Refund policy

 

REFUND, RETURN AND WARRANTY POLICY

This Refund, Return and Warranty Policy ("Policy") is issued by The Home And Party Shop ("the Company," "we," "us," or "our") and applies to all goods ("Goods") purchased by a customer ("Customer," "you," or "your") through thehomeandpartyshop.com. By placing an order, the Customer acknowledges and accepts the terms of this Policy.

1. Summary
Goods purchased from the Company are covered by (a) a thirty (30) day guarantee against defect and non-conformity with description ("the Guarantee"), and (b) a twelve (12) month warranty against manufacturing defect ("the Warranty"). Full terms are set out below. This Policy operates in addition to, and does not limit, exclude, or restrict, any rights the Customer may hold under the Australian Consumer Law ("ACL"), Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. The 30-Day Guarantee — Scope and Eligibility
2.1 The Guarantee is a conformity-based remedy. It applies where Goods, on delivery or within thirty (30) days thereafter:

• (a) are received in a faulty, damaged, or non-functional condition; or
• (b) do not conform to the description, specifications, or represented functionality published on the relevant product listing at the time of purchase.

2.2 Where eligibility under clause 2.1 is established, the Company will, at its election, provide a repair, replacement, or refund of the purchase price.

3. Matters Expressly Excluded from the Guarantee
3.1 The Guarantee does not extend to, and no remedy is available in respect of, the following:

• (a) a change of mind on the part of the Customer;
• (b) a subjective assessment that the visual, luminous, or aesthetic performance of the Goods, when installed or operated by the Customer, did not meet the Customer's personal expectations for a particular event, venue, or setting, where the Goods otherwise conform to their published description;
• (c) variance in the perceived brightness, colour saturation, or visibility of the projected or illuminated effect arising from ambient lighting conditions, extraneous light sources, viewing distance, or the degree of darkness present at the Customer's premises at the time of use. The Company's photographic and video representations of its products are captured under controlled, fully darkened conditions for the purpose of rendering the projected effect visible to the camera; it is acknowledged and understood that ambient conditions at the Customer's premises will differ and will materially affect the visual outcome. A discrepancy of this nature does not constitute a defect, a fault, or a failure to conform to description for the purposes of clause 2.1(a) or 2.1(b); and
• (d) ordinary wear and tear, or damage caused by misuse, negligence, unauthorised modification, or use inconsistent with the accompanying instructions, occurring after delivery.

4. Procedure for Making a Claim
4.1 A Customer wishing to make a claim under this Policy must, within thirty (30) days of delivery, submit written notice to info@thehomeandpartyshop.com, specifying the order number and the nature of the alleged defect or non-conformity, accompanied by photographic or video evidence where the claim relates to a functional or visual defect (such evidence, where the claim concerns luminosity or visibility of effect, to be captured in conditions of full darkness).
4.2 The Company will acknowledge receipt within one (1) Australian business day.
4.3 Where a claim is approved, any refund payable will be issued to the Customer's original method of payment within three (3) business days of approval. Where a replacement is provided under the Guarantee, or the claim arises under the Warranty at clause 5, the Company will bear the cost of return freight; in all other circumstances no return of Goods to the Company is required as a precondition of a refund issued under the Guarantee unless the Company so requests.

5. Twelve (12) Month Warranty
5.1 Independently of the Guarantee, Goods are warranted against manufacturing defect for a period of twelve (12) months from the date of delivery, covering defects in the laser diode, motor assembly, remote receiver, and power adaptor.
5.2 The Warranty does not cover damage caused by accident, misuse, unauthorised modification, or the ordinary depletion of consumable components (including, without limitation, remote control batteries).
5.3 Where a Warranty claim is substantiated, the Company will supply a replacement unit at no cost and will bear the cost of return freight for the defective unit.

6. Goods Damaged in Transit
Where Goods are received in a condition indicating damage sustained in transit, the Customer must retain the outer packaging, photograph the packaging and the Goods prior to further unpacking, and notify the Company within forty-eight (48) hours of delivery. The Company will dispatch a replacement without requiring return of the damaged unit as a precondition.

7. Australian Consumer Law
7.1 Nothing in this Policy is intended to, or does, exclude, restrict, or modify any condition, warranty, guarantee, right, or remedy conferred on the Customer by the ACL or any other applicable law that cannot lawfully be excluded, restricted, or modified.
7.2 Pursuant to the ACL, goods come with guarantees that cannot be excluded. The Customer is entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. The Customer is further entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
7.3 For the avoidance of doubt, and without limiting clause 7.1, the ACL does not oblige the Company to provide a refund, replacement, or repair in circumstances where the Goods conform to their description and are of acceptable quality, but the Customer's dissatisfaction arises from a subjective preference or expectation not represented by the Company, including the matters described at clause 3.1(b) and 3.1(c). This clause is a statement of the operation of the ACL and is not a term purporting to exclude any right conferred by it.

8. Contact
Enquiries regarding this Policy should be directed to info@thehomeandpartyshop.com. The Company aims to respond within one (1) Australian business day, Monday to Friday.