General Purchasing Terms & Conditions

Applicable terms and conditions for purchases made through the Midnight IT web-store.

 

1. General

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The following Terms and Conditions shall apply to the sales contract between Midnight IT Global (henceforth “Midnight IT”) (ABN: 30 623 166 558) and its customers. Midnight IT manages and maintains midnightit.com.au web-store. Products sold by Midnight IT are second-hand, unless otherwise stated in the product description.

These Terms and Conditions have been updated on 12.02.2021 and they are valid until further notice. Midnight IT retains the right to change these Terms and Conditions unilaterally and without prior notice, if the content of these terms and conditions do not materially change the relationship between the parties. Changes to these Terms and Conditions enter into force immediately.

 

2. Customers & Data Protection

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Midnight IT sells goods to private individuals who are over 18-years old, and to minors who have a written consent from their guardian(s) (“Consumers”), as well as to companies and organisations (“Businesses”). The sales agreement is primarily governed by these Terms and Conditions. Additionally, The Consumer Rights Act 2015 shall apply to Consumer sales and sales of goods to Businesses.

Both the Consumers and Businesses are obliged to provide the information requested by Midnight IT when making the sales order. For consumers this information shall include at least the name, address, phone number, and email address. For Businesses the required information includes the name, phone number, and email of the contact within the Business, as well as the Company Number, shipping address, phone number(s), and billing address if needed.

Information concerning the collection and processing of customer information can be found in our Privacy Policy.

 

3. Products & Pricing

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Depending on whether the original owner of the product has been a company or a private individual, products are taxed either through normal GST procedure or the margin tax scheme applicable to second-hand products. The applicable tax shall be notified separately for each product. Midnight IT retains the right to change the price, if there has been a clear error in the pricing of a product.

Products sold by Midnight IT are always sold “as is”. Midnight IT applies a four-step quality classification to the products: Unopened, Very Good Condition, Good Condition, and Cosmetic Defect. Defects and issues taken into account in classifying a product are described in the individual product page. Midnight IT may refurbish the products with other than Apple-certified replacement parts. Midnight IT is not liable for any errors in the technical specifications of the product and shall retain the right to change said specifications without prior notice.

Products are delivered to the customer as ready-to-use, with the Operating System installed. Should the product contain data from the previous owner as a result of a failed data erasure, the customer is required to cease using the Product and deliver it without delay back to Midnight IT or to the Apple-service specified in section 5.1 to ensure proper data erasure.

The product shall not be delivered with Operating System or iLife installation discs, unless otherwise stated in the product description. The customer may purchase a copy of the Operating System from Apple Online Store. iLife (iMovie and GarageBand) and iWork-programs (Pages, Numbers, Keynote) can be downloaded from the App Store free of charge using the user’s personal Apple ID. Accessories that are included in the product package are listed on the product page. Laptop chargers may be delivered with either an AC wall adapter (DuckHead) or a power extension cable.

 

4. Payment methods & terms

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Payment methods and terms are governed by eway.com.au, Australia Post service and NAB .

Upon choosing a payment method the payment shall be further processed in the systems of the chosen service provider. The payment is immediately registered as completed upon customer’s return to Midnight IT web-store. The payment shall be paid to a bank account managed by eWay or NAB, from where it shall be transferred safely and quickly to Midnight IT.

 

4.1 Payment by credit card

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The customer can pay their web-store orders by Visa, Visa Debit, Visa Electron, MasterCard, Debit MasterCard, Amex, Discover and JCB. Midnight IT does not have access to the card information, as the payment information is not saved into our systems. Our web-store utilises the international Verified by Visa and MasterCard SecureCode authentication services.

Midnight IT acts both as a marketer of products and services as well as a supplier of products to the customer. Midnight IT takes care of all statutory and self-defined obligations related to the sale of goods and services. When paying by card, the contract is formed between the customer and Paypal Payments. Paypal Payments is responsible for obligations relating to card payments and notices of defects. Checkout, who transmits the card payment directly to Midnight IT, shall be the receiver of the payment on the credit card statement.

 

5. Delivery methods & terms

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Midnight IT uses Australia post delivery services.

