Terms and Conditions for Goods and Services sold by The Inner Geek from https://www.theinnergeek.com.au/

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and The Inner Geek (ABN 15 766 412 718) and apply to the ordering purchase, fulfillment and delivery of goods (“Goods”) and services (“Services”) from The Inner Geek 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, fulfillment and delivery of Goods and Services.

1. DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on this Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“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 or Services you are purchasing and your delivery address. Delivery options may include standard delivery or express delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“Order” means an order for Goods or Services, placed on this Website;

“Password” means the password needed to access your Account;

“Restricted Goods or Services” means Goods or Services which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

“Website” means https://www.theinnergeek.com.au/.

2. YOUR LEGAL RIGHTS

Your purchase of Goods or Services will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods or Services must be of acceptable quality, reasonably fit for the purpose that The Inner Geek represent they will be fit for, and that the Goods or Services will correspond with any relevant description. Nothing 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 implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. PRICING

3.1 Prices for Goods and Services are as shown on the Website.

3.2 The Inner Geek reserves the right to change the prices of Goods or Services 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 The Inner Geek.

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

3.4 In addition to the price for the Goods and Services 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 “Australia Post” 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 The Inner Geek will contact you by e-mail 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, The Inner Geek will cancel you order and refund any monies paid via the same payment method used to pay for the order.

3.5 By placing an Order you agree to pay the price for the Goods or Services, any Delivery Charge, and any Additional Delivery Charge.

3.6 All prices, Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST. For any New Zealand orders, the GST component will be removed automatically.

4. YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

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

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to The Inner Geek that all information provided by you in relation to your Account is complete, true and accurate.

4.4 You must notify The Inner Geek immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify The Inner Geek, whether in contract, negligence or any other tort, equity, restitution, strit liability, under statute or otherwise at all.

4.6 If The Inner Geek suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify The Inner Geek then you must pay The Inner Geek the amount of that loss, damage, cost or expense if The Inner Geek asks you to.

5. ORDERS

5.1 You can place an Order by following the instructions on the relevant The Inner Geek website.

5.2 An Order submitted by you is an offer by you to purchase the Goods or Services for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. The Inner Geek may accept or reject your offer in its absolute discretion. In particular, but without limitation, The Inner Geek may reject Orders for commercial quantities of Goods or Services. If you wish to order commercial quantities of Goods or Services please Contact Us.

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

5.4 If you place an Order for someone else to receive the Goods or Services you must obtain their consent before providing The Inner Geek with their personal information and, by placing an Order, you confirm to The Inner Geek that you have done this.

5.5 Sale of Restricted Goods or Services is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods or Services you warrant to The Inner Geek 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 or Services you warrant that you are not obtaining the Restricted Goods or Services on behalf of a person that is not eligible to purchase the Restricted Goods or Services themselves.

5.6 Please ensure that you enter all information carefully when placing an Order. You warrant to The Inner Geek that all information provided by you in relation to each Order is complete, true and accurate.

5.7 Please check your Order and Selected Delivery Options 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 The Inner Geek. The Inner Geek 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.

5.8 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by The Inner Geek, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.9 Where you place separate Orders the Goods or Services will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge if applicable) will apply to each Order. The Inner Geek cannot consolidate separate Orders into one delivery.

5.10 Where you order more than one item in one Order, all Goods or Services for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods or Services may be dispatched separately, for example: where the Goods or Services are being dispatched from different locations; where the Goods or Services are of different types; or where the Goods or Services have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s or Service’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

5.11 You acknowledge that all Goods or Services that you Order are intended for personal, domestic, non-commercial use only.

5.12 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.

5.13 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.

5.14 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order you will receive an Order confirmation via e-mail.

6.2 The Inner Geek will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by The Inner Geek when The Inner Geek does this, however The Inner Geek may, in certain circumstances, cancel your order after acceptance as set out in these Terms & Conditions. In the event that The Inner Geek cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1

6.3 When The Inner Geek accepts an order it represents an agreement by The Inner Geek to supply the Goods or Services to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4 You must pay for Goods or Services via Debit/Credit Card, PayPal, Humm, LatitudePay or Afterpay. If the name on the debit or credit card/payment card/account does not match the name on the Order, The Inner Geek may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes.

6.5 The Inner Geek reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.6 The Inner Geek may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, The Inner Geek reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identify documents) or arrange payment by another method.

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

7. CANCELLATION OF ORDERS

7.1 The Inner Geek reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Inner Geek may do this for example, but without limitation, where:

(a) The Inner Geek’s suppliers are unable to supply Goods or Services that they have previously promised to supply;

(b) an event beyond The Inner Geek’s control, such as a storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that The Inner Geek is unable to supply Goods or Services within a reasonable time.

