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Terms and Conditions

McGregor Nominees Pty Ltd - Terms And Conditions

About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean McGregor Nominees Pty Ltd ABN 9927 538 5182 of 2 Gordon Luck Ave, Altona VIC 3025 Australia, and "you" means you the customer. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.

Australian Sales Only

We sell and ship Products only within Australia. We will not make deliveries outside of Australia.

Legal Capacity To Transact

If you are under the age eighteen (18) years you cannot place orders with McGregor Nominees Pty Ltd. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years

Should McGregor Nominees Pty Ltd suffer any damage or other losses as a result of a transaction entered into by a minor, McGregor Nominees Pty Ltd reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with McGregor Nominees Pty Ltd.

Placing Your Order

You may place an Order by filling in the Order Form on the McGregor Nominees Pty Ltd Web Site and clicking the "Submit My Order" button.

When you place your Order, we will issue you with an Order Number. We will do this by email. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the McGregor Nominees Pty Ltd website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however McGregor Nominees Pty Ltd will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. McGregor Nominees Pty Ltd and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

McGregor Nominees Pty Ltd currently accepts PayPal, Visa, MasterCard only. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding VIC Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button. 

For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.

Please Note:

  • We are unable to accept credit cards issued by banks outside of Australia.
  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.

GST

McGregor Nominees Pty Ltd purchases include GST.

Prices

McGregor Nominees Pty Ltd always seeks to list Products with the most competitive prices.

McGregor Nominees Pty Ltd reserves the right to change prices for Products displayed at McGregor Nominees Pty Ltd at any time before you place an Order.

The price of products shown excludes shipping costs.

Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.

When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.

Delivery Of Your Products

Delivery time takes up to 14 working days from the date your payment is received.

Where you have purchased a Product that is dispatched from our overseas warehouse, delivery time after payment processing may take up to 3 weeks.

In all instances estimated delivery times will be displayed at the check out for your Product. McGregor Nominees Pty Ltd makes every effort to deliver your Product according to the estimated delivery times provided by McGregor Nominees Pty Ltd at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.

Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here. We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.

Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel) will leave a card so you can pick-up your Product from your local Post Office. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.

All deliveries are to the door step of you nominated delivery address. For items over 50kg there must be assistance to receive your delivery. McGregor Nominees Pty Ltd does not install any products that you purchase from the McGregor Nominees Pty Ltd websie.

We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all Products will pass to you on delivery.

"Your Account" - Your Credits

"Your Account" with McGregor Nominees Pty Ltd has a credit facility. You may only use credits in "Your Account" as detailed here. There are only three (3) types of Credit available for use in "Your Account".

"NightCredits"

McGregor Nominees Pty Ltd in its absolute discretion may credit you with NightCredits from time to time.

NightCredits can only be used for the payment of Products on our website. Where "Your Account" holds NightCredits and you place an Order for a Product or Products:

  1. Any NightCredits in "Your Account" credit facility must first be applied towards payment of the Product (or Products);
  2. Where the payment due on a Product (or Products) is less than the total of the NightCredits in "Your Account", you retain the future use of any unused NightCredits to apply towards any future Product payments;
  3. In the event that you do not have sufficient NightCredits for full payment of the Product, and where you hold any Refund Credits in "Your Account", they must be applied towards the outstanding balance due on the Product; and
  4. In the event that you have insufficient NightCredits and/or you have insufficient (or no) Refund Credits in "Your Account", you must pay the balance of the payment due on the Product by PayPal, Visa, MasterCard..

"Coupons"

McGregor Nominees Pty Ltd in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.

Coupons can only be used towards the payment of Products on our website.

Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions governing the use of a coupon will accompany that Coupon. McGregor Nominees Pty Ltd will determine the content of Terms and Conditions governing Coupons in its absolute discretion.

Where a Coupon is used towards the payment of a Product (or Products):

  1. There may be an outstanding balance due on the Product; and
  2. Where you hold any NightCredits within "Your Account", they must first be applied towards any outstanding balance due on the Product; and
  3. In the event that you have insufficient (or no) NightCredits in "Your Account", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product.
  4. In the event that you have insufficient (or no) NightCredits and/or Refund Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by PayPal, Visa, MasterCard.

"Refunded Credits"

We may credit "Your Account" with a Refund Credit from time to time. McGregor Nominees Pty Ltd will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product". Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:

  1. Any (applicable) Coupon and/or NightCredits that may be in your in "Your Account" credit facility will first be applied towards payment of the Product (or Products);
  2. In the event that (any applicable) Coupon and/or NightCredits are insufficient for full payment of the Product (or Products), your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products); and
  3. Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
  4. In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by PayPal, Visa, MasterCard.

Refunded Credits can be used towards a future purchase(s) or the full amount can be cashed out as a cheque refund. To redeem your Refund Credits log in to "Your Account" and select "View Credit". You can then select "Cash Out Refund Credit".

