FactoryFast.com.au Terms and Conditions from 1
(*These terms and conditions apply to all products
purchased after 1 January 2011. For products purchased prior to 1 January 2011, FactoryFast's previous
terms and conditions apply)
Read these Terms and Conditions carefully
Read the following Terms and Conditions carefully. If you do not agree with or accept these Terms
and Conditions, please leave the FactoryFast.com.au site now.
In respect to the Terms and Conditions, "we," "us," and "our" are defined to mean
FactoryFast.com.au, ABN 87 115 310 908 located in Matraville, NSW 2036, Australia.
"You" is defined to mean you the user of the site and customer of FactoryFast.com.au.
"The website" is defined to mean the FactoryFast.com.au website found at
Along with your purchase order, these Terms and Conditions form a contract between
FactoryFast.com.au and you. This contract may not be changed unless FactoryFast.com.au consents to any
change in writing.
Confirmation of Legal Age
By placing an order, agreeing to the Terms and Conditions, and creating a contract with us, you
confirm that you are at least eighteen years of age. If you are less than 18, you cannot place orders
with us. If FactoryFast.com.au suffers any loss, financial or otherwise, because you are less than 18
and you placed an order with us, FactoryFast.com.au may, in its discretion, pursue compensation for
such a loss from your adult parent(s) or legal guardian(s) because you attempted to engage in a
transaction with FactoryFast.com.au.
We only supply products to locations within the Commonwealth of Australia. FactoryFast.com.au does
not make any sales or deliveries to places outside of Australia.
You place an order by
1) agreeing to these Terms and Conditions, and
2) completing an order form on the FactoryFast.com.au website.
Completion of the order is confirmed by your pressing the "Confirm" button on the order form. By
pressing "Confirm," you confirm your agreement to the Terms and Conditions, and you confirm your desire
to purchase the products you have selected in the transaction contained in the order. You will be
issued an order number after your order has been successfully processed.
The FactoryFast.com.au website and product information sets up an invitation to treat. The website
and product information is not an offer to supply products; however, in the event of an order,
FactoryFast.com.au will make every reasonable effort to supply the products in your order to you.
After your order is placed, you will receive notification, via an Order Confirmation email, of the
processing of your order. Your order will not be legally accepted by us, and a contract will not
created between us and you, until your order is validated internally and verified to be free of credit
card or other identity fraud. We reserve the right to refuse to fulfil your order, end your account,
remove content including product information, from our website, and otherwise cancel orders.
When your order has shipped, you will be notified via email. If, after your payment is received,
your order cannot be processed and/or shipped, you will be contacted via email or phone.
Methods of Payment, and Payment Processing
The following methods of payment are currently accepted: Visa, MasterCard, BPAY, PayPal and
Australia Post Money Order.
Your payment will not be processed until your purchase order is completely verified. Orders that are
placed on weekends (Saturday and Sunday) or any publicly-recognized holidays will not be processed
until the following business day. Our business days are defined as Monday through Friday with the
exception of publicly-recognized holidays.
Credit Cards: We are not able to accept credit cards from non-Australian banks or lenders. Please
note that the use of debit or cheque cards may delay your order, as these cards may be have spending
limits. With your credit card order, a tax invoice will be emailed to you along with an order
confirmation. This tax invoice will be your proof of purchase.
BPAY: If your BPAY payment is not received by FactoryFast.com.au seven days after your order
confirmation, we reserve the right to cancel your order.
PayPal: With your PayPal order, a tax invoice will be emailed to you along with an order
confirmation. This tax invoice is your proof of purchase.
Australia Post Money Order: If your Australia Post Money Order is not correctly made-out-to
FactoryFast.com.au and/or is not received seven days after your order confirmation, we reserve the
right to cancel your order.
All Orders: For security purposes and as part of FactoryFast.com.au's commitment to combat credit
card and identity fraud, you may be asked to provide further identification or other information
related to your order before your order is processed.
