Terms Of Sale

These Terms and Conditions apply to products and services sold by Dasher Holding Pty Ltd (ACN 684 922 281) trading as Uwant Australia ("Uwant Australia", “we” or “us”) from uwant.au and direct.uwant.au (“Goods”).

These Terms and Conditions constitute a legally binding contract between you and Uwant Australia and apply to the ordering, purchase, fulfilment and delivery of Goods from uwant.au and direct.uwant.au. By placing an order for Goods from Uwant Australia you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions:

  • “Account” means a personal account created by you on the Uwant Australia Website;
  • “Additional Delivery Charge” has the meaning given in Section 4.4;
  • “Delivery Charge” has the meaning given in Section 4.3;
  • “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
  • “Direct Website” means direct.uwant.au;
  • “Distribution Centre” means a Uwant Australia distribution centre open to the public for pre-arranged pre-paid order collections;
  • “Home Delivery” means a Delivery Option where the Goods to be delivered are “big and bulky” goods;
  • “International Delivery Charges” has the meaning given in Section 4.5;
  • “Uwant Australia Website” means uwant.au;
  • “Marketplace Partner” means a third party seller Uwant Australia has authorised to trade on the Uwant Australia Marketplace;
  • “On Demand Delivery” means a Delivery Option where the Order is delivered to you on the same day as you place the Order, or within the time period selected by you;
  • “Order” means an order for Goods, placed on the Website, but excluding any part of an order that relates to Marketplace Goods;
  • “Parcel Delivery” means a Delivery Option where the Order is delivered to you by our courier but is not a Home Delivery or On Demand Delivery;
  • “Password” means the password needed to access your Account;
  • “Pre-Orders” means an Order placed for a product (e.g. CD, DVD, Blu-ray disc, computer game or console game) prior to the official release date of that product;
  • “Premises” means the premises specified by you for delivery;
  • “Privacy Policy” means the privacy policy available on the Uwant Australia Website, which is incorporated into, and forms part of, these Terms and Conditions;
  • “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;
  • “Selected Delivery Option” has the meaning given in Section 10.1; and
  • “Website” means the Uwant Australia Website or Direct Website (as applicable).

2. Your legal rights under the Consumer Guarantees provided by the Australian Consumer Law

2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified.

2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Uwant Australia for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and:

(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request Uwant Australia remedy the failure within a reasonable time and if Uwant Australia fails to do so (by repairing the goods, replacing the goods or providing you with a refund);

(i) you may recover all reasonable costs you incur in having the failure remedied; (ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from Uwant Australia; or

(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and Uwant Australia for the supply of the service or recover from Uwant Australia compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request Uwant Australia to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from Uwant Australia all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Uwant Australia for the provision of the service.

2.3 As set out in the Introduction section above, these Terms and Conditions do not apply to any orders for Marketplace Goods, because Marketplace Goods are sold by Marketplace Partners and not by Uwant Australia. Please refer to the Uwant Australia Marketplace Terms of Sale for the terms and conditions that apply to Marketplace Goods and orders for Marketplace Goods (including a summary of your rights against a Marketplace Partner if Marketplace Goods you buy from them fail to comply with consumer guarantees available to you under the Australian Consumer Law).

3. Information about Uwant Australia’s liability to you

3.1. Except to the extent caused by Uwant Australia’s negligence or breach of these Terms and Conditions, or as otherwise required by law, Uwant Australia shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Uwant Australia; (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by Uwant Australia; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of Uwant Australia; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store beyond the reasonable control of Uwant Australia; (viii) any delay in you receiving any refund due to you beyond the reasonable control of Uwant Australia; (ix) any late, lost or misdirected deliveries of Goods beyond the reasonable control of Uwant Australia; (x) Uwant Australia leaving the Goods in accordance with any “authority to leave” given by you, (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control.

4. Pricing & taxes

4.1 Prices for Goods are as shown on the Website.

4.2 Uwant Australia reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Uwant Australia.

4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Uwant Australia will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Uwant Australia will cancel your Order. Uwant Australia will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

4.5 If Uwant Australia agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

5. Your Account for Orders placed on the Uwant Australia Website

5.1 If you do not already have an Account you will need to create one before placing an Order on the Uwant Australia Website, unless you utilise the “Guest Checkout” feature of the Uwant Australia Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.

5.2 Please note that when you create an Account on the Uwant Australia Website, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. By creating an Account on the Uwant Australia Website you are not agreeing to subscribe to marketing communications from Marketplace Partners. You will receive communications from a Marketplace Partner which are associated with your order for Marketplace Goods. If you have concerns about a Marketplace Partner’s use of your information please submit a privacy enquiry.

5.3 You may not set up an Account for someone else.

5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to Uwant Australia that all information provided by you in relation to your Account is complete, true and accurate.

5.5 You must notify Uwant Australia immediately if you become aware of any actual or potential unauthorised use or access of your Password or Account.

