Beyond the Box Terms & Conditions

About these Terms and Conditions

The Beyond the Box Terms & Conditions define the terms of use for our website, online store, and associated services.

By using this website and/or associated services, you agree that your access to, and use of, this website or service is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

The Beyond the Box Terms & Conditions comprise of four (4) major sections:

Definitions

  1. Beyond the Box“, “We” means Traverse IT Pty. Ltd (trading as “Beyond the Box”, ABN 37 104 682 706),54 Napier Street, Essendon, Victoria, 3040, Australia.
  2. Business Day” means Monday through to Friday, excluding public holidays in Australia.
  3. Delivery” means standard shipping to, and arrival at, the delivery address specified in your order form (which delivery address must comply with clause 4(b) below).
  4. Products” means any physical or digital products or services that are available for purchase from the Beyond the Box website at the time of your order.
  5. Shipment” means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.
  6. You” means the purchaser of the Product, as identified by your “BeID” account on the Beyond the Box website.
  7. BeID” means your personal online account with Beyond the Box, created and managed on the Beyond the Box website.
  8. Equipment” means equipment checked in for service or repair, or lodged as part of a service request with Beyond the Box.
  9. Service Receipt” means a copy of a “Carry-in Service Receipt” provided by Beyond the Box when equipment is checked in for service or repair or as part of a service request.

Online Terms of Use

Product Prices

Product prices (unless otherwise specified) are given inclusive of GST and exclude Delivery charges.

Orders

  • All orders are subject to acceptance by Beyond the Box. Beyond the Box reserves the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.
  • Beyond the Box will make all reasonable efforts to process the payment of Your order within 1 (one) Business Day of receiving Your order. Orders placed on the weekend or on a public holiday will not begin payment processing until the next Business Day.
  • Beyond the Box reserves the right to discontinue Products without notice.
  • If your order is for a Product that is out of stock, Beyond the Box will notify You and offer the option of a substitute Product (which may be a different price) or cancellation of your order. If you choose to take a substitute Product, you order will be amended and a new acknowledgment will be sent to you by Beyond the Box.

Delivery

  • Provided your delivery address complies with clause 4(b), Beyond the Box will make all reasonable efforts to deliver Your Products within 14 days, or the time stipulated in your order confirmation. If Beyond the Box is unable to deliver Your products within the specified time for any reason, it will notify you of any expected delay and offer the option of a substitute Product (which may be a different price) or a refund of the payment made. If You choose to take a substitute Product, your order will be amended and a new confirmation will be sent to you by Beyond the Box. Your order status can be checked by logging in with your BeID online account at our website. If You have any additional queries regarding your order please contact us using our online contact us facility, or call us on (03) 9372 8899.
  • Beyond the Box will only deliver to an address within Australia. Beyond the Box are unable to deliver to PO boxes.
  • Beyond the Box will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received from You for the Products.
  • Notice of transit damage must be made to Beyond the Box by using our online contact us facility or calling us on (03) 9372 8899 within 48 hours of delivery of the Product.

Privacy

  • Beyond the Box will collect, use and disclose personal information provided or collected through or in connection with the Beyond the Box website in accordance with the Beyond the Box Privacy Policy. You should read the Privacy Policy and make informed decisions about your personal information.
  • By using the Beyond the Box website, you agree and opt-in to Beyond the Box collecting, using and disclosing personal information provided or collected through or in connection with the Beyond the Box website in accordance with the Beyond the Box Privacy Policy.
  • If you provide personal information about someone else, you must ensure that they are aware of the Beyond the Box Privacy Policy and agree to Beyond the Box collecting and handling their personal information in accordance with the policy.

Payment

Payment must be made in full using an approved and offered method of the Beyond the Box website at the time of placing your order. Incomplete or partial payment will not be accepted. Any payments via direct bank transfer will not be considered to be made in full until our staff confirm full and clear payment into our account.

Statutory Consumer Guarantees

  • Beyond the Box acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, consumers can rely on a guarantee that: goods are of acceptable quality and are reasonably fit for purpose; and
  • services will be provided with due care and skill and are reasonably fit for their purpose.

These Terms and Conditions are not intended to exclude or restrict these guarantees.

Cancellations, Returns and Refunds

In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 and other applicable consumer laws, Beyond the Box will issue You a refund if Beyond the Box has provided its written consent and:

  • the order is cancelled prior to the Shipment of the Product; or
  • the Product is returned within 10 days of purchase without being opened or damaged and in a re-saleable condition. Return freight or collection charges apply depending on the date and place of collection. Beyond the Box may deduct reasonable freight or collection charges from the amount to be refunded. Beyond the Box may deduct a re-stocking fee from the amount to be refunded as a condition of accepting the return. Products will not be accepted for return or credit without Beyond the Box’s written consent.