(c) Goods or Services ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask The Inner Geek to cancel your Order in accordance with section 5.7; or

(e) in the circumstances set our in Sections 3.4 or 6.6.

7.2 You may cancel your Order where The Inner Geek:

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

(b) is not able to to delivery 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: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods or Services; or (ii) which was outside of The Inner Geek’s control including the situations set out in Sections 7.1(a) and (b) above.

(c) if you change your mind. However, we reserve the right to charge a restocking fee of 15%. If you have ordered an item and it is on backorder or pre-order, and you choose to cancel your order, a restocking fee of 15% will be deducted from the refund. All customers are informed of backorder time frames. If your order exceeds the time frame advertised for a backorder (or pre-order) then this restocking fee can be waived.

7.3 Where The Inner Geek cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of The Inner Geek or you cancelling your Order after payment has been processed, The Inner Geek will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms and Conditions, The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tor, equity, restitution, strict liability, under statute or otherwise at all

8. AVAILABILITY OF GOODS OR SERVICES

8.1 As The Inner Geek is dependent upon its Suppliers to provide stock, The Inner Geek cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods or Services may be out of stock or unavailable. The Inner Geek reserves the right to withdraw or suspend from sale any Goods or Services displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods or Services at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9. DELIVERY

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

9.2 Goods or Services will generally only be delivered to addresses within Australia and New Zealand. The Inner Geek is unable to deliver to certain parts of Australia where this is the case you not be able to process your Order through the Website.

9.3 Where requested, The Inner Geek will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods or Services. Where it is not possible to delivery the Goods or Services 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, The Inner Geek will contact you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods or Services, The Inner Geek will e-mail you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, Australia Post will leave a card and you will be required to take the card to the nominated Australia Post Outlet to collect your Order.

9.6 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. Australia Post – Standard and Australia Post – Express will be dispatched within 1 business day with an estimated delivery time in accordance to Australia Post’s delivery schedule (click here). Please note that any 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. DELAY IN AVAILABILITY OF DELIVERY OF GOODS

10.1 You agree and acknowledge that:

(a) The Inner Geek does not guarantee the dispatch or delivery or availability of Goods or Services within the time frames set out in Section 9.6 above or any other time frames otherwise specified by The Inner Geek or any of its staff;

(b) stock availability and events outside The Inner Geek’s control may cause delays, or in some circumstances, prevent your Goods or Services from being delivered;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither The Inner Geek nor any of its agents will be liable to your, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods or Services to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

11. GIFT CARDS

11.1 The tems and conditions for The Inner Geek eGift Cards can be found here.

12. REWARDS PROGRAM

12.1 The tems and conditions for The Inner Geek Rewards Program can be found here.

13. REFUNDS OF YOUR MONEY

13.1 Where The Inner Geek is obliged to refund your payment pursuant to these Terms and Conditions, The Inner Geek aims to initiate your refund within 7 business days (Monday – Friday 9 a.m to 5 p.m Sydney time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if The Inner Geek is obliged to provide you a partial refund of your payment for specific Goods or Services in your Order, we will only refund the component of the Delivery Charge relating to the Goods or Services which are subject to the refund.

13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), The Inner Geek will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14. RETURNS/FAULTY OR DAMAGED GOODS

14.1 You should check your Goods or Services as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact The Inner Geek on https://www.theinnergeek.com.au/contact-us/ as soon as possible.

14.2 If you have a problem with any Goods or Services or otherwise wish to return them please refer to The Inner Geek’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer, you can also contact us by clicking here.

14.3 When return Goods or Services:

(a) please provide The Inner Geek with your proof of purchase;

(b) it is a requirement for the fulfillment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories supplied at the time of original purchase.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit. The packaging exists to protect the Goods themselves.

15. MORE INFORMATION ABOUT THE INNER GEEK'S LIABILITY TO YOU

15.1 Where The Inner Geek is obliged to refund your payment pursuant to these Terms and Conditions, The Inner Geek aims to initiate your refund within 2 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.

15.2 To the full extent permitted by law, The Inner Geek is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or services or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

16. ADDITIONAL TERMS AND CONDITIONS

16.1 Your use of the Website is governed by the Website Terms of Use.

17. GENERAL

17.1 The Inner Geek reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which apply to your Order.

17.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extend of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

17.3 These Terms and Conditions are governed by the laws of New South Wales, Australia.

If you have any queries or concerns, further information can be obtained by contacting us at sales@theinnergeek.com.au.

Version 5

17 January 2021