Terms of Service
Last Updated: 10 Jan 2018
The terms 'We', 'Marketplace', 'the Site' and 'Marketplace.org.au' refer to the trading entity 'Marketplace' and its online storefront.
The term 'the buyer' refers to any legal entity purchasing from Marketplace in accordance with the below terms.
The term 'carrier service' refers to any third-party or contracted delivery service used to delivery goods to the buyer.
These Terms of Service shall override any terms detailed in any order, or any terms provided verbally by a representative of Marketplace. Only the most recent publicly available version of these terms will apply to all matters relating to our provision of services. These terms of service contain important information about ordering, processing, fulfilment and delivery of goods, plus limitations of liability which may affect the buyer.
By visiting our website or placing an order, the buyer agrees to these Terms of Service, which constitutes a legally binding agreement for the supply of goods. The buyer must:
- be of legal age (18+) to enter into such an agreement
- provide all the necessary details for order fulfilment
- provide proof of identity if requested
Marketplace is not liable for any costs or damages incurred as a result (direct or indirect) of the buyer not complying with these requirements.
Copyright and Trademark Ownership Notice
The Marketplace logo, including all related icons, mascots & artworks are properties of Marketplace (also referred to as 'Marketplace.org.au') and its parent companies. All other marks, names, and logos mentioned herein are the property of their respective owners.
All brands & images appearing on this Site including graphics, text, design, buttons, logos, images, and icons, as well as the selection, assembly, and arrangement, are the property of their respective owners. The content on this Site is only for the purpose of shopping and ordering on this Site and for no other purpose. Any other use, including modification, reproduction, reverse-engineering, uploading, posting, transmission, or distribution in any form or by any means without Marketplace's prior written permission, is strictly prohibited.
All rights not expressly granted herein are reserved.
Disclaimer and Limitation of Liability
This site is provided by Marketplace on an as-is basis. Marketplace makes no representations or warranties of any kind, express or implied, as to the operation of this site, the information, content, materials or products detailed or included on this site. To the full extent permissible by applicable law, Marketplace disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Marketplace will not be liable for any damages of any kind arising from the use of this site or the products provided at the buyers request, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Any material downloaded or otherwise obtained through the use of this site is done at the buyers own discretion and risk. The buyer will be solely responsible for any damage to a computer system or loss of data that results from the access or download of any such material. No advice or information, whether oral or written, obtained by the buyer from Marketplace or its employees or representatives will create any warranty not expressly provisioned in these terms.
Once goods have been delivered to the buyer, or delivered in accordance with their instructions, the buyer assumes all risks and liabilities in relation to the installation and operation of the goods, in additional to all responsibilities regarding the safety and ownership rights of the goods.
In the event of a confirmed product fault covered by warranty, Marketplace is liable only for the cost of the faulty goods up to their individually invoiced values. Shipping costs are not covered under warranty or returns policies as outlined on those policies individual pages. Please see our Warranty & Returns page(s) for more information.
Errors & Omissions
In the event a product price is listed incorrectly due to typographical error, error in pricing information received from our vendors, or by computer malfunction, Marketplace shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, regardless of whether the order has been confirmed and/or full payment received. If the buyer's credit card is charged for an invalid purchase and the order is cancelled, Marketplace will credit the original credit card account in the amount of the incorrect value only. The buyers assistance may be required to facilitate a refund as credit card information in not stored by Marketplace.
Prices may be changed at any time and without notice.
Prices are exclusive of shipping charges.
Information, Descriptions and other Content
Marketplace's Site contains information, advice, text, and other materials that are provided for the buyers convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Marketplace makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.
Data relating to the specifications of a product may change at any time. Weights, Dimensions, Capacities and version information are approximate. Cable plug style may vary or change at any time.
Marketplace endeavours to ensure all information is present and correct to assist the buyer with making an informed purchasing decision, but it the responsibility of the buyer to ensure that their purchases are fit for purpose and compatible with any relevant existing hardware. Failure of the buyer to verify a products compatibility with the buyers express requirements before purchase does not constitute a product defect and is not covered under warranty. Please see our returns policy for more details.
All photography and images provided on Marketplace.org.au are for illustrative purposes only any may not represent stock on hand.
Marketplace maintains a strong emphasis on accurate representation of all its products. However, changes to colours, materials, design and styling may occur at any time and/or outside of our control. Marketplace does not guarantee that all products will exactly match their photograph for the purposes of colour, materials, design or styling, but maintain that they will be fit for purpose at all times and meet or exceed their listed technical specifications.
In all circumstances where cable/plug colour, material, styling or design is critical to a customers intended application, we encourage direct contact with a Marketplace representative to ensure that photos currently available remain accurate to the stock on hand.
At no time will a difference in colour, material, styling or design which does not impact the fitness for use of the product be accepted as grounds for a product return or refund.
These terms of service and the conditions herein pertain only to orders made via www.Marketplace.org.au, via our phone service, or in-store. Any orders made outside of these channels will not be recognised by Marketplace and claims against them will not be acknowledged. Please be wary of phishing scams and 'copy-cat' retailers who may masquerade as Marketplace, a subsidiary of Marketplace, or represent themselves in such a manner as to confuse themselves with our branding, website or trading entity.
Marketplace is not present on eBay, nor do we sell goods through their services or website.
Discretion of Rejection
The buyer's receipt of an electronic or other form of order confirmation does not signify acceptance of an order, nor does it constitute confirmation of an offer to sell. Marketplace reserves the right at any time after receipt of an order to decline that order for any reason. We may require additional verification or information before accepting any order. If verification of identity is not adequately provided, the order will be cancelled under suspect of fraud.