Estimated delivery time for your product(s) will be displayed on your checkout screen. Furthermore,
the latest delivery status for your product(s) will be displayed in your "My Account" menu.
Please allow 10 business days (excluding weekends and publicly-recognized holidays) from your order
confirmation and payment processing until the delivery of your product.
For BPAY & Australia Post Money Order payments, please allow an additional 1 to 2 business days for
the order to be processed. FactoryFast.com.au makes every effort to honour the estimated delivery time
in regard to your product(s). However, estimated delivery times may be subject to circumstances outside
of our control. If your delivery window has passed and you have not received your product(s), please
contact FactoryFast.com.au Customer Service for the latest status of your product(s) delivery.
For all of our products, we use Australia Post eParcel or Toll IPEC Couriers.
All deliveries will be made to the ground floor of your residence only by a single delivery driver. Should your item be of a large or overszied nature you will need to provide assistance to the driver. Any redeliveries or two man deliveries required due to your inability to assist will be charged at your expense. Should the item be returned due to insufficient assistance at time of delivery for large or oversized items, you will be refunded the item price only minus the return charges.
Australia Post eParcel and Toll IPEC Couriers will deliver to the address you have specified as your
"Shipping Address" on your order. In the case that Australia Post eParcel or Toll IPEC Couriers arrives
at your office or residence and no one is available to take receipt of your package(s), Australia Post
eParcel or Toll IPEC Couriers will leave a card with instructions for how to organise another pickup
time. While FactoryFast.com.au makes every effort to deliver your package(s) within the estimated
delivery time window, we cannot guarantee delivery. Upon delivery, title and all risk of loss pass to
you the customer and new owner.
My Account - Credit Types and Use
Your "My Account" interface kept with FactoryFast.com.au may be linked with certain types of credit
for use on the FactoryFast.com.au website. You may only use this credit as defined in these Terms and
Conditions. There are three (3) different types of credit:
1. "Store Credit"
Subject to our discretion, FactoryFast.com.au may issue you with "Store Credit" periodically. Store
Credit may only be used towards the purchase of products listed on the FactoryFast.com.au website. One
(1) Factory Fund Store Credit is equal to one (1) dollar, for the purposes of product purchases on the
FactoryFast.com.au website. Store Credit has no value anywhere else except the FactoryFast.com.au
website and cannot be redeemed from FactoryFast.com.au for real money.
When you place an order, you may elect to apply any Store Credit in your "My Account" towards your
purchase. In the event that you have more Store Credit than is required for the purchase, your
remaining Store Credit will be reserved in your "My Account" for future purchases. In the event you do
not have enough Store Credit for the full purchase price of your order, your Store Credit will all be
applied to your purchase and you will need to apply other credits or another payment type (as listed
above in "Methods of Payment, and Payment Processing") to satisfy the remaining balance of your
Subject to FactoryFast.com.au's discretion, we may periodically issue you with discount coupons.
These coupons may only be used towards the purchase of the products listed, from time to time, on the
FactoryFast.com.au website. Coupons have no value anywhere else except the FactoryFast.com.au website
and cannot be redeemed from FactoryFast.com.au for real money. Coupons are subject to both these Terms
and Conditions, and the Terms and Conditions listed on the coupon itself, including but not limited to
the discount amount, expiration date, and purchase restrictions. FactoryFast.com.au reserves the right
to interpret the Terms and Conditions of an individual coupon and apply it in the manner we best see
When you place an order with a coupon, the coupon discount is first applied to the price of your
order. At that point, there may be a remaining balance to be satisfied. You may elect to apply any
Store Credit in your "My Account" towards the purchase, (as described above in the section entitled
"Store Credit"). In the event you do not have enough Store Credit for the full purchase price of your
order, your Store Credit will all be applied to the order and you will need to apply other credits or
another payment type (as listed above in "Methods of Payment, and Payment Processing") to satisfy the
remaining balance of your order.
We recommend that customers choose carefully before buying as no returns are permitted where the
buyer is simply unhappy with their purchase or has changed their mind.
