This policy sets out the circumstances in which goods or services (“Goods”) supplied by EVE Australia Pty Limited (“EVSE Australia”) to a customer (“you”) will be accepted for return.

AUSTRALIAN CONSUMER LAW

The sale of Goods by EVSE Australia will be subject to certain laws including, without limitation, the Australian Consumer Law (“ACL”). 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 for compensation for any other reasonable 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.

This policy is in addition to any rights you have at law including under the ACL which is Schedule 2 of the Competition and Consumer Act, 2010 (“Act”).

NO CHANGE OF MIND RETURNS

Please choose carefully as EVSE Australia does not accept return of goods because you change your mind or make a wrong decision about EVSE Australia’s goods or services.

ASSESSMENT OF GOODS FOR RETURN

EVSE Australia reserves the right to assess the eligibility of Goods for return (including the condition and age of the goods) BEFORE accepting them as returned. All Goods which a customer wants assessed for return must be:

1. accompanied by proof of purchase from EVSE Australia either by providing a receipt or other proof of transaction; and
2. unmarked and complete with instruction books and accessories such as remotes, controllers, power cords, batteries, battery chargers, connectivity cables and any other out of box accessories supplied as part of the purchase.

Please note that it may be necessary for the manufacturer of the Goods to inspect the Goods in order to assess eligibility for return. EVSE Australia will endeavour to procure such assessment within a reasonable time.

While Goods are being assessed, EVSE Australia will not be deemed to have accepted the Goods for return.

WHEN GOODS WILL BE ACCEPTED FOR RETURN

Except where required under the ACL or other applicable consumer protection laws or regulations, EVSE Australia will accept Goods for return in accordance with this Returns Policy and only after assessment as set out above, where the Goods are returned in the compliance with 1. and 2. above and:

1. fail to meet a consumer guarantee under the ACL; or
2. are subject to any express warranty given by:

(a EVSE Australia; or

(b) the manufacturer of the goods;

and the goods are returned in accordance with the terms of that warranty.

WHAT HAPPENS WHEN GOODS ARE ACCEPTED FOR RETURN?

Subject to any obligation of EVSE Australia at law to the contrary, when EVSE Australia accepts Goods for return:

1. for a failure to comply with a consumer guarantee which is not a “major failure”, EVSE Australia may either:

(a) have the goods repaired or provide an identical replacement ; or

(b) provide a refund of the amount paid for the goods;

within a reasonable time.

2. for a failure to comply with a consumer guarantee which cannot be remedied or a “major failure” (as defined in the ACL), you may either:

(a) reject the goods and choose a refund or identical replacement or one of the same type and similar value (if reasonably available);

(b) keep the goods and get compensation for any drop in value of the goods caused by the failure; or

(c) agree with EVSE Australia to a repair of the goods; and

3. under express warranty, EVSE Australia may either repair or replace the goods or offer a refund in accordance with the express warranty.

A “major failure” is defined in the ACL and broadly is one where a reasonable consumer would not have acquired the goods had the consumer been fully aware of the failure, the goods are unsafe, substantially unfit for purpose or departed significantly from the demonstration model or sample. In this regard you should refer to the ACL.

If you reject goods purchased from EVSE Australia in accordance with the ACL, you must return the goods to EVSE Australia. If the goods cannot be returned without significant cost to you as prescribed under the ACL, you may ask EVSE Australia to collect the goods.

If goods are accepted for repair, EVSE Australia will undertake such repairs within a reasonable time.  All repairs will be undertaken as prescribed under the ACL.

If you are entitled to a refund under the ACL, your refund will be issued by credit card, EFT or PayPal depending on your original payment method for the goods.

WHAT HAPPENS AFTER YOUR GOODS HAVE BEEN REPAIRED?

After your Goods have been repaired or replacement Goods become available, as the case may be, EVSE Australia will contact you to make arrangements for delivery of your Goods. EVSE Australia will only pay for delivery of the Goods if they were repaired or replaced because of a major failure or if EVSE Australia is required by law to meet the delivery cost.

NON RETURNABLE GOODS

Except where required under the ACL or other applicable consumer protection laws or regulations, the following products are not eligible for return:

• Electronic software;
• Subscriptions to software programmes;
• Opened software where the applicable licence has been used, copied or disclosed;
• Gift Cards and recharge cards to extent they have been used or expired.

Except where required under the ACL or other applicable consumer protection laws or regulations, opened software cannot be returned if it contained a seal with the software license on the outside of the package and you could read the software license before opening its packaging.

STATUTORY RIGHTS NOT AFFECTED

This Returns Policy will not affect your statutory rights including those under the ACL.  To the extent of any inconsistency between this policy and your statutory rights, your statutory rights will take precedence.

FURTHER INFORMATION

If you have a question in relation to this Returns Policy or believe that EVSE Australia or any of our staff have not observed your rights under the ACL, please do not hesitate to contact EVSE Australia by writing to:

Customer Service

EVSE Australia

19/287 Victoria Road

Rydalmere NSW 2116

ABN 95 614 095 644