then:

(a) You must contact us as soon as possible and include photos of the damage ;
(b) You must return any damaged Product to Upfitter in the condition in which it was received, together with any packaging and other items which you received with the damaged Product;
(c) We will arrange to repair or collect the damaged Product and replace it with an equivalent Product, or to refund you the purchase price, provided that you have contacted us within 14 from the date of receipt of the Product (or if a lesser period is proscribed by law, that lesser period).

6. Exceptions

(i) To the extent permitted by law, and subject to the Non Excludable Terms, we may refuse to allow a repair, replacement, refund, order cancellation or return request by you in relation to a Product purchased by you if:

(a) You misused the said Product in a way which caused the problem the subject of the request;
(b) you knew or were made aware of the problem(s) with the Product before you purchased it;
(c) If the Product consists of a service, where you asked for a service to be done in a certain manner, or you asked for services in the form of alterations to a Product, against our advice, or you were unclear about what you wanted.

7. Shipping Costs for Returns

(i) If a Product you have purchased fails to meet one or more Consumer Guarantees under the ACL or you have rights under a Non Excludable Term, we shall bear any cost of shipping the said Product (the Returned Product) back to us, as well as any cost of shipping any replacement Product to you.

(ii) If the Returned Product can easily be shipped or returned, then you are responsible for organising to have the Returned Product returned to us. If the Returned Product is eligible for a repair, replacement, refund, order cancellation or return under the terms of this Returns Policy, the ACL or a Non Excludable Term , then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

(iii) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and it is believed by you (acting reasonably) to be eligible for a repair, replacement, refund, order cancellation or return under the terms of this Returns Policy, the ACL or a Non Excludable Term, then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.

(iv) If we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it is established that you are not entitled to a repair, replacement, refund, order cancellation or return under this clause or the law, then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.

8. Response Time

We aim to process any requests for repair, replacement, refund, order cancellation or return within as soon as reasonably practicable, subject to any requirements by law.

9. How to Return Products

(i) Our contact details are at the end of this Policy and on the Website.

(ii) Where a refund is payable, it will be refunded in the same form as the original purchase or to the same account or credit card used to make the original purchase.

10. Contact Us

If you wish to speak to us about this Returns Policy or about any repair, replacement, refund, order cancellation or returns, please contact us at: sales@upfitter.com.au, or any other nominated contract details on the Website.