A legally binding contract is formed between Marketplace and the buyer only once the goods have been dispatched. Prior to dispatch, all goods remain the property of Marketplace.
Availability & Order Fulfilment
Marketplace reserves the right, at any time after receipt of an order and without prior notice to the buyer, to supply less than the quantity ordered of any item in the event of unforseen short supply. In the event of a short-supply, you will be contacted and any relevant funds will be reimbursed in accordance with any balance in credit left after part-fulfilment or cancellation.
Once an order is received, paid in full, accepted by Marketplace and processed for fulfilment, we will endeavour to dispatch that order within one business day or according to our same-business-day policy where applicable. If we are unable to dispatch an order due to unforseen circumstances or limitations of service from third-party vendors, and the estimated time of delivery will be affected by a delay in dispatch, we will contact the buyer and advise the buyer of the expected dispatch time.
Marketplace reserves the right to ship goods by the most economical means available in accordance with the shipping method paid for by the buyer. This may include alternate carrier services or multiple instalments. If an order is shipped in separate consignments or multiple instalments and a part of that order fails to be delivered, the buyer is not entitled to a cancellation of their purchasing contract. Lost or misdirected partial shipments will be replaced only after suitable time is given for Marketplace to complete an investigation with the carrier service.
Marketplace offers a service whereby the buyer can specify delivery instructions which may absolve the carrier service of all or part of their responsibility to secure delivery confirmation. Marketplace will not be liable for any order, or delivery of order, that is delivered in accordance with the buyer's delivery instructions. Circumvention of signature on delivery requirements will void any and all insurance cover.
Marketplace shall not be liable for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller's reasonable control. Delays in delivery may occur at any time for reasons outside of our control or our carrier service's control (for example, Acts of God), and the buyer may not hold Marketplace liable for any losses relating to such a delay.
Warranties and Returns
All warranties are on Return To Base condition, requiring goods under warranty to be sent back to Marketplace for repair, replacement or refund. Marketplace is not liable for the postage, freight or shipping costs involved with returning goods under warranty.
Warranty coverage periods are specified on a per-product basis. Consult the individual product pages for information on applicable warranty periods.All passive* cables and adapters are covered by a 5-Year warranty provided for by Marketplace under the terms of replacement, repair or refund as outlined in the Warranty and Returns policy page. All other items carry a minimum of 12 months manufacturer's warranty, or other warranties as specified on their respective product pages.
If the manufacturer's warranty of a product exceeds the warranty expressly offered by Marketplace the buyer must direct all warranty claims to the manufacturer directly once the Marketplace warranty period has elapsed.
Free Gift Promotion Terms and Conditions
Marketplace regularly runs promotions and/or 'giveaways' where a catalogue product or non-catalogue special item may be included free with a purchase. These promotions generally fall into two categories: One where there is a minimum-spend to qualify to receive a free gift, and events where a gift is included with an order without appearing on the invoice.
For all occasions where a product is included with an order without appearing on the invoice, that item is not subject to any warranty or return requirements on behalf of the customer or Marketplace.
For all occasions where a product is included with an order and appears on the invoice (even with a $0.00 value) AND the promotion conditions required a minimum-spend to qualify for the free gift, the free product may be requested back as a part of a return claim. In the event that all or part of an order containing a free gift item is to be returned to Marketplace for refund, exchange or store credit, the free gift must be included at the request of a Marketplace customer service representative in order for the return to meet the requirements for the claim to be conducted to the full extent possible.
Customers may not keep free gifts when a return, exchange or other related warranty claim will reduce the total order value of the invoice in question below the minimum-spend payment threshold which qualified the order to receive the gift initially. If a customer cannot provide the free gift as a part of the returns process when requested, full cash refunds will not be made available and other limitations may be placed when conducting the claim.
Marketplace is required by law to collect 10% goods and service tax (GST) on behalf of the Australian Taxation Office. All of the prices listed online for goods and services (including shipping) are inclusive of GST.
Marketplace may allow users of this Site to post reviews, faqs, comments, content, relating to products featured on the Site. By submitting such Content, you automatically attest that all content is accurate and original and that, without any particular time limit, and without the payment of any fees, Marketplace and anyone Marketplace permits may reproduce, display, distribute and create new works of authorship in any media, based on and including the Content. Additionally, you grant Marketplace the right to use the name you submit in connection with such Content.
No Endorsement of User Content
Users to this Site are prohibited from posting through this Site any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that Marketplace does not endorse or pre-screen content, but that Marketplace and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via this Site.
Gift Vouchers, Discount Codes and Store Credits
Our returns policy does not cover any voucher code, discount code or store credit code. Codes of this nature are non-refundable and non-transferable and cannot be exchanged or redeemed against another code of any type. Unless specified otherwise, codes are valid for one use in a single transaction towards a single order. Any partial credit remaining after a code is redeemed will be forfeited.
Marketplace cannot replace a lost or stolen code once it has been received.
In the case of store credit only, Marketplace may elect to grant a partial redemption, but only when a partial-credit purchase is conducted via phone.
If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
A failure or delay by Marketplace in exercising a right or policy under these terms of service does not constitute a waiver of that right or policy.
Marketplace employees and representatives do not have the authority to modify or circumvent the Terms of Service as they pertain to sales, warranties, returns or limitation of liabilities.