Big Whale Australia Policy
These terms and conditions apply to all your purchases from Big Whale Australia. They contain very important information about your legal rights and obligations, including legal limitations and exclusions that apply to you. By placing an order for any product from Big Whale ("Big Whale Australia"), you ("Customer / Consumer") agree to be bound by the terms and conditions listed below. You and Big Whale Australia agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and Big Whale Australia. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Big Whale Australia.
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 for 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. In addition to the rights and remedies you may have under the Australian Consumer Law you may also be entitled to benefits under the terms of any additional manufacturer's warranty. The manufacturer's warranty (if it applies to your product) does not in any way affect your rights under the Australian Consumer Law
Please read the terms and conditions of use carefully before using this website
We maintain this website as a service to our customers, and by using our website you are agreeing to comply with and be bound by the following terms and conditions of website use and sales. Please review the following terms and conditions carefully, and check them periodically for changes. You must review the terms and conditions and the associated Shipping & Returns Policy prior to placement of orders via our website, as these terms and conditions may change from time to time. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this website.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our website Big Whale.com.au (the "Website"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.
Order Acceptance & Purchase Policy
All orders placed with us are subject to our acceptance. We reserve the right to decline (i.e. not accept) any order up to the point of the point of delivery of the order to you and an invoice for the order being issued to you. We will not dispatch an order until we have received payment in full for the total value of the order. Automatic confirmation of successful order placement and/or receipt and/or processing a payment for the order does not constitute acceptance of the order by us. If We has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you and that your credit card has been charged; that notice is our acceptance of your order. If we decline your order after a payment for the order has been received/processed we will contact you with the details and refund the payment in full.
In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Back-Order orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen. Big Whale Australia ships through the Australia Post eParcel service or selected couriers (Fastway / TNT / Startrack Express) , and customers may choose Standard or Express Shipping, at the charges shown on Big Whale Australia‘ order form.
Acceptance of order, cancellation & pricing policy
We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an email shipping notice to your email address. That shipping and payment notice email constitutes our acceptance of your order and forms a legally binding contract with Motion Systems Pty Ltd., which operates bigwhale.com.au. The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.
If an order cannot be filled because the product is not available for shipment, customer service will notify you and you will be given the option to change, cancel the order or wait for the missing stock to be shipped.
If you wish to cancel an order, you may request a cancellation by phone or email us at email@example.com. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective.
It is a requirement that all orders intended for delivery within Australia be placed from within Australia.
If an order is placed outside of Australia or is placed using a credit card with a billing address outside of Australia then it is considered an overseas transaction.
We retain the right to either approve or deny any overseas transaction at our discretion.
All orders placed undergo an internal order verification process. During this process an order may be approved or denied at our discretion.
Store Pickup Policy
Store Pickup is only available for selected products and from Brisbane pickup point. During the ordering process, you need to select a store pickup which you will collect the order. You will receive notification via email when your order is ready for collection for in-stock products, and notification via SMS for preorder products (if you provide a mobile phone number at time of ordering).
Orders are generally be available for collection within 1-3 days business days.
A valid email address and telephone number must be provided to use Store Pickup.
We will aim to have your order ready for collection by the estimated collection timeframe. We will not be liable to you or any other person for any delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.
In certain circumstances, your order may be rejected, including but not limited to where the requested product is not available at the selected store. If we reject an order for products placed through our Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
If you fail to collect your Store Pickup order within 6 weeks after you receive notification that the order is available for collection, we may cancel the order.
You agree to comply with certain collection requirements specified below and any other requirements that we notify to you when you place your order through our Website or notified prior to collection:
Only the person on order can collect. If you will not be the person collecting your order then you must nominate your representative who will be collecting your order by providing their details to the collecting store at the time your order is placed. Your representative must provide us at the time of collection with proof of their identity (including photographic identification) and, where relevant, age, and the confirmation or receipt for your order and such other verification reasonably requested by us. By nominating an alternate person to collect the order for you, you acknowledge and agree that that person is authorised by you to collect your order.
We will not allow a Restricted Product to be collected by a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
You acknowledge that we may record the details of any identification provided in relation to collection of products.
Shipping & Return Policy
Due to the nature of our Website, and the products listed, we Motion Systems Pty. Ltd. have a strict Shipping & Returns policy. Our Shipping & Returns Policy, as may change from time to time, is a part of this Agreement.
If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a refund, exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time. Where an item is damaged through misuse or abnormal use, Big Whale Australia cannot provide a refund, exchange or repair, whether the fault is identified by Big Whale Australia, the manufacturer or their service agent. Big Whale Australia will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
What is our return policy?
We do not normally give refunds or exchanges if you:
• simply change your mind; or
• purchased the wrong product; or
• already knew of a particular fault in a product, or we specifically advised you of a particular fault in a product; or
• damage a product after purchase due to alterations to the product not performed by us, damage the product due to unusual or non-recommended use of the product or damage the product where the damage is caused by any factors beyond our control; or
• no proof of purchase is provided.
We do not give refunds for physical and downloadable giftcards and service/subscriptions cards (i.e. Xbox Live subscriptions, Xbox Live dollars, PSN wallet, Microsoft store cards, etc)
Requirements for full refund
- Items must be in new condition
- Items must be returned with all original packaging and accessories; including receipt
- Media items (for example, movies, music, video games, and software) must be unopened and still in their plastic wrap
- Hardware must have a UPC or serial number
Return of Faulty Goods (Under Warranty)
BEFORE returning any faulty goods to us you must initiate a warranty claim with our service department. You must select the faulty item from the list of products you have purchased and provide the faulty item's serial number (for those items that have a serial number) and as much information as possible about the issue.
