TERMS AND CONDITIONS

1) TERMS AND CONDITIONS OF SALES AND SERVICES

2) RETURNS POLICY

3) WARRANTY POLICY

4) TERMS AND CONDITIONS OF USE WEB SITE

TERMS AND CONDITIONS OF SALES AND SERVICES

These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about Digital Star's supply of the Products and Services to the Customer and supersedes all prior understandings, arrangements, representations and agreements.

1. Definitions

In these Terms and Conditions:

"Customer" means the person, business, company or other legal entity that is the purchaser of the Products and Services;

"Digital Star" means Digital Star Group Australia Pty Limited (ABN 11 082 414 453).

2. Orders

• Digital Star may reject any order placed by the Customer if there is an insufficient supply of Products which prevents Digital Star from being able to fulfil such order.

• Digital Star will not be bound by any terms and conditions attaching to the Customer's order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of Digital Star, the Customer agrees that those terms and conditions are excluded.

3. Delivery

The delivery times made known to the Customer are estimates only and Digital Star will not be liable for late delivery or non-delivery. Under no circumstances will Digital Star be liable for any loss, damage or delay suffered or incurred by the Customer or its customers arising from late or non-delivery of the Products.

4. Inspection and acceptance of products

The Customer must inspect all Products upon pickup from Digital Star or delivery to the Customer's premises. Unless the Customer notifies Digital Star of any matter by which the Customer alleges that the Products are not in accordance with the Customer's order on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by Digital Star.

5. Title and risk

• Products supplied by Digital Star to the Customer will be at the Customer's risk immediately upon delivery of the Products to a recognised carrier for transport to the Customer or into the Customer's custody and control (whichever is the sooner).

• Title in the Products supplied by Digital Star to the Customer will not pass to the Customer until those Products and any other products supplied by Digital Star to the Customer have been paid for in full.

• If the Customer has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Sales Contract, the Customer authorises Digital Star, at any time, to enter onto any premises upon which Digital Star's Products are stored to enable Digital Star to reclaim the Products.

6. Returns

• Returns will be subject to Digital Star's returns policy as advised to the Customer and amended by Digital Star from time to time, the current version of which is set out on www.digitalstar.com.au ("Returns Policy").

• Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Customer in accordance with the Returns Policy will be sent by Digital Star to the Customer by ordinary freight pre-paid. If the Customer requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Customer.

• Digital Star will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of Digital Star's Products.

• The provisions of this clause 6 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than Digital Star.

7. Loss or damage in transit

Digital Star is not responsible for any loss or damage to Products in transit.

8. Customer's cancellation

• Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by Digital Star.

• If a Customer's right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to Digital Star not later than 7 days before the estimated date of shipment by the manufacturer or Digital Star (as the case may be).

• Unless otherwise agreed between the Customer and Digital Star, upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to Digital Star.

9. Warranty

• Unless specified otherwise, Digital Star warrants to the Customer that Digital Star branded Products (excluding Third Party Products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty"). During the one-year period beginning on the invoice date, Customer must return the faulty product to Digital Star’s service centre for warranty claim. Warranty will be subject to Digital Star's warranty policy as advised to the Customer and amended by Digital Star from time to time, the current version of which is set out onwww.digitalstar.com.au ("Warranty Policy") or is on the Warranty Form which will be shipped with Digital Star branded Products.

• The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is picked up or shipped from Digital Star; Customer’s supplied accessories or parts added to the Product through Digital Star;accessories or parts purchased from Digital Star that are not installed in the Digital Star factory.

• If the Customer has chosen any Service Offering or the Products purchased by Customer are sold bundled with a Service Offering in addition to the Standard Warranty, such Service Offering will be listed on Customer's invoice, and the provisions of that Service Offering shall apply in addition to the StandardWarranty.If the Service Offering is provided by independent third-party service provider, such third party Service Offering will be listed on Customer's invoice, and Digital Star will be not responsible or liable for such third party Service Offering.