 

5.1 Delivery methods

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Home Parcel

Australia Post delivery is an easy solution to receive the parcel. Australia post will make deliveries to the customer on business days. Normal or express option is available.

 

5.2 Common terms of the delivery

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Shipping and handling costs vary between delivery methods and they are displayed during the ordering process. An order confirmation shall be sent automatically to the email address provided by the customer after the order has been made. The average processing time of the order is 1-2 business days after the order has been registered to Midnight IT’s systems. Delivery of the order takes approximately 1-3 business days.

Midnight IT does not ship products outside of AU. Midnight IT is not responsible for delays in delivery due to circumstances outside of its control. Should the delivery return to Midnight IT due to non-delivery, Midnight IT has the right to charge the costs or the original delivery method due to reshipping. Should the reshipping fee remain unpaid for one (1) month, the ownership of the products included in the order shall transfer to Midnight IT. Should the customer notice that the package is damaged, customer is obliged to inform Midnight IT of the damage in writing via email without undue delay.

The customer is obliged to inspect the delivery within 14 days, and acquaint themselves with the product’s manual before use. In most cases, second-hand goods are not provided with manuals. However, manuals may be found on the manufacturer’s website.

If the customer provides Midnight IT with the incorrect shipping address and a device has been shipped to this address it is the customer’s responsibility to arrange redelivery. Midnight IT shall not be held responsible for any devices lost, damaged or delayed due to incorrect shipping details provided by the customer.

 

6. Return policy

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The customer has a right to withdraw from the contract within 14 days under The Consumer Rights Act 2015. The right to withdraw begins when the customer receives the product physically. If the customer wants to use their right of withdrawal, the customer has to inform Midnight IT thereof via email. After receiving the email, Midnight IT informs the customer on how to return the product. Products need to be returned by post to Midnight IT. Address: Level 3 – Trak Centre 443 Toorak Rd, Toorak, VIC 3142. Midnight IT will pay the return shipping fee. The product has to be returned within 14 business days from making the withdrawal notification. Returned products have to be in their original condition, i.e. not used. If the product has been used by the customer, Midnight IT charges installation costs from the customer. Installation costs are $150 (excl. GST 10 %) for macOS products and $150 (excl. GST 10%) for iOS devices. Further, the customer is responsible for possible deviations in product’s condition as well as possible decrease in product’s value. Accessories, such as SIM-cards, back-covers or protective cases/glass delivered with the device shall be disposed of and will not be refunded. The Find My iPhone (FMI) functionality of mobile devices needs to be deactivated before returning the device. The product that is returned must be packaged as it was when delivered, and no waybills or other stickers shall be attached to the packaging. Should the product return with transport damages due to its packaging, the customer shall be responsible for the repair expenses. The right of withdrawal is limited in situations in which the product has been ordered with upgraded components such as memory or internal storage. The limitation also covers separate installation products such as software installation. The decrease in value of the components will be deducted from the returned amount.

The right to withdraw does not apply to Businesses. Businesses may negotiate returning of products on a case-by-case basis. Midnight IT retains the right to decline the return.

 

7. Liability for defects

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Midnight IT has, according to the The Consumer Rights Act 2015, a statutory liability for defects. In addition, Midnight IT offers a warranty for its products on following conditions:

 

7.1 General

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Midnight IT offers a six month voluntary warranty to its products. The customer also has the possibility to buy an extended 1 1/2 year coverage. A product will be serviced by repairing the defect(s). These Conditions specifically mention those devices, or parts, for which there is no coverage.

 

7.2 Warranty Period

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The warranty period of, depending on the product, will be valid for either is six months from the date of purchase or one year from the date of purchase. The warranty period is mentioned in the product description in the web-store.

 

7.3 Material scope of the warranty

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• Fast service: All service cases will be started under one business day from receiving them
• Free diagnosis: Free diagnosis even if Midnight IT is not liable to repair the defect under the warranty conditions or the statutory liability for defects
• Free loaner device for the duration of the service: Upon request the service includes a free loaner device and the transfer of hard drive or data to the loaner device from the device under service, if the service takes longer than 10 business days. The customer is responsible for any damage to the loaner device and any unusual changes to its condition for the duration of the loan. The loaner device shall be returned with the return of the device under service, by one (1) week from the completion of the service.
• Replacement device: Should the device need service more than twice during the warranty period, the customer is eligible for a comparable replacement device.

Midnight IT shall not be liable for a defect, if it is proven that the defect is due to the customer’s behaviour. The defect could be the result of an accident, handling the device in a way which is against the manual or otherwise incorrect or negligent handling of the device. If the customer send a device or accessory back for a warranty claim or replacement  by post the customer has to bear the shipping costs of this.

 

7.4 Limitations to the warranty

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• The warranty does not cover laptop’ or mobile device’s batteries
• The warranty does not cover RAID-cards’ power supplies
• The warranty does not cover computer fans
• The warranty does not cover computer screens
• The warranty does not cover software issues
• The warranty does not include malware or virus removal
• The warranty is not valid, if the device is plugged into an ungrounded electric outlet
• Physically opening the device against the manufacturer’s guidance or damaging the wiring of the power supply shall result in the warranty becoming void
• The warranty will be void if the product is damaged during shipping due to the customer’s negligence. The package must be intact and properly cushioned
• The warranty will be void if the product’s serial number has been removed or made illegible
• This warranty does not cover indirect damages or economic loss which have been incurred due to the breaking product. For example, should the hard drive be destroyed, Midnight IT shall not be liable for the destroyed data

 

7.5 Errors & defects

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The customer is obliged to make a notice of a defect when receiving the product, or as soon as possible after becoming aware of the defect. The notice shall be made via email to support@midnightit.com.au. After having given notice of the defect and received instructions, the defective product shall be without undue delay sent via post or delivered to Midnight IT Group at the below address:

Level 3 – Trak Centre
443 Toorak Rd, Toorak, VIC 3142

The customer is responsible for backing-up their data, and in case of mobile device, turning off the Find my iPhone (FMI) functionality, before delivering the product to Midnight IT. The product shall be delivered without any additional accessories, such as protective cases or SIM-cards. The returned product must be packaged as it was when the customer received it. Should the returned device be returned as fragile due to its packaging, the customer shall be responsible for the delivery expenses.

To be included with the product when delivered to service:

• A copy of the order confirmation / receipt
• Contact details of the customer (name, address, telephone number, email)
• Description of the defect
• All accessories and peripherals that came with the device

 

7.6 Correcting the error

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A product will be serviced by repairing the defect(s). Should the required spare parts be unavailable, or unreasonably valuable with regard to the current value of the product, the defective product will be replaced with a similar product. The warranty of spare parts used during service is three months from the service. The warranty of a replacement device is three months, or the warranty of the original order, should the original warranty still be valid for longer than three months from the replacement. The diagnosed defect will be repaired as soon as possible. In a normal situation, the warranty service will take approximately 6-10 business days from the arrival of the device. The service may take longer due to a justified reason. When estimating the reasonable service- or replacement time, the properties of the product, access to spare parts, and the quality of the defect will be taken into account.

 

7.7 Price reduction & cancellation of the purchase

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Should repairing the defect or replacing the product not be possible, a price reduction or cancellation of the contract may apply, unless the defect is minor.

In the case of cancellation, the price to be returned may be lowered by the amount that corresponds the benefit accrued by the customer from the product during the time when the product was usable and before the defect was noticed.

 

8. Notice of defect

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The customer is obliged to give notice of a defect via email to support@midnightit.com.au. The notice shall be made without undue delay after noticing the defect per the The Consumer Rights Law.

 

9. Dispute resolution

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Disputes between the customer and Service Provider will be resolved primarily by negotiations. If a dispute concerning a sales contract cannot be resolved through negotiation between the parties, the consumer can submit the matter to the Consumer Rights Centre.

Should the aforementioned alternative dispute resolution mechanisms not result in an amicable resolution, the dispute will be finally settled at the district court of the consumer’s domicile, or habitual residence.

Contact Details:

Midnight IT Group