Terms and Conditions
In this terms and conditions, the word "we", "our", "us", "Himark Computers" will be referring to Himark Computers (ABN: 92 602 890 906) and the word "you" will be referring to you the customer.
By placing an order with Himark Computers (ABN: 92 602 890 906), you are entering a legal binding contract between yourself as a customer and Himark Computers (trading under himarkcomputers.com or associated ebay accounts) as your supplier of product and services, agreeing and accepting to the terms and conditions set out.
These terms and conditions will be governed by construed in accordance with the laws of New South Wales, with both parties subject to the non-exclusive jurisdiction of the courts of New South Wales. These terms and conditions cannot be changed unless agreed by Himark Computers in writing or in email form.
Ordering of Products
You must be at least 18 years of legal age to order products from Himark Computers. By agreeing to the terms and condition and ordering from us, you are acknowledging that you are 18 years old or above. When an order is placed, you have made an offer to purchase the item offered on our website and agreeing to our terms and conditions. This is an invitation to treat, which at this point, no information on our website constitutes an offer by us to supply any products yet. Your offer will be accepted only when we have notify you by email that your order has been confirmed along with a tax invoice. Himark Computers and its affiliates reserve the right to refuse service, terminate service, remove or edit contents or cancel order in their sole discretion. If your order cannot be accepted or processed, you will be contacted by email or phone.
Currency, GST and Price
All Prices of products sold in the website of Himark Computers are using Australia Dollars and are inclusive of GST. All prices are not inclusive of shipping cost with shipping cost shown separately which is calculated and priced based on your location. We reserve the right to change the price on our displayed products at any time. This is one of the ways we update and keep our prices competitive all the time.
Payment will only be processed when all necessary information is provided. Please make sure you have assisted in providing the correct information on all necessary fields.
Our normal business hours are between Monday to Friday 9:30am – 6pm, excluding NSW public holidays. Therefore, orders made during the weekend or public holiday will not be processed until the next business day.
PayPal and Credit card payments are processes instantly the moment you click confirm order button. If the payment has been processed, verified and confirmed by PayPal, we will send you a payment confirmation email with the tax invoice attached.
Dispatch and Delivery
If you are registered user, you can login to your account to view the current status of your order till the point it is dispatched. Most of our items will be dispatch within the next business day. When our orders are dispatched, you will receive an auto-generated email from us indicating the courier company we used, as well as the associated tracking number. Delivery can take up to 10 working days from the date of payment receipt confirmation, depending on your location. If you did not receive the item within the delivery period and the tracking number provided is not helping, please contact us. All items will be delivered to the provided address unless otherwise agreed by us. If no one is around to collect the parcel when Australia Post delivered it, a pick up card will be left in the mailbox notifying you that the item is ready to be collected at the nearest post office. If no one is available for pick up when other courier carrier arrives, a calling card will be left behind so that you can arrange another suitable date and time for delivery. Himark Computers will take reasonable care to deliver our products to you within the estimated delivery time frame provided in our listing. However, we do not guarantee that the item will be delivered within this time frame.
Altering or Cancellation of Orders
An order cannot be altered or cancelled without prior written approval from Himark Computers. Changing of delivery address, requesting to changing of product ordered to another product after you paid are examples of alterations that need prior approval from us. You may not assume that we have to do so upon receiving your request. We reserve the right to approve or reject any alterations or cancellations of orders requested by you base on your reasons, whether the time you provided for us to make the alteration or cancellation is reasonable and presence of any delay from our side causing this cancellation.
Promotions by Himark Computers are deemed to be finished when stock runs out or the promotion period expires, whichever comes first.
All products sold by Himark Computers and affiliates come with a warranty (with the exception of consumable products or software) with the period stated in the listing. The warranty warrants you that the product you receive is in good and working condition to serve its purpose as specified by manufacturers or us in the listing.
Any defective products purchased from Himark Computers and affiliates, that fall within the warranty period provided will be covered, unless they fall within the following conditions:
- Physical Damage on the product not caused in the event during transit (DOA) but caused during mishandling, incorrect use of product for its purposes, improper installation of product, by accident, insect or vermin infestation, improper method or failure to maintain service and handle the item with reasonable care.
- The product has been modified using unauthorised methods. Any modifications on the product including physical and software modifications using 3rd party unauthorised software such as 3rd party firmware updates will void the warranty of products.
- The warranty seal or serial number of the item has been tampered.
- The item has been serviced by another party other than himarkcomputers.com
Full Terms and Conditions of Warranty details can be found in our warranty returns policy. It is acknowledged that you have are aware and have accepted this term and conditions in purchasing our products.
Refunded credits may occur in situation such as change of mind returns, replacement of product, RA credit returns, revise of order, replacement of order. Refunded credits are eligible to be used to make payments for orders. Refunded credits are applied towards the payment before any other form of payments. Any excess of refunded credits can be used for subsequent order. Any balance remaining on the order after applying the refunded credits in your account, need to be paid off using other payment methods mentioned above in the payment methods section. If you have other forms of credit in your account, both can be used to pay off the balance of the order and any excess will need to be paid off using other payment methods mentioned above in the payment methods section.