Due to licensing agreements; once opened software is non-returnable. Due to Health Regulations all earphones are sold on a non-return basis.

Disclaimer

Beyond the Box will do its best to provide accurate, up-to-date information on its site and reserves the right to correct the contents at any time, without prior notice.

However, we cannot guarantee the correctness, accuracy or exhaustiveness of the information on this site, including new products, all hypertext links or any other computer link used directly or indirectly on this site. Also, Beyond the Box informs visitors that it is their responsibility to check the information by other means, including contacting the company. Not all products featured on this website may currently be available.

Consequently, Beyond the Box disclaims all responsibility:

  • for any inaccuracy, incorrectness or omissions in the information available on the site;
  • for all damages resulting from the fraudulent intrusion of a third party, leading to a modification of information available on the site;
  • and, in general, for all direct or indirect damages, whatever their cause, origin, nature or consequences, provoked by the access of any persons to the site or the inability to access the site, as well as the use of the site and/or the reliability of any information coming directly or indirectly from the site.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. Beyond the Box does not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained. Beyond the Box is not responsible for the content or privacy practices associated with linked web sites. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Beyond the Box strives to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once Beyond the Box receives your transmission, we will take reasonable steps to preserve the security of such information.

Beyond the Box reserves the right to amend this disclaimer from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the disclaimer as amended.

General

  • These Beyond the Box Terms & Conditions, and any disputes arising in connection with them, are governed by the laws of Victoria, Australia.
  • Beyond the Box will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including forces of nature, industrial action and action or inaction by a Government Agency.

Service & Repair Terms & Conditions

Beyond the Box will provide you with a service receipt upon check-in of your goods.

Please keep your service receipt safe as it is a record of the service to be provided and must be presented when collecting your equipment at the completion of the requested service. If somebody other than the customer named in the “Customer Details” section of this document is to collect the goods they will be required to present both the physical receipt and verifiable photo identification.

The following assessment and quotation fee will apply to the diagnosis and quoting of issues with out of warranty or non covered equipment and services:

  • iOS Products: iPhone, iPad, iPod, Apple Watch, Apple TV, ect – $45.00 inc. GST

  • Mac Products: MacBook, iMac, Mac mini, ect – $95.00 inc. GST

  • Other Products: Apple Airport & Time Capsule, third party hard drives, printers, etc – $95.00 inc. GST

Service work that is covered by a product warranty is provided at no charge. When you submit an Apple product covered by a hardware warranty, you authorise Beyond the Box to undertake a “Carry-in service” under the terms of the Apple’s warranty at the following URL:
www.apple.com/legal/warranty

If you choose to proceed with a non-warrantable quoted service, the assessment and quotation fee is waived. A full service report and tax invoice (if chargeable) will be provided at the completion of the service.

It is a condition of service that you disclose all information relevant to your service request.  If Beyond the Box determines while inspecting your equipment, that repairs are required due to physical or liquid damage, biohazard contamination, acts of nature, operation error, or that the unit has been altered or modified to change its appearance, functionality or capability, the appropriate assessment fee (outlined above) will be charged.

It is a condition of service that you disclose all previous repairs, part replacements or attempts to repair any equipment for service. If Beyond the Box determines while inspecting your equipment that service is not possible due to the installation of non-genuine parts, modifications or tampering, the appropriate assessment fee (outlined above) will be charged. In addition, Beyond the Box is unable to take responsibility for any damage caused to non-genuine parts as a result of our assessment.

Reasonable care is taken by Beyond the Box staff to prevent any loss of data from equipment while the requested service is being performed. However due to the nature of the work being performed, loss of data may occur. It is expected that you have a current backup of all data stored on the equipment being serviced incase of such an event. It is also expected that removable media such as optical discs have been removed, or you assume the risk that such data or media may be lost, corrupted, or otherwise compromised during service or repair. For your privacy and security, unless specifically requested in the “Problem/Service Description” section of this document or otherwise requested by yourself as part of a service, Beyond the Box will not perform a backup of data on equipment provided for service. Any requested data recovery or backup attempt will incur a minimum backup fee of $55. Neither Beyond the Box, it’s staff, or any third-party service agents are responsible for any data loss that may occur while your equipment is in our care.

If the service involves transfer or install of software or data, you represent that you have the legal right to copy the information, have ownership of the appropriate licenses and agree to the terms of any applicable software licenses. You also authorise Beyond the Box to accept such terms on your behalf.

It is a condition of Beyond the Box accepting your equipment for service or other treatment that the equipment is subject to the Disposal of Uncollected Goods Act 1961. This confers upon Beyond the Box the right to sell or otherwise dispose of your goods should you not claim your goods and/or pay all due charges within the minimum period required by law after Beyond the Box has provided notice that the goods are ready for re-delivery to you.

