Terms and Conditions
General Condition, current as at August 2012
The website http://www.realsmart.com.au (the “website”) is owned and operated by New Aim Pty Ltd (ABN ), and referred to as Real Smart, “We”, “our”, “us” or the “Company”. The Company include representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders. “You” and “your” means the user or customer of this website.
Your use of the website constitutes your agreement to abide and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, do not use the website.
Order and Cancellation
You must be at least 18 years old to place an order with Real Smart.
You shall pay for the product in full when you place an order, by supplying us with your credit, debit card details or by paying through PayPal. In any event, we shall not be bound to accept the order before we have received and cleared the payment in full.
When you submit an order through the website, you agree to abide and be bound by the prevailing Terms and Conditions. We are not obliged to supply the product until we have accepted your order. An acceptance of your order with your order details will be sent to you. Real Smart reserves the right to decline any order, for any reason. If order has been declined, you will be provided a store credit or a full refund, depending on your preference.
If payments are made on the weekend or public holiday, the order will not be processed until the next business day.
All prices in realsmart.com.au are quoted in Australian Dollars and GST (Goods and Services Tax) inclusive.
Real Smart reserves the rights to change prices for products displayed at our website at anytime without notice. We make every effort to ensure the accuracy of our pricing. However, if an error occurred, we reserve the right to refuse to accept further orders and to cancel any orders already placed at the incorrect price.
Sale of Good and Delivery
We only deliver to Australia at present.
The information on this site is intended and applicable for Australian consumers only.
Items will be delivered to the address you nominated while placing your order. We are not liable for late or missing deliveries if an incorrect address is given.
With a 25% restocking fee, you have the option to return any unopened, unused item in its original packaging that you bought from Real Smart for any reason within 30 days of receiving the item.
Estimated shipment times may change due to changes in supply or conditions beyond our control. If you have not received your items within the estimated delivery time, please contact us via email or phone.
Product Review Messages
Real Smart welcomes feedback on our products from you. As a courtesy, we ask that you do not use obscene, profane or threatening language in messages. You are solely responsible for your messages and we are not liable for any content submitted by you. We reserve the right to remove the content you submit at any time.
Damage or Faulty Returns
You shall notify Real Smart within 2 working days in the unlikely event that your item arrives damaged or faulty. In addition to a detailed description, you are required to provide images (or a short video clip if more appropriate) of the damage in order to proceed with the warranty process. Once assessed and approved by our customer service team, you will be contacted to proceed with the return, refund or replacement process. Please do not attempt to return the item without approval by us.
A refund or replacement will not be provided if products are being misused, mishandled or mistakenly installed. Customers are responsible for following the instructions and advice given by the manufacturers.
All our goods come with a warranty that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for other foreseeable losses 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. Replacement products are subject to the same warranties as the original
You are not entitled to any compensation where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer’s instructions, using it in an unusual way or failure to take reasonable care.
To make a claim, you must provide us with a copy of your tax invoice or any kind of proof showing that you purchased the item from us. You need to also describe the problem precisely and provide evidence to support your claim, and state whether you are requesting a replacement, repair, refund or credit.
Real Smart reserves the right to email you our product updates and newsletter that we believe may be in your interest. At the same time, we respect your right not to receive these communications from us. Please advise us at the time of placing your order if you do not wish to receive any updates, and we will disable the option for your account.
Intellectual Property Rights
The site and its content is protected by copyright which is owned by New Aim Pty Ltd, or in the case of some content, by a third party. You can browse the site freely and print it out for personal or non-commercial use. Registered trademarks and logos must not be used or modified in any way without obtaining the prior written consent of us.
Correction of Errors and Inaccuracies; Limitations on Quantity
Real Smart makes every effort to ensure accurate product descriptions. However, the content may contain typographical, technical or descriptive errors; and may not be complete or up to date. Therefore we reserve the rights to correct any information at any time without prior notice. We also reserve the right to limit quantity, including after order is submitted or paid for. We apologize for any inconvenience caused.
We endeavour to display the colours of the products on the website as accurately as possible. The colour of the product you see depends on your monitor, so it is not guaranteed that there is no colour deviation from the actual product.
Due to random technical errors, we do not guarantee all-time access to the web site. The Terms and Conditions do not guarantee that we will continue operating all or any part of the website. It is not our liability if the website is closed down or modified at any time.
Limitation of Liability
We are not liable if products are being misused, mishandled or mistakenly installed. Our maximum total liability for any product supplied to you shall at no time exceed the amount you pay to us in respect of the product.
You agree to indemnify, defend, and hold harmless Real Smart, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
We reserve the rights to amend the Terms and Conditions at any time without notice. You should check the terms and conditions regularly. Continued use of the website will be deemed to constitute your acceptance of the updated Terms and Conditions.