• The Customer agrees that, in relation to Third Party Products purchased through Digital Star, where such of the Products are covered by a relevant manufacturer's warranty, then the Standard Warranty shall not extend to such Products and such manufacturer's warranty shall be the sole warranty in respect of such Products. The Customer shall utilise that warranty for the support of such Products and in any event not look to Digital Star for such warranty support.

• All software provided under these Terms and Conditions are furnished subject to the terms and conditions of the license agreement relating to that software. Software license agreements may be packaged with the software, may be separately provided to Customer for signature or may require on-screen acceptance .Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Digital Star does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.

10. Liability

To the extent permitted by law, Digital Star will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue,interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:

• any negligent act or omission or wilful misconduct of Digital Star or its employees or agents;

• the supply, performance or use of any Products or Services; or

• any breach by Digital Star of its obligations under these Terms and Conditions or any relevant Sales Contract.

11. General

• Digital Star may amend these Terms and Conditions at any time, by giving the Customer notice by mail, e-mail or by posting a notice on Digital Star's public web site. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Customer will be deemed to have accepted the revised Terms and Conditions.

• Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.

• The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. Digital Star may assign its rights and obligations under these Terms Conditions to any person.

• These Terms and Conditions are governed by the laws of the State of New South Wales. The Customer submits to the non-exclusive jurisdiction of the courts of that State. Unless otherwise specified, the Terms and Conditions set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.

RETURNS POLICY

At Digital Star, we believe in being fair to our customers. If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 7 days of invoice date, you may exchange the product or receive a refund less any associated cost, such as freight and re-stocking fee, except as explained below.

1. For items in their original, unopened and undamaged packaging, a credit will be issued for the original purchase price of the product less any associated freight costs.

2. For opened items in new condition, with the original box, packaging, manuals and accessories, except opened software, consumable, notebooks, projectors and cameras, a credit will be issued for the original purchase price of the product less:

• any associated freight costs and
• an restocking fee of 20% of the purchase price if the product is returned within 7 days after purchase.

At the sole discretion of Digital Star, unopened products may be accepted for return outside of the 7 day purchase period. In these circumstances a restocking fee of 30% will apply.
The re-stocking fee will be deducted from any credit or refund amount offered to you.
Credit card refunds will be credited to the original credit card. Purchases made by cash or check over $250 will be refunded by a check within 10 business days.

All returns must be shipped prepaid. Digital Star will refund shipping charges for defective/damaged merchandise only. Products returned to Digital Star without proof delivery may result in forfeiture of your refund.

Returns Exceptions

Opened Items
Opened software, consumable, hardware components, notebooks, projectors and cameras return will not be accepted except items dead on arrival or damage in transit.

Non-Return Basics Items

• The term Non-Return Basis means that, unless the product is dead on arrival, damaged in transit, or otherwise returnable under statutory warranty (e.g. if the product is faulty, does not match a description or sample, is unfit for purpose), the product will not be accepted for return.

Examples of products sold on a Non-Return Basis include:
• Built-To-Order PC systems including Desktop PCs, Notebooks and Servers
• Ex-demo, clearance or Auction items
• Hardware components such as Processors, Memory chips, Video Cards, Motherboards
• Licensed software
• Products with a "Non-Return basis" label
• Products specially ordered for a customer
• Product listed on the packing slip or invoice as "Non-Return Basis"
• Third party extended warranty

Return Procedure

Contact our Support Center at 02-87486866 or support@digitalstar.com.au to obtain your Return Authorization (RMA) number and details including mailing address and procedures. RMA numbers are valid for 10 days from date of issue. We are unable to accept returns without an RMA number.

