Terms of service
WHAT THE THOCK TERMS OF SERVICE
In these terms & conditions (“Terms & Conditions“), “we”, “us” or “our” means WHAT THE THOCK. By using this website, you agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you must refrain from using this website or making a purchase from this website.
We may from time to time amend, update or change our website, including these Terms & Conditions, at any time. Amendments will come into effect from the date they are published on this website.
Copyright:
The content on our website is protected by copyright. You may use our website only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish, or distribute the content on our website without obtaining our prior written consent.
Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
Hyperlinks:
We make no representations about websites accessed through this site which are not maintained, controlled, or created by us. We do not endorse these sites and are not responsible for their content.
Links to, or framing of, external sites should not be construed as an endorsement, approval, recommendation, or preference by us of the owners or operators of the external sites, or for any information, products, or services referred to on the external sites unless expressly indicated on this website.
Liability:
Information on this site is provided “as is” without warranty of any kind. Information on this website may contain typographical errors, technical inaccuracies, or other errors and may be changed at any time without notice.
We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice.
Disclaimer:
We are not liable for any loss suffered in connection with the use of this website or a linked website.
Photographs are illustrative only and may vary from the products described or offered for sale on our website.
To the extent permitted by law, we do not accept responsibility for any loss or damage which you may suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on the content contained on or accessed through this website.
To the extent permitted by law, any condition, warranty, or guarantee which would otherwise be implied into these Terms & Conditions is hereby excluded.
Nothing in these Terms & Conditions excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which you may have under the Australian Consumer Law or any similar law which cannot be excluded, restricted, or modified. To the fullest extent permitted by law, our liability to you for a breach of a non-excludable right is limited, at our sole discretion, to the resupply of the products again or the payment of the cost of having the products supplied again.
Return Goods Policy
Australian Consumer Law:
Products sold by WHAT THE THOCK ABN 97 265 939 531 come with guarantees under Australian Consumer Law. Consumers are entitled to a replacement or refund for a major failure and compensation for any other foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if they fail to meet acceptable quality standards.
A "major failure" as defined in the Australian Consumer Law is broadly one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, or the goods are unsafe, substantially unfit for purpose, or departed significantly from the demonstration model or sample.
Consumer guarantees are non-excludable and are in addition to any express warranty against defects.
There may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, visit www.consumerlaw.gov.au.
Express Warranty:
In addition to all rights and remedies under the Australian Consumer Law and any other relevant legislation, WHAT THE THOCK offers an Express Warranty for products.
The benefits given to consumers by the Express Warranty are in addition to other rights and remedies available under the law. This Express Warranty does not exclude, restrict, or modify any statutory rights or remedies.
WHAT THE THOCK warrants the products sold are free from defects in material and workmanship for the specified warranty periods.
When will goods be accepted for return?
- When there is a breach of a Guarantee under Australian Consumer Law or other applicable consumer protection laws or regulations.
- When there is a breach of any express warranty given by WHAT THE THOCK or the manufacturer of the goods, and the goods are returned in accordance with the terms of that warranty.
No change of mind returns:
Returns and refunds are not possible for changes of mind, wrong selections, or finding the goods cheaper elsewhere. Please carefully review the goods and ask questions before proceeding with your final purchase.
Assessment and condition of goods for acceptable return:
WHAT THE THOCK reserves the right to assess the eligibility of goods before accepting them for return. This includes reviewing the condition and age of the goods.
All goods that a customer wishes to be assessed for return must be:
(a) Accompanied by valid proof of purchase documentation from WHAT THE THOCK. (b) Unaltered, unmodified, unmarked, undamaged, and complete with instruction manuals, tags, labels, and accessories supplied with the goods as part of the purchase.
Please note that it may be necessary for the manufacturer of the goods to inspect the goods to assess eligibility for return. WHAT THE THOCK will endeavor to procure such an assessment within a reasonable time.
While goods are being assessed, WHAT THE THOCK will not be deemed to have accepted the goods for return.
Non-returnable goods:
Goods used in a way or environment that would create OH&S and hygiene risks may not be returned. This includes goods that may have been soiled or exposed to biological contamination. This also includes but is not limited to goods used for: consumable healthcare goods, disinfection control products, cleaning products, bathroom & bathing; toileting; toileting & hygiene slings; stockings & undergarments; pillows, bedding & protectors; continence products; bracing & supports; compression garments; personal kitchen aids; cutlery & crockery.
Customized or special orders may not be returned:
Goods that have been customized or modified to suit the specific needs of the customer or user may not be returned. Goods purchased specifically for the customer or user and not normally held in stock by WHAT THE THOCK may not be returned unless upon request WHAT THE THOCK's supplier accepts the return. WHAT THE THOCK will endeavor to procure such acceptance within a reasonable time.
Restocking Fee:
WHAT THE THOCK reserves the right to apply a restocking fee of 20%. The customer will be contacted after the goods have been assessed to advise if the restocking fee applies.
Delivery Charges:
Upon assessment confirming that goods have breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to WHAT THE THOCK will be at WHAT THE THOCK's cost. If the goods have not breached a consumer guarantee under Australian Consumer Law, any shipping costs to return the goods to WHAT THE THOCK will be paid for by the consumer.