With all products supplied by FactoryFast.com.au, manufacturer warranties and existing statutory
conditions apply (Please note items sold are for personal use only in regards to all warranty claims.), and are not superseded or overwritten by these Terms and Conditions. You may visit
the ACCC website at www.accc.gov.au for additional information on your consumer rights.
While FactoryFast.com.au makes every attempt to list accurate and current product information, price
information, and all other information, there may be the occasional typographical error. We cannot be
held liable for such typographical errors. We reserve the right to refuse to honour an order based upon
any misunderstanding arising from such typographical errors.
Prices are Subject to Change
FactoryFast.com.au makes every effort to list accurate and current prices on the website at all
times. However, you should note that prices are subject to change without notice. FactoryFast.com.au
reserves the right to change any price/s on the FactoryFast.com.au site without notice.
Goods and Services Tax
Pursuant to the tax regulations governing Australia, all purchases made on the website are inclusive
of the Goods and Services Tax, or GST.
Order Changes and Cancellations
FactoryFast.com.au strongly urges you to please choose carefully and only place your order when you
are completely ready. Once an order has been put through, FactoryFast will charge a fee of $15 per
change or amendment to the order (including address changes and product colour changes) or for the
cancellation of the order under all circumstances.
If an order is rejected by you, and you would like to cancel the order, a refund will be made for
the order total not including postage. FactoryFast.com.au will charge you a $30 restocking fee as well
as the postage fee to have the item returned. The postage fee charged will be equal to the original
In all cases of product returns, a Return Authorisation or "RA" number must accompany the returned
product. Customer Service will issue a RA number to you after determining that a product is returnable.
Returned products cannot be accepted or processed without an RA number. Returned products should be
physically delivered back to FactoryFast.com.au within 30 days of your receipt of the RA number.
Returned products packages must include the original packaging (if possible)and all accompanying user
manuals and documentation, and any included accessories and/or parts. If after examining the returned
product and the unit is found not to be faulty, the customer may be liable for the payment of a $30 fee
for handling charges and administration fees.
Dead On Arrival (or "DOA") Products
A delivered product is determined to be DOA if it is not of acceptable quality when first removed
from its original packaging. FactoryFast.com.au Customer Service will make a DOA determination with
reference to the relevant legislation contained in the Competition and Consumer Act 2010 (formerly
known as the Trade Practices Act 1974).
In the case of a DOA determination, FactoryFast.com.au will issue a full refund or a replacement to
you for a DOA product if there has been a major failure. You have the discretion as to whether you
receive a full refund or a replacement product in the event that there has been a major failure.
A major failure is defined as a product which:
has such a serious failure that, if you had been aware of the failure prior to purchase, you would
not have made the purchase;
differs significantly from the descriptions given on the FactoryFast.com.au website;
is substantially unfit for the purpose for which the goods are generally used or for a purpose which
you have made known to FactoryFast.com.au prior to purchase; or
is an unsafe product.
If the product is not of acceptable quality but only has a minor failure (defined as any failure
which is not a major failure), FactoryFast.com.au has the discretion to offer you either a full refund,
to repair the product or give you a replacement product.
In the case of either a major or minor failure, FactoryFast.com.au will be responsible for the costs
of you returning the product to FactoryFast.com.au.
Should a product not be determined to be DOA, FactoryFast.com.au reserves the right to refuse to
refund or replace the product. A replacement product becomes yours upon delivery. In the case of a
refund or replacement product, the DOA-determined product becomes the property of FactoryFast.com.au
when it has been determined to be a DOA-determined product by us.
Dead Shortly Following Arrival (or "DSFA") Products
If, after a reasonable amount of time after successful product delivery (usually 30 days) you find
that your product is not of acceptable quality, contact Customer Service. If Customer Service
determines your product to be DSFA as not being of acceptable quality and having a major failure (as
defined above), FactoryFast.com.au will issue a full refund or a replacement of the DSFA product. You
have the discretion as to whether you receive a full refund or a replacement product in the event that
there has been a major failure. If the product is not of acceptable quality but only has a minor
failure, FactoryFast.com.au has the right to offer you either a full refund, to repair the product or
give you a replacement product.
Should a product not be determined to be DSFA, FactoryFast.com.au reserves the right to refuse to
refund or replace the product. A replacement product becomes your property upon delivery. In the case
of a refund or replacement product, the DSFA-determined product becomes the property of
FactoryFast.com.au when it has been determined by us to be a DSFA-determined product.
Defect Later-On (or "DLO") Products
A delivered product is determined to be DLO if it is not determined to be DOA or DSFA, and it is
determined to not to be of acceptable quality after a reasonable time of your owning the product.
"Reasonable time" is defined as the length of time in which it is reasonable to expect a product to
be free of problems or defects, taking into consideration such factors as price, quality, and degree of
If Customer Service determines your product to be DLO, as not being of acceptable quality and having
a major failure (as defined above), FactoryFast.com.au will issue a full refund or a replacement of the
DLO product. You have the discretion as to whether you receive a full refund or a replacement product
in the event that there has been a major failure. If the product is not of acceptable quality but only
has a minor failure, FactoryFast.com.au has the right to offer you either a full refund, to repair the
product or give you a replacement product.
If Customer Service determines that a product not DLO, FactoryFast.com.au reserves the right to
refuse to replace or refund the product. A replacement product becomes your property upon delivery. In
the case of a refund or replacement product, the DLO-determined product becomes the property of
FactoryFast.com.au when it has been determined by us to be a DLO-determined product.
Many of our products are sold with a manufacturer's warranty, in the event of defect. Many of our
products are also accompanied by the promise of such services as Customer Support for technical
troubleshooting or other issues. We encourage our customers to fully understand and take advantage of
manufacturer warranties and promised Customer Support services. Should the manufacturer warranty and/or
Customer Support services fail to rectify any problem, FactoryFast.com.au is prepared to issue a
replacement product or provide a full refund of the purchase price in accordance with the preceding
sections of these Terms and Conditions.
Physical Return of Products
In the case that you and FactoryFast.com.au Customer Service have come to an agreement regarding the
payment of a full refund or a replacement product for a product determined DOA, DSFA, or DLO, you must
physically return the DOA, DSFA, or DLO product back to FactoryFast.com.au. A Return Authorisation or
RA number will be issued to you for this return, in the form of a PDF voucher. You must affix this RA
voucher to the returned product. Products should be returned at your local Australia Post Office.
FactoryFast.com.au will pay for the return deliveries of DOA or DSFA or DLO items, where it has been
determined that the product was not of acceptable quality. In any other case, you may be charged for
the cost of returning the product and related administration charges.
In the case of DOA, DSFA, or DLO return determinations when you have opted for a replacement
product, we will ship the replacement item to you (at our delivery cost) after we have received the
DOA, DSFA, or DLO product from you, along with the RA number that Customer Service has provided you.
Please allow similar delivery times for replacement products as for original products, as outlined in
these Terms and Conditions. Replacement products are covered by the same warranties and return policies
as stated in these Terms and Conditions.
Special Limitations - Computer Hardware
FactoryFast.com.au can in no way be held responsible for any damage to or loss of any data,
applications, programs, or other information stored on any electronic or computing products we offer
for sale on the website. Recovery of any such data is not expressly covered under any
FactoryFast.com.au warranty. In the event of an electronic or computing product that is returned to us
for refund or a replacement product, FactoryFast.com.au can in no way be held responsible for any data
left on any electronic or computing product which has been returned to us for refund or replacement. It
is your obligation before sending any such electronic or computing products to us to carry out all
necessary backups of any data or other information contained on the electronic or computing product
FactoryFast.com.au cannot be held responsible for any damages, whether direct or indirect,
incidental or consequential, arising from the sale of an electronic or computing product, including but
not limited to the loss of personal or business profits, "downtime," loss of goodwill or business
opportunities, damage to equipment, costs of data or systems recovery, reproducing lost data or
programs, or loss of confidentiality. FactoryFast.com.au does not guarantee that the repair,
replacement, or refund of any electronic or computing product comes without risk to the integrity of
data, programs, or other digital data.
When you place your order, and agree to these Terms and Conditions, you agree to the storage,
processing, and use of personal and related data from your order for the express purpose of processing
your order and shipping it to you. At the time of your order, by selecting the appropriate option on
your order form, you may agree to the use of your personal data (to the exclusion of credit card or
other payment processing details) for the express purpose of providing you periodic notifications of
sales, specials, or other information on FactoryFast.com.au products for sale. This may be in the form
of e-mail alerts, newsletters, and similar. If you do not agree to this use of your data, you may "opt
-out" of these product notifications by selecting the appropriate option on your order form.
You have the right to a copy of your personal data in our possession. To obtain such a copy, for
which FactoryFast.com.au may elect to charge an administration fee for the processing of any request,
you may submit a request in writing to FactoryFast.com.au.
Statement on Identity Fraud
FactoryFast.com.au has incorporated state-of-the-art security measures to protect the sensitive data
on our website, including your credit card information and personal data. FactoryFast.com.au is a
GeoTrust protected, SSL Certified secured website that utilises high-level 128-bit SSL encryption. This
high-level tool encrypts all the personal and payment information before transmitting over the
Internet. This is done to protect you from the unauthorized use of your personal information that is
transmitted to servers.
While we take every precaution, FactoryFast.com.au cannot be held responsible for any damage or
loss, direct or indirect, that results from fraudulent credit card use on our website.
If any section of these Terms and Conditions is unenforceable, the other sections of these Terms and
Conditions are unaffected and remain in force.
Any failure to enforce these Terms and Conditions, in whole or in part, on our part or your part,
does not affect the enforceability of these Terms and Conditions in the future.
No Right to Assign
You do not have the right to assign any of your obligations or rights under these Terms and
Conditions, directly or indirectly and in whole or in part, to any other person or entity without the
prior written consent of FactoryFast.com.au. The unauthorised assignment of any such obligations or
rights will be considered null and void.
FactoryFast.com.au cannot be held liable for damage or loss for failing to perform any of its
responsibilities and obligations, as defined in these Terms and Conditions and in the contract created
by a product order, if such failure is the result of any factor which is outside its control, including
acts of God. Acts of God include, but is not limited to. fire, flood, earthquake, storm, hurricane or
other natural disaster, war, invasion, revolution or insurrection, terrorism, government-imposed
sanction, labour dispute, and interruption of telephone, electrical, or Internet services. In the event
that any such Act of God occurs, you grant us a reasonable time to perform our services and obligations
in accordance with these Terms and Conditions.
Statement of Liability
FactoryFast.com.au excludes liability for all consequential loss arising from use of any Products
purchased by you from FactoryFast.com.au, including liability for loss of income, loss of profits, loss
of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal
property or any personal injury, whether direct or indirect, of any kind, unless:
(a) such loss could have been expected to result from a failure by FactoryFast.com.au to meet a
consumer guarantee and any such loss was reasonably foreseeable; or
(b) where FactoryFast.com.au is the manufacturer or importer of the relevant Product, such loss has
arisen due to the relevant Product having a safety defect within the meaning of section 9 of the
Australian Consumer Law and further that none of the defences established by section 142 of the
Australian Consumer Law apply to the relevant Product/s.
Nature of the Terms and Conditions
FactoryFast.com.au reserves the right to amend these Terms and Conditions at any time. The
contractual relationship between you and us is governed by whichever version of these Terms and
Conditions was posted at the time of the placement of your order.
No third-party, including employees or agents of FactoryFast.com.au, has the authority to alter any
of these Terms and Conditions for a particular sale or sales.
These Terms and Conditions are governed by the laws of New South Wales, and are subject to the
jurisdiction of New South Wales court system.