Warranty against Defects
This Warranty against Defects was prepared on 11 July 2017. We reserve the right to change this Warranty against Defects at any time. Additionally, please check our website for the latest terms.
We, our or us means M and S Distribution AUS Pty Ltd ABN 92 278 641 469 trading as Ride on Toys;
Youor Your means the purchaser of the Goods;
ACL means Australian Consumer Law; and
Goods or Product refer to our products purchased in Australia.
Our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are 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.
The Warranty against Defects that We have provided to You is in addition to any other rights and remedies available under the ACL.
Definition of a consumer
A natural person or in some cases a self-employed individual or a business will be considered a consumer if they purchase:
You will not be considered a consumer if you purchase our Goods for your business or if you resell it or to be transformed into a product that is then later sold.
Warranty and Duration
Our Goods come with a six (6) months’ manufacturer warranty against defects commencing from the date of purchase from us (“Warranty Period”), however, you may still be protected under consumer laws beyond the Warranty Period.
This warranty against defects does not apply to defects or damage caused by misuse, exposure to liquid or excessive heat, abnormal use, abuse or defects or damage caused by external events outside of Our control.
If You discover a fault or manufacturer defect, you must cease using the Goods and if it is within the Warranty Period you have the right to seek for the Goods to be repaired or replaced.
How to claim under this warranty
To claim under this warranty you can return the defective Goods to us at your expense, together with proof of purchase, within the Warranty Period. You will be requested to provide a description of the defect and your personal details. We will inspect the returned Product. If on inspection of the returned Goods we determine that the defect is covered by this warranty, we will either make suitable repairs or provide a replacement. If we determine that the defect is not covered by this warranty, we will provide You with a full explanation, and if requested, the Goods will be returned to You at your cost.
Our contact details are as follows:
Ride on Toys Australia Pty Ltd
Unit 1 / 5 Hewers Street Hampstead Gardens
Ph : 1800 996889
If, at any stage, your Product is found to be defective within the Warranty Period and it is repaired, the Warranty Period on the Product will not extend the original Warranty Period.
Warranty Costs and Claims
If you make a claim under this warranty, You must bear your own costs (postage is non-refundable) to transport the defective Goods to us (and you acknowledge that we carry no responsibility whatsoever in the event that the Goods are damaged in transit) and you must also provide a description as to the nature of the defect. If we determine on inspection that the Goods are defective and such defect is covered under this warranty, We will either repair or replace the Goods and send the Goods to you at our cost. If you have incurred reasonable costs,
If on inspection, we determine that the Goods are without defect, You must pay our costs of service work and testing, as well as costs of returning the Goods to You.
After the Goods are sent back to you
If at any time We send the Goods back to your nominated address, You acknowledge that you will not hold us responsible for the Goods (and release us in all respects) in the event that the Goods are damaged whilst in transit.
If you provide us authority to leave the Goods at your address unattended, You acknowledge that you will not hold us responsible (and release us in all respects) in the event that the Goods are damaged or stolen.
When the ACL does not apply to the Warranty against Defects
The ACL will not apply if:
Exclusions to Warranty against Defects
This Warranty shall be void and shall not apply to any Goods if You disclose or we discover that any of the following occur or apply (including but not limited to):
You further acknowledge that this Warranty does not cover events where:
Limitations to Warranty Against Defects
If You are a “consumer” as defined in the ACL and you suffer injury or consequential loss including loss to your property which is ordinarily and actually used for personal use, as a result of using our Goods, you may have a right to compensation against Us. However, You can only recover reasonably foreseeable losses that would probably result from our failure to meet your consumer guarantee. Additionally, We are not responsible for problems with the Goods that are beyond our control.
We are not liable if:
If you are not a consumer as per the definition of the ACL, We limit our liability to the lowest cost among the following:
If we are required to repair or replace the defective Goods, then we will replace the Goods with an identical Product or, if an identical Product is not available, a product with equivalent specifications.
When the Product is replaced, the faulty item will become our property.
Discretion used by Us
Even if We do not have to repair or replace the Goods, we may decide to do so anyway. In some cases, We may decide to substitute the Goods with a similar alternative product of our choice.
All such repaired, replaced or substituted Goods continue to fall within the time remaining on the original warranty period.
Proof of Purchase
Your proof of purchase is required in order to validate that your warranty claim is still valid. We use this information to establish the commencement date of the warranty.
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