What happens when your goods are accepted for return?
Subject to any obligation of WHAT THE THOCK at law to the contrary, when WHAT THE THOCK accepts goods for return:
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For a failure to comply with a consumer guarantee that is not a "major failure," WHAT THE THOCK may either: (a) Have the goods repaired or provide an identical replacement. (b) Provide a refund of the amount paid for the goods within a reasonable time.
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For a failure to comply with a consumer guarantee that is a "major failure" and cannot be remedied, you may either: (a) Reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available). (b) Agree with WHAT THE THOCK to a repair of the goods.
Under the express warranty, WHAT THE THOCK may either repair or replace the goods or offer a refund in accordance with the express warranty.
If goods are accepted for repair, WHAT THE THOCK will undertake such repairs within a reasonable time. All repairs will be undertaken as prescribed under the ACL.
Order Cancelations:
As per Australian Consumer Law, Returns and refunds are not possible for changes of mind, wrong selections, or finding the goods cheaper elsewhere. Please carefully review the goods and ask questions before proceeding with your final purchase. All Purchases are final, and cannot be cancelled without exceptional circumstances.
Refunds:
If you are entitled to a refund under the ACL, your refund will be issued by credit card, cheque, or EFT depending on your original payment method for the goods. No cash refunds will be provided. Refunds will take 10 business days to be processed.
Network Partners & Resellers:
All items returned for credit are at the freight expense of the reseller.
All warranty claims will be taken up with the respective supplier, and once resolved (i.e., credit obtained or replacement article supplied), the reseller’s claim will be settled.
In general, no credit or replacement will be provided prior to the supplier/manufacturer accepting the warranty claim. The PC Manager will be responsible for forming a practical commercial view on this at the time.
Guarantee and Warranties:
WHAT THE THOCK distributes high-quality goods generally backed by a manufacturer’s warranty. The extent of this warranty is documented by a "Written Warranty Statement" provided by the manufacturer with the relevant products supplied by WHAT THE THOCK. If the condition of the product entitles the buyer to claim warranty, reject or reverse a purchase order, or reject the product, the buyer shall first make a written request to WHAT THE THOCK to fulfill any applicable warranty obligations. To the extent a valid warranty obligation exists, as determined by WHAT THE THOCK, corrective actions, including repair or replacement of the product or refund of the price paid, will be taken within a reasonable time. If WHAT THE THOCK takes corrective action, it shall not be liable for any loss or damage arising from and after the initial delivery of the product or the performance of its warranty obligations.
For repair, service, and preventative maintenance work performed by WHAT THE THOCK, the work is warranted against defects caused by faulty workmanship or materials for twelve months from the date of service. Repair or replacement will be done at the expense of WHAT THE THOCK. The warranty does not apply where any repairs or modifications are carried out otherwise than by WHAT THE THOCK or an authorized agent. The buyer shall not extend to any end-user warranty terms that differ from WHAT THE THOCK’s standard warranty terms. Warranty details are in addition to statutory rights applicable in the buyer's state of purchase. Except as above, all warranties and conditions, whether expressed or implied, as to the goods and their fitness for any purpose, are excluded.
If the product does not have any warranties in place, the buyer should review the Return Goods Policy for further actions on non-warranty goods.
Products & Pricing:
WHAT THE THOCK reserves the right to change the source of its products without prior notice. EMDAWG JDM reserves the right to discontinue any of its products or stock without prior notice. Prices of products may change at any time and without prior notice, unless otherwise agreed in writing. EMDAWG JDM will make a reasonable effort to provide advanced notice when possible. Billing and payment shall be in Australian Dollars unless otherwise agreed in writing.
Goods Ex-Warehouse:
Unless otherwise agreed in writing, all products will be sold excluding delivery cost from WHAT THE THOCK’s warehouse or distribution center. Freight charges for delivery to the buyer’s premises will be added separately to the invoice for the goods. If a buyer chooses to use its carrier, WHAT THE THOCK shall be responsible for loading the products on departure to the buyer’s carrier. Delivery of products to the buyer’s carrier shall constitute delivery to the buyer; thereafter, all risk of loss or damage shall be the buyer’s responsibility with claims submitted to the buyer’s carrier.
Shipping & Delivery:
Products are delivered using various local and international freight operators. Shipping costs depend on the size, weight, and location. Exact shipping costs are calculated in the shopping cart before checkout. Please note this does not include any import fees or taxes that may be charged by your local customs. The responsibility of these fees are that of the customer, What The Thock is not liable for these fees. Orders are dispatched within 5-10 business days, and shipping times are estimated at 2-3 weeks for metro regions and 5-7 weeks for regional areas. While efforts are made to adhere to agreed delivery times, WHAT THE THOCK accepts no responsibility for any loss or damage resulting from any delay, however caused.
Your use of the website:
You agree not to engage in any activity that interferes with or disrupts this website or its servers and networks. You agree not to attempt to circumvent, disable, or otherwise interfere with security-related features or features that prevent or restrict the use or copying of content on this website.
Privacy Policy:
Our Privacy Policy explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
Contact us:
If you need to contact us, please use the contact details below:
WHAT THE THOCK Customer Care Team
Telephone: +61 450 752 702
Email: support@whatthethock.shop