Taxes/Duty

Any return from outside of Australia, customers are responsible for Import taxes, duty and any associated custom charges.
Manufacturer's Returns Policy and Manufacturer's Warranty
Please note that all items, except ex-demo, clearance, second hand, or damaged items, are sold with a manufacturer's warranty, unless otherwise stated.
If a item purchased from Digital Star develops a fault after 7 days from original purchase, we recommend that in the first instance, you contact the manufacturer or their authorised service centre or agent for warranty service. Warranty periods and service levels vary by manufacturer and product.
If the manufacturer directs you to return the product to us as the seller, then you should contact our Customer Service staff as soon as possible.
All claims for service not covered by any kind of warranty should, in the first instance, be directed to the manufacturer or its authorised service centre or agent.
Other than as required by statutory warranties, we reserve the right to refuse any returns that:
• are incomplete or missing parts
• are not in their original packaging
• show signs of physical damage

Revisions to these terms and conditions.

Digital Star may revise these terms and conditions at any time by updating Digital Star's site www.digitalstar.com.au. All revisions to these terms and conditions are effective for transactions after the update. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

WARRANTY POLICY

• Digital Star is committed to providing satisfactory products and services to customers. Products are covered by a manufacturer’s warranty or 30 days, 90 days or 1 year return to base warranty, as described on item warranty description for the respect products. (Please note that warranty terms are different from product to product.)

• To qualify for your warranty, you must keep your original proof of purchase receipt.

If you transfer a purchased items to another user, warranty service is available to that user for the remainder of the warranty period. You should give your proof of purchase and this Warranty Policy to that user.

Warranty Service

To obtain warranty service, you should contact us Digital Star Service on (02) 8748-6866. You must provide proof of purchase by you before any warranty service can be performed. If you mail the Digital Star Computer Product in for service, you agree to insure the product, prepay shipping charges, and to use the original shipping container or equivalent. Any service outside the scope of this warranty shall be at Digital Star rates and terms then in effect.

When a type of service involves the exchange of a part, the item Digital Star replaces becomes its property and the replacement becomes yours. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. Replacement parts assume the remaining warranty of the parts we replace.

It is your responsibility to:
1. obtain authorisation from the owner (for example, your lessor) to have your items for service that you do not own;
2. where applicable, before service is provided. Follow the problem determination, problem analysis, and service request procedures that Digital Star Service provide.
3. secure all programs, data, and funds contained in the PC,
4. be responsible for loss of, or damage to, items in transit when you are responsible for the transportation charges.

YOU SHOULD NOTE

Digital Star warrants their Computer Product to be free from defects in workmanship and materials for a period of 12 months from the date of purchase. If the product does not function as warranted during the warranty period, Digital Star will, at its option, repair or replace the unit (with a product that is at least functionally equivalent). This warranty does not include failure caused by improper installation, operating environment, cleaning or improper maintenance by you or accident, damage, misuse, abuse, non-Digital Star modifications to the product, software faults, removal of product labels or parts identification labels, or failure caused by a product, normal wear and tear or any other event, act, default or omission outside Digital Star’s control for which Digital Star is not responsible may void the warranties. Additionally, due to the LCD screen manufacturing process, it is considered normal for a LCD screen to have some minor imperfections. A screen will be deemed faulty if any imperfection consists of more than five bright faulty pixels.

SOFTWARE

Some Digital Star computers are supplied with Pre-Installed Software. Should this software prove defective, Digital Star will repair or replace the software, at its OPTION. Software is warranted to be defective free for a period of 90 days from the date of purchase.

LIMITED OF LIABILITY

Digital Star will not be liable in any way for any direct or indirect loss or damage of any kind arising from the Digital Star Computer Product or your use of the Digital Star Computer Product, including consequential loss or damage, and loss or damage arising from the negligence of Digital Star’s employees and agents.

Under no circumstances is Digital Star liable for any of the following:
1. third-party claims against you for losses or damages
2. loss of, or damage to, your records or data; or
3. economic consequential damages (including lost profits or savings) or incidental damages, even if Digital Star is informed of their possibility.

TERMS AND CONDITIONS OF USE WEB SITE

WEB SITE NOTICE

No part of the material contained in this web site may be reproduced, modified, distributed, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without prior written approval of DIGITALSTAR.