Where appropriate, we will issue you with a Return Authorisation Number (RAN) and provide with instructions on returning the faulty item. The RAN is valid for 7 days from the date of issue, in which time the faulty goods must be received by our Service Centre. The RAN will not be extended or re-issued. The RAN MUST be clearly displayed on the return package. Any goods returned without an RAN will be not accepted and shipped back to you at your expense.
Depending on the item we may require that it is returned with all original accessories. Our Service Centre reserves the right to reject incomplete or not properly packaged items. A refund for the amount paid for the item or a replacement item will be provided at our discretion for any goods returned under store warranty. A refund or replacement item will only be issued once the faulty item has been received and tested for the specific issue specified in youClaim and found to be faulty.
Dead-On-Arrival (DOA) Products
You must go through Return / Warranty Claim procedure outlined above in order for us to process your return / warranty claim. If the item is found faulty, we will either replace the item or refund the full amount of the order based on your choice. To ensure expedient handling of your DOA return please initiate the DOA return within 7 days of receiving the product.
Return of Goods due to Battery Problem
We do not provide exchange or refund for problem caused by battery as the life of battery fully depends on usage.
All products sold by Big Whale Australia are covered by Return-to-Base or Manufacturer Warranty. Most of the goods carry 12 months return-to-base or manufacturer warranty, but some, like monitors, could have extended warranties. Please contact the product manufacturer for extended warranty details. You may also find it more efficient to handle the warranty claim directly with the manufacturer for items where the manufacturer has a service centre network in Australia.
Risk of Loss
Big Whale Australia will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s), except software, and risk of loss passes to the Customer upon delivery to the carrier. Big Whale Australia reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Big Whale Australia to sign appropriate documents on Customer's behalf to permit Big Whale Australia to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. The Customer agrees to be bound by any software license agreement once the seal on the package is broken. Big Whale Australia will advise the Customer of estimated shipping dates, but Big Whale Australia will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Please choose carefully when purchasing the following merchandise as change of mind returns will not be provided on the below merchandise.
Product Information Policy
Our website is updated frequently to ensure that you'll view the latest products and correct pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. The listed price is subject to change.
Big Whale reserves the right to make changes and corrections in prices, products and specifications without notice due to errors arising from misprints, technical and human errors.
Product Images and other Images
All product images on Big Whale Australia website may vary from the actual product. All typographical errors are subject to correction. Please note that images are only to be used as a point of reference and are not indicative, in any way, of the actual product.
Product Descriptions and Specifications
Please be assured that Big Whale make every effort to ensure product description accuracy, however specifications, features, documents and graphics published may contain technical inaccuracies or typographical errors. If an error is made or a product is listed at an incorrect price, Big Whale will endeavour to correct the error as soon as possible.
Should you receive an order which does not match the online product description please contact Big Whale Australia.
Please note that product availability is subject to change at any time. Stock showing as available at time of ordering may sell out and therefore be on backorder. Big Whale will endeavour to fulfil your order as soon as possible and will notify you or update your item status with ETAs where possible. Should suppliers also not have the product in stock then you may request a modification, refund or store credit.
Webcrawlers (MyShopping, StaticIce, Google etc)
Big Whale.com.au does not accept any responsibility for errors made by companies such as MyShopping, StaticIce etc who retrieve data from our site and list it on their own. In these circumstances it is the end users responsibility to ensure that what they are ordering is correct. If you have any questions concerning a product please do not hesitate to contact us, please keep in mind we do not refund or exchange for incorrect purchases.
All images are for reference only and should not be relied on when making the purchasing decisions. All purchasing decisions should be made based on the product descriptions.
We allow access to or advertise third-party merchant websites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant websites or any other website linked to our website.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such websites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Payment Method We Accept
Big Whale Credit Card Verification
As part of our verification process we will utilise various procedures to ensure ultimate protection to the Credit Card holder.
These processes may include but not limited to charging a small amount randomly under $2 requiring confirmation prior to approval; verbal verification via phone or a request for photo identification including valid Driver Licence, Utilities bill or the copy of the credit card.
Please note: Big Whale reports all attempted credit card fraud immediately to Australian Federal Police (www.afp.gov.au)
SP * BIG WHALE AUSTRALIA will appear on your credit card statement for orders placed with us.
If you select direct deposit during the payment step of the checkout we will include our bank details in your order confirmation email. Please process payment after placing your order to expedite processing, funds must clear before your order is despatched. Payment typically clears next business day when paying from a non-ANZ account and at times same day when using ANZ Bank.
No Surcharge on Paypal
What is PayPal
PayPal is an online service that enables you to pay, send money, and accept payments without revealing your financial information. PayPal is linked to your bank account or credit card.
To pay for your order using PayPal you will need a verified PayPal account. Verified Paypal users can pay using the PayPal Express Checkout.
PLEASE NOTE: Big Whale Australia only accepts payment from verified PayPal accounts (digital goods only). This protects both us and you, in cases where your PayPal details are stolen and used with us.
Your payment clears when your order is completed online and your shipping details will be obtained from PayPal.
If you pay by "Echeque" they can take from 4 to 10 days to be processed and we do not ship until the payment is cleared by Paypal.