Change of Mind Returns
Change of mind returns will only be eligible for an exchange of product or a credit refund in the form refunded credits as explained in our warranty returns policy. The full terms and conditions for change of mind returns is explained in our warranty returns policy. It is acknowledged that you have are aware and have accepted this term and conditions in purchasing our products
1. Privacy Statement
1.2 Personal information is defined in the Privacy Act 1988 (Cth) and means information or an opinion about an identified individual, or an individual who is reasonably identifiable.
2. Collection of Personal Information
2.1 Himark Computers only collects personal information for the purposes of conducting our business as an online retailer and trader. The personal information we collect from you will include information you give us when you:
(a) Register or subscribe to our Website;
(b) Complete a transaction with us; and
(c) Contact us.
2.2 The personal information that we collect on individuals may include, but is not limited to:
(a) Your name;
(b) Your contact details including your email, home address and billing address;
(c) Your payment details; and
(d) Other personal information that we collect in the course of a transaction or that you provide to us when you contact us.
2.3 We may collect personal information from individuals who are not customers of our business but whose personal information is given to us by those individuals via our Website (including Help Centre) or in the course of a transaction.
2.4 Where reasonably practicable, we attempt to collect information directly from individuals. When we collect information, we will generally explain to the individual why we are collecting it, who we give it to and how we will use or disclose it or, alternatively, those matters will be obvious from the circumstances.
2.5 If we collect information about an individual from someone else, we will take reasonable steps to ensure that the individual is made aware of the matters listed in clause 2.4.
2.6 We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way.
By using the website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information:
(a) Your computer's operating system;
(b) Your computer's browser type and capabilities;
(c) Your computer's Internet Protocol (IP) address and geolocation;
(d) Web pages visited, including how you were referred to each web page; and
(e) Web page usage statistics, including the time spent on each web page.
In addition, third parties may place and read cookies on your browser, or use web beacons or similar technologies to collect information, including, where applicable, for the Google Trusted Stores program.
Cookies can be managed by accessing the individual settings in your browser.
2.8 We will not identify users or their browsing activities, except where required by law or in accordance with our Terms and Conditions of Use and Sale.
3. Using and Disclosing Your Personal Information
3.1 We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorized by law.
3.2 Generally, we use and disclose your personal information for the purpose of providing you with the goods or services that you have requested, or otherwise to enable us to carry out our business as an online retailer of goods and services.
3.3 If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected.
3.4 We will generally only use personal information for marketing if you have given express or implied consent or it is impracticable to seek consent before this use.
3.5 When registering with Himark Computers, you consent to Himark Computers using your personal information, such as your email address, for direct marketing purposes. This includes sending you deal emails. You may opt out of receiving these direct marketing communications at any time. Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
3.6 We may share your information with other members of the Himark Computers.
3.7 We may also provide your information to third parties that provide services to us, including third parties that provide our payment gateway, marketing, logistics and technology support services. This may include providing your information to third parties that are located outside of Australia. Where your personal information is transferred outside Australia (including the USA, UK, Hong Kong, the Philippines and the EU), we will do so in accordance with APP 8.
4. Security of Your Personal Information
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted.
5. Access to Your Personal Information and Complaints Procedure
5.1 Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect and hold about you.
5.2 Generally, subject to the exceptions of APP 12.3, we will allow an individual access to the personal information we hold about them within a reasonable time after it is requested. When requesting such access please identify the precise type/s of information requested. You may make a
request by contacting our Help Centre or by writing to us at: Privacy Inquiries, Himark Computers, 282 Princes Highway, Sylvania, NSW - 2224.
5.3 We take those steps reasonable in the circumstances to ensure that the personal information that we collect or use and disclose is accurate, up to date and complete. Where an individual requests to correct information, we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause 5.2 above.
5.4 To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your personal information, you may contact our Help Centre or write to us at the address provided in clause 5.2 above. We will endeavor to respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding privacy from the Office of the Australian Information Commissioner.
Himark Computers and its affiliates will not be liable for any loss of income, loss of profits, loss of contracts, loss of data, or any indirect loss of damage or consequential loss in any event including negligence or breach of contracts. The maximum liability for any product we sell to you shall be equal to the price your paid for the product, and no higher value than that.
Himark Computers do not accept liability for the following conditions, to the extent permitted by applicable laws:
- Any damage or injury of any nature caused when using our purchased product, whether in the correct or incorrect way.
- Any errors in our listing
- Any unauthorised access to our secure server
- Any warranty policies or representations regarding the quality, accuracy, merchantability, or fitness for purchase of any product maintained by non affiliated website that are link to our website, including manufacturer’s website
- Any spyware, viruses, trojan horses or other harmful codes transmitted to the website by any third party.
Statutory and Warranty
Statutory conditions and warranties apply. The terms and conditions stated do not exclude the application of those statutory conditions and warranties. For more information on your consumer rights please visit www.accc.gov.au.