Consumer Law, Return, Refund and Exchange Policy
- ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer. Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
- Goods & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also 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. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”
- Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for goods provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
- Warranties: Seller: Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied, and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. Manufacturer: Products may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer's warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
- Return Conditions: Livingstone provides a return window of 7 days from the date of product receipt for all return, refund, or exchange requests. We accept returns for both defective and non-defective items, including change of mind, provided that the goods are returned in their original, unopened packaging and remain in a resalable condition. For any accepted return of non-defective goods, a restocking fee of 10% of the original product price or a minimum of $20 (whichever is greater) will apply, and the cost of return shipping remains the sole responsibility of the customer. Following the receipt and successful inspection of the returned items at our warehouse, refunds will be processed within 10 days via the original payment method. Livingstone reserves the right to refuse any return, exchange, or refund request that does not strictly comply with these specific policy requirements or falls outside the stated 7-day notification period.
- Repair, replacement or a refund: If you wish to seek repair, resupply, replacement or a refund for a product, please contact us and we will explain the requirements to you. This may include you providing proof of purchase and evidence of the faulty product to us. If you are not a consumer as defined by the ACL, you must submit any claim for incorrect shipments, faulty or damaged products within 5 business days of receipt of products.
- Refund: If you are entitled to a refund, we will only give you the refund once evidence of faulty product is received by us, or we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms. Any refund we make will be by the same payment method used to purchase the product.
- Installed: Subject to this clause, we will not accept or return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
- Packaging: You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. We will arrange for any products you want returned to be collected, usually within 5 business days.
- Duty of care: You have a duty of care for the product while it is in your possession. If you damage products, then subsequently return the products, you may be liable to pay to repair the product to its original condition. In these circumstances, where a repair is not economically viable, no refund will be made.
- Customer warranties: you warrant that you have all the necessary authorities, permits, licences or other permissions necessary, pursuant to statue or otherwise, to lawfully purchase the products from us.