As part of the repair process, Beyond the Box will collect and process the information that you provide to facilitate the service process. In order to facilitate Apple equipment repairs, Beyond the Box may securely share the information you have provided to us with Apple. Beyond the Box will protect your information in accordance with our privacy policy, available on the web at:
www.beyondthebox.com.au/privacy

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Repair of the goods may result in loss of the data.

Terms & Conditions of Sale

The terms and conditions contained herein (“Terms & Conditions of Sale”, “Contract”) shall apply to all quotations made and contracts of sale entered into between Traverse IT Pty. Ltd – trading as Beyond the Box (Beyond the Box) and Customer. No amendment, alteration, waiver or cancellation of any of these Terms is binding on Beyond the Box unless confirmed by Beyond the Box in writing. The Customer acknowledges that no employee or agent of Beyond the Box has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

Pricing & Payment

Prices shall be the price in effect on the date the Customer’s order is shipped or released by Beyond the Box. Beyond the Box reserves the right to accept or decline any order, in whole or in part.
Payments are to be made to Beyond the Box without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement. All orders shall be prepaid by Customer, unless credit is first extended by Beyond the Box.

If credit is extended by Beyond the Box, Customer shall be invoiced upon shipment of product and Customer shall pay each invoice no later than the due date displayed on the invoice or where no due date is specified, no later than THIRTY (30) DAYS from the date of invoice. Beyond the Box reserves the right to change credit terms at any time, for any reason, without prior notice.

If the Customer defaults in payment by the due date of any amount payable to Beyond the Box, then all money which would become payable by the customer to Beyond the Box at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer, and Beyond the Box may, without prejudice to any of its other accrued or contingent rights:
• charge the Customer interest on any sum due at 18% per annum for the period from the due date until the date of payment in full;
• charge the Customer for, and the Customer must indemnify Beyond the Box from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Agreement or to recover any goods;
• cease or suspend supply of any further goods to the Customer;
• by written notice to the Customer, terminate any uncompleted contract with the Customer.

Title & Delivery

Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
Beyond the Box will use reasonable efforts to ship according to Customer’s request but will not be responsible or liable for any failure to do so or any failure to meet a proposed delivery date. Should orders for product(s) exceed available inventory, Beyond the Box will allocate its available inventory and make deliveries (including partial shipments) in its sole discretion and without liability. Any claims by Customer for shortages or incorrectly supplied products must be filed by Customer with Beyond the Box within five (5) days of receipt of the products.
The Goods are entirely at the risk of the Customer from the moment of delivery to the Customer’s point of delivery or on collection, even though title in the Goods has not passed to the Customer at that time. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Beyond the Box against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
Unless the Customer has inspected the Goods and given written notice to Beyond the Box within five (5) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.

Cancellations & Returns

No order or invoice may be cancelled, modified or deferred without the prior written consent of Beyond the Box (which is at the Beyond the Box’s sole discretion). If such consent is given it is, at Beyond the Box’s election, subject to Beyond the Box being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 10% of the invoice price of the Goods).
Change of mind returns will only be accepted if goods are in original condition, unopened and within 10 days of purchase. At the sole discretion of Beyond the Box, change of mind returns may be offered on opened goods and in this circumstance, the Customer may be charged a restocking fee (being not less than 10% of the invoice price of the Goods).

Warranty

All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer. On discovery of any defect in the Goods, the Customer must immediately notify Beyond the Box in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Beyond the Box to do so.. The Customer expressly acknowledges and agrees that it has not relied upon, and Beyond the Box is not liable for any advice given by its employees, agents or representatives in relation to the suitability for any purpose of the Goods.

Limited Liability

These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. Beyond the Box is not subject to, and the Customer releases Beyond the Box from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods.
If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between Beyond the Box and the Customer then, to the extent to which Beyond the Box is entitled to do so, Beyond the Box’s liability under the statutory provisions is limited, at Beyond the Box’s option, to:
• replacement or repair of the Goods or the supply of equivalent Goods; or
• payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods;
and in either case, Beyond the Box will not be liable for any consequential loss or damage or other direct or indirect loss or damage.

Contract, Severability & Governing Law

The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected. These Terms and the Contract shall be governed by the laws of Victoria and the parties submit to the courts of Victoria in respect of any dispute arising.

Additional Terms

Due to licensing agreements, opened or activated software is non returnable. Due to Health Regulations all earphones are sold on a non-return basis.

Any questions?

If you have any other questions about The Beyond the Box Terms and Conditions, please feel free to contact us by:

  • calling our Customer Service Team on (03) 9372 8899,

  • writing to us at 54 Napier Street Essendon Victoria 3040, or

  • submitting an electronic contact form via our contact us page