TERMS OF USE

BY USING THIS WEB SITE YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

ONLY SANCTIONED USES OF THIS WEB SITE

This web site is for your own personal and non-commercial use, and you agree to use this web site for lawful purposes only. You will not import or export any information to or from this web site which is unlawful, threatening, abusive, fraudulent, offensive, harmful, obscene, defamatory, inciting, hateful, racially, ethnically, or otherwise objectionable, in violation of any person's rights of publicity, or contains worms, Trojan horses or any viruses of any kind, either now known or hereinafter discovered, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

You will only provide truthful information, and you will keep your account updated so that your information is always truthful, accurate and complete. Any information transmitted to us is governed by our Privacy Policy. Any material, information or other communication you transit or post to this web site will be considered non-confidential and non-proprietary ("Communications"). DIGITALSTAR will have no obligations with respect to the Communications. By making Communications on this web site, you grant to DIGITALSTAR a perpetual, royalty-free, fully paid-up, world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. DIGITALSTAR and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

You may link to third party web sites. Such linked web sites are not under the control of DIGITALSTAR and DIGITALSTAR is not responsible for the content of any linked web site or any link contained in a linked web site. DIGITALSTAR reserves the right to terminate any link or linking program at any time. DIGITALSTAR does not endorse companies or products to which it links, unless expressly stated otherwise. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.

You may provide links to our web site from other web sites provided that (a) you link only to our web site's home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notices, or other notices on our web site, (c) you give DIGITALSTAR notice of such links via e-mail or certified postal mail, and (d) you discontinue providing links to our web site if requested by DIGITALSTAR.

SPECIAL RULES FOR INTERNATIONAL USE

If you are an International user, outside of the Australia, you agree to comply with all local rules regarding on-line conduct and content.

DISCLAIMER OF WARRANTIES

The materials available in and on this web site, including materials in linked sites directly or indirectly accessible from this web site, are provided "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. IN ADDITION, THIS WEB SITE DOES NOT REPRESENT OR WARRANTY THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE, OR CURRENT.

We do not warrant that the materials on this web site, or any site directly or indirectly accessible from this web site, will be error free, free of viruses, worms, Trojan horses, defamatory, obscene, or other harmful material. You assume the entire cost of any necessary service, repair or correction.

LIMITATION OF LIABILITY

Under no circumstances shall we, nor our affiliates, agents, suppliers, directors, employees, or other representatives be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenue, lost data, loss of or damage to property, or any other similar economic loss), whether in contract, tort, or otherwise, arising out of (i) the use, or inability to use the materials available in or on this web site, or any linked web site, even if we are advised of the possibility thereof, nor for any claim by a third party; (ii) the cost of procuring substitute goods or services resulting from any goods, services, data, or information purchased or obtained, or messages received or transmitted from your use of this web site; (iii) any other matter relating to this web site.

You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney's fees) arising out of your use of this web site.

COPYRIGHT

You shall not copy, use, modify transit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in or on this web site, except as expressly permitted by the respective owner(s) thereof. All content included in or on this web site, such as text, graphics, logos, button icons, images, audio and/or video clips, and software is the property of DIGITALSTAR and are protected by Australia and International Copyright laws.

OUR RIGHT TO MONITOR

We may electronically monitor any areas of this web site and may disclose any records or electronic communication of any kind (i) to satisfy a government request, law or regulation; (ii) to protect our rights or the rights of other users, sponsors, affiliates, licensors and licensees; (iii) to protect our ability to maintain and operate this web site.

Digital star may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Digital Star requests payment for increased prices, you may cancel the order by giving notice to Digital Star, which must be received within seven days of the announcement of the increase.

We may, upon notice, investigate any alleged infringement, defamation, violation of these terms of use, illegal, or offensive material or communication on the web site. Upon determination that any violation of any right has occurred, we may, at our sole discretion, terminate or suspend all privileges you currently hold in connection with our goods and services, or request that you remove the offending material.

CONTACT INFORMATION

You may see our contact information here.