In the event that McGregor Nominees Pty Ltd needs to reissue a Refund Credit cheque due to an incorrect name or address provided by you, or if a Refund Credit is misused, McGregor Nominees Pty Ltd will incur a cost of $12 to reissue the Refund Credit cheque. This cost will be passed onto you as a reissue fee.

In the event that a Refund Credit not exceeding $5.00 arises from an overpayment by you, McGregor Nominees Pty Ltd will apply that amount as a credit on your account, unless you specifically request a cash refund from us.

Consumer Guarantees

Consumer guarantees apply under the Australian Consumer Law.. Nothing in these Terms and Conditions excludes the application of those guarantees.

For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au

If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund.

If a Product has a major defect, you are entitled to:

  • reject the goods and receive a refund
  • reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
  • keep the goods and receive compensation for the drop in value caused by the problem.

If you think that a Product is defective you should contact our Customer Service Help Centre and a McGregor Nominees Pty Ltd Customer Service Representative will assist you.

A photo may be requested to assist with the assessment of your claim.

Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of McGregor Nominees Pty Ltd.

If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property.

When a refund is given, the returned Product becomes our property.

Please ask staff for product warranty periods, as we are a Clearance Centre warranty periods may differ from what is stated on products packaging and warranty cards, in all cases you will be informed of new warranty periods. 

Product Images

Images used on the nightingalecc.com.au in most cases are exactly the same as the image shown in the product description, however from time product images may vary from the actual product and therefore all images should be taken as an indication only

Returning a Product if You Change Your Mind

If you purchase an item and change your mind you have FOURTEEN (14) days to return the item to receive a refund for the total puchase amount, ONLY: if the unit is in its original packaging and has not been used or altered in anyway and you have the original invoice or proof of purchase

The follwing items are excluded from our 14-day change of mind policy: Clothing, Shoes, Personal Care, Liquids, Consumables & CD/DVDs.

If the item is faulty we will arrange for the item to be repaired, if the item cannot be repaired we will supply a replacement unit or refund. To receive a refund or replacement for any unit you must have your original invoice or proof of purchase and the item being in its warranty period.

Return Authorisation Number - A Must Have

A Return Authorisation (RA) number is required for replacement Products and refunds.

Where Customer Service has provisionally determined that a Product is defective , Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to McGregor Nominees Pty Ltd within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.

Organising the Return of Products

Products must be returned whenever we agree to provide you with a refund or replace the Product. Where you received a defective Product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RA which you must affix to the product. McGregor Nominees Pty Ltd will pay for returned items automatically if you notify us of your claim within 30 days of delivery. You must then take the Product to any Australia Post Office for return.

Where you have received a defective Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.

When a Replacement Product is arranged:

  • A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned Product.
  • The delivery time for the replacement Product will be the same as stated for the original Product.

Some Products - Manufacturer Warranty

Some Products sold through McGregor Nominees Pty Ltd are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. McGregor Nominees Pty Ltd recognises that customers purchasing some products, such as electronics, air conditioners and computers; require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a consumer guarantee McGregor Nominees Pty Ltd will provide a suitable remedy

Computer Hardware and products with user-generated data capabilities

REPAIRS

The repair process of your goods may result in the loss of some or all user-generated data. Please ensure that you have made a copy of any data saved on your goods prior to submitting it for repair.

Goods returned for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Computer Hardware - Exclusions and Limitations

To the extent permitted by law, McGregor Nominees Pty Ltd is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are the responsibility of the consumer are not covered by the McGregor Nominees Pty Ltd warranty on Electrical, petrol operated & Motorised Product (see Additional McGregor Nominees Pty Ltd Warranties above).

In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, to the extent permitted by law, McGregor Nominees Pty Ltd is not liable for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or any other basis of liability, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with McGregor Nominees Pty Ltd Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. McGregor Nominees Pty Ltd specifically does not represent that it will be able to repair any Product or replace a Product without risk to or loss of programs or data.

Where a computing Product needs to be returned to McGregor Nominees Pty Ltd for replacement, repair or inspection, to the extent permitted by law McGregor Nominees Pty Ltd is not liable for the loss or confidentiality of any data you may leave on the computing Product.

Our Liability

To the extent permitted by law,:

  • We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
  • Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

Your Data - Use And Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing and delivering your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other McGregor Nominees Pty Ltd Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other McGregor Nominees Pty Ltd Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.

Credit Card Fraud

While McGregor Nominees Pty Ltd employs Secure Sockets Layer (SSL) technology software for its transactions with our customers, McGregor Nominees Pty Ltd will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Fraud Protection or Prevention Procedures

When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online Fraud.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of McGregor Nominees Pty Ltd. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

McGregor Nominees Pty Ltd reserves the right to change the Terms and Conditions of sale at any time.

No McGregor Nominees Pty Ltd employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

To the extent permitted by law, McGregor Nominees Pty Ltd is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of McGregor Nominees Pty Ltd, and McGregor Nominees Pty Ltd shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria