David Tran's Terms and Conditions
These terms and conditions apply to all your purchases from David Tran. 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 David Tran, you ("Customer / Consumer") agree to be bound by the terms and conditions listed below. You and David Tran agree that the following terms and conditions are the exclusive terms governing the sales transaction between the Customer and David Tran. 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 David Tran.
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
Placing an order
We are purely an online store only and therefore function differently from a traditional retail store
- David Tran sources products and stock from local Australian suppliers.
- Stock levels are checked weekly. We apologise if levels may be incorrect at time of order.
- Orders including items out of stock will be placed on back order. The customer may request to ship in parts, or wait for stock to ship together.
- Items out of stock without an ETA will be ordered from the supplier once a customer places an order for it. Back orders from this will generally be fulfilled by 1-3 weeks (depending on the product).
- All orders must be either placed online or over the phone - we have no showroom walk-in for placing orders available at this time.
- All orders placed online will require payment upon checkout and will be processed for shipping right away.
- All orders placed over phone will be processed once payment is received via bank transfer/PayPal.
Showroom Pick Up and Order Policy
The following Policy is applied to help us help you.
- All pickups can only be collected once we have processed your order and have sent you a verification email or phone call stating that your order is ready for pick up.
- All orders ready for pick up but are not picked up within 2 weeks will be classed as uncollected and therefore will be cancelled and a minimum 20% restocking fee applied.
- We will not take responsibility for any unannounced walk-ins where product is not yet available.
- Collection of all orders is between 10:00am - 5:00pm Monday to Friday. Customers working late or unavailable during these days can contact David Tran to organise collections outside of operation hours.
Order Modification / Cancellation
If an order requires modification or cancellation during the processing stage, please contact us via the Contact Us page, or over the phone.
Cancellations will incur a 20% restocking fee.
A backorder occurs when the product isn't in stock and the item is ordered in from the supplier. This procedure generally takes 1-3 weeks for the product to arrive to the customer. When backorders occur, we will notify customers the estimated time of arrival (ETA) by email or phone.
Please note that the 1-3 week lead time is only the general length. Some items may require longer timeframes.
Payment Ways & Terms
Orders: An order is not binding upon David Tran until it is accepted & approved by David Tran. David Tran must receive full payment before he will accept, approve, and process an order (unless alternative arrangements have been made). Payment for product(s) ordered is due prior to shipment, including & back orders (pre-orders).
David Tran only accepts payments made by;
- Credit / Debit Card
- Direct Deposit
Please note that all Direct Deposit orders will be cancelled where payment funds have not been received by David Tran in 3 business days.
If you require alternative payment arrangements made, please contact David Tran to make such arrangements.
Credit Card Verification
If you feel that there has been Credit Card fraud, please notify us via Contact Us immediately and the Australian Federal Police (www.afp.gov.au)
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 at any time.
David Tran 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 at David Tran 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 David Tran makes 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, David Tran 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 David Tran.
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. David Tran 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)
David Tran 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.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between David Tran and Customer shall be governed by the laws of the State of Victoria or as defined by the Australian Consumer Law.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These terms and conditions, together with David Tran's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between David Tran and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between David Tran and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
Limitation of Liability
Subject to the 'Competition and Consumer Act' set out below, our total liability with respect to any statutory guarantees (as that term is defined in the Competition and Consumer Act 2010 (Cth) ("CCA")) when a problem with a product purchased by a consumer is major is limited to:
- (a) payment to the consumer of the cost of purchasing the goods; or
- (b) replacement of the goods or the supply of equivalent goods; or
- (c) payment of an amount equivalent to any drop in value of the goods as a result of the major failure.
All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise) relating to these terms and conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
Competition and Consumer Act
Nothing in this document excludes, restricts, or modifies any condition, warranty, statutory guarantee, right, or remedy, implied or imposed by common law, statute, or regulation which cannot be lawfully excluded, restricted or modified, which may include the Competition and Consumer Act 2010 (Cth) and corresponding provisions and relevant laws containing implied terms and/or statutory guarantees which operate to protect the purchasers of goods and services in various circumstances.