5.6 Uwant Australia may, in its sole discretion, terminate or suspend your Account if Uwant Australia believes, acting reasonably and in good faith, that this is necessary to protect you or Uwant Australia from fraud or other unlawful or unauthorised use.

6. Orders

6.1 You can place an Order by following the instructions on the Website (including via a link sent to you from the Direct Website).

6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Uwant Australia may accept or reject your offer in its absolute discretion. In particular, but without limitation, Uwant Australia may reject Orders for commercial quantities of Goods or if it reasonably suspects fraud or that you may be purchasing the Goods for resale purposes. If you wish to order commercial quantities of Goods please contact sales@uwant.au.

6.3 Each Order that you place will, if accepted by Uwant Australia, be a separate and binding agreement between you and Uwant Australia with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Uwant Australia with their personal information and, by placing an Order, you confirm to Uwant Australia that you have done this.

6.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Uwant Australia that you are:

(a) 18 years of age or older, where you Order products that are classified R18+;

(b) 15 years of age or older, where you Order products that are classified MA15+.

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

6.6 For “Factory Scoop” Goods, a limit of one per customer applies.

6.7 Please ensure that you enter all information carefully when placing an Order. You warrant to Uwant Australia that all information provided by you in relation to each Order is complete, true and accurate.

6.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Uwant Australia. Uwant Australia will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.9 Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

6.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Uwant Australia cannot consolidate separate Orders into one delivery.

6.11 Where you order multiple items in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. However, in these circumstances you will only pay one Delivery Charge.

6.12 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Uwant Australia.

6.13 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

7. After you have submitted an order/payment

7.1 When you submit an Order you will receive an Order reference number via e-mail.

7.2 Uwant Australia will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by Uwant Australia when Uwant Australia does this, however, Uwant Australia may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Uwant Australia cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

7.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 7.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Uwant Australia Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.

7.4 When Uwant Australia accepts an Order it represents an agreement by Uwant Australia to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

7.5 You must pay for Goods by credit card, certain prepaid payment cards, or PayPal account. Additionally:

(a) when you place an Order on the Uwant Australia Website, you may also pay for Goods using Shopify Payments

Please note you may not use these additional payment methods to pay for Gift Cards or any other third party gift cards/vouchers.

7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Uwant Australia may refuse to accept your order or ask you to provide additional information (for example, to verify your identity) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise Uwant Australia to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.

7.7 Uwant Australia reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion (including by temporarily making available additional payment methods from time to time on a trial basis).

7.8 Uwant Australia may not be able to, or may decline to, accept payment from you by your nominated payment method:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution or other payment provider has declined payment;

(c) because your payment card has expired;

(d) where technical difficulties impact our ability to process payment; or

(e) in any other situation if Uwant Australia believes, acting reasonably and in good faith, that this is necessary to protect you or Uwant Australia from fraud or loss.

Where this is the case, Uwant Australia reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, to verify your identity) or arrange payment by another method.

7.9 When you submit an Order, Uwant Australia may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

7.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

8. Cancellation of Orders

8.1 Uwant Australia reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:

(a) Uwant Australia, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil your Order within a reasonable time;

(b) an event beyond Uwant Australia’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that Uwant Australia is unable to supply the Goods within a reasonable time;

(c) Goods or services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image;

(d) you ask Uwant Australia to cancel your Order in accordance with section 6.8;

(e) in the circumstances set out in Sections 4.4 or 7.8.

(f) your Order exceeds any specified purchase limits for the Goods; or

(g) Uwant Australia reasonably suspects fraud or that you may be purchasing the Goods for resale purposes.

8.2 You may cancel your Order where Uwant Australia:

(a) has breached a material term of this Agreement; or

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

8.3 Where Uwant Australia cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

8.4 In the event of Uwant Australia or you cancelling your Order after payment has been processed, Uwant Australia will refund any money paid in respect of that Order. Section 15 of these Terms and Conditions sets out further information about refunds.

9. Availability of Goods/Refurbished stock

9.1 As Uwant Australia is dependent upon its suppliers to provide stock, Uwant Australia cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Uwant Australia reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Uwant Australia is unable to fulfil your Order, you will be notified as soon as possible.

9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

10. Delivery

10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). An estimated delivery time will be listed for your Selected Delivery Option. Uwant Australia will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.3 Goods will generally only be delivered to addresses within Australia. Uwant Australia is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Uwant Australia may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

10.4 Following dispatch of your Goods, Uwant Australia will email you with confirmation of dispatch and an invoice for your Order.

Parcel Delivery

10.5 Where requested, Uwant Australia will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Uwant Australia will call you to arrange an alternative delivery address.

10.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;

(c) take your Goods to a Uwant Australia nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(d) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods.

Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.

10.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Uwant Australia will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

Pre-Orders

10.10 Uwant Australia’s arrangements with its suppliers means that Uwant Australia is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:

(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or

(b) within 7 days prior to the official release date may only be despatched on or after the official release date. If you have chosen to pick up those Goods in store, the Goods may only be available to pick up at your nominated collection store after the release date.