Warranty Policy – Australia & New Zealand
The information below only applies to products purchased in Australia & New Zealand. For products purchased in Germany, France, Ireland, Italy, Luxembourg, Austria, Switzerland or United Kingdom, please click here. For all other countries, please see visit our Customer Care Centre.
Our Warranty Policy
As an Australian or New Zealand resident, you are protected against FAULTY products by the government’s Australian Consumer Guarantee and the New Zealand Consumer Guarantees Act. Our WARRANTY POLICY adheres to these obligations with no additional promises or representations except that we state a timeframe to indicate the reasonable time this product should last without defects (One (1) or Two (2) years).
What our Warranty DOES cover
- Defective, broken, damaged or an unusable product straight out of the packaging, as long as that packaging was sealed and in new condition;
- a major failure of the product that was not caused by actions and behaviour stated below;
- a technical specification was not correct or did not match what the product delivered; and
- the product inside the package is the incorrect size/colour from what is described on the packaging.
What our Warranty DOES NOT cover:
- Glass Screen Protectors breaking/cracking/smashing while in use. There is NO Lifetime Guarantee. Glass Screen Protectors are inherently delicate and are designed to ‘take the hit’ or break/crack/smash instead of your device’s screen. We will only replace or refund a Glass Screen Protector if it was already broken when opened new from packaging;
- damage caused by mishandling, abuse, improper or unreasonable use, maintenance, unauthorised tampering, alteration, modification or failure to follow operating instructions;
- damage caused by exposure to moisture, heat, sun, water, dirt, dust, flammable gases, unless otherwise explicitly stated on the description of a product on packaging or the 3sixT website (3sixTgear.com) only. 3sixT are not responsible for inaccuracies in descriptions on authorised and unauthorised reseller websites;
- accidental damage due to dropping, knocking, bumping or rough handling and excessive use that exceeds normal ‘wear & tear’ for the type of product;
- removal or defacing of the label bearing the serial number (where applicable) or if the product is not purchased from an authorised reseller;
- use of the product in a commercial environment (our products are for household and regular use only);
- for the connected device (which is equipment connected through the product to a power source);
- any services associated with the connected device, or any remedies offered or provided by the manufacturer of the connected device;
- that the product, software or services related to the product or connected device will always operate uninterrupted or error-free;
- that the product, software or services, or any device, system or network on which the product is used are 100% secure and cannot be hacked;
- that a third party service the product needs will always be available; and
- a claim where proof of purchase is not provided.
Other than as expressly provided under the Warranty and subject to the provisions of Australian & New Zealand Consumer Law and any rights and remedies that you may have under the CGA (as applicable), to the full extent permitted by law, 3sixT:
- excludes all other conditions, guarantees, rights, remedies, liabilities, representations, warranties and other implied or express terms, conferred by statute, custom or the general law that impose any liability or obligation on 3sixT, including but not limited to any implied warranties of non-infringement, loss of or damage to devices, data, security, performance, lack of negligence, workmanlike effort, that the functions contained in the product will meet your requirements, or that defects in the product will be corrected, or that your use of the product will generate reliable results;
- excludes all liability for the loss of, or damage to, devices and data caused by use of a 3sixT product, or its repair;
- excludes any liability it may have to you for:
- loss of income, revenue or profit;
- loss or damage to any third party devices, products, software or services, and
- any indirect, consequential, special, incidental or punitive loss or damages (including but not limited to loss of use, data, business interruption or cost or procuring substitute services or products), which arises under any law (including the law of negligence) and relates to your use, or inability to use a 3sixT product, or any related services. This exclusion applies even if 3sixT has been advised of the possibility of such damages and even if any warranty or remedy provided under this manufacturer’s warranty fails of its essential purpose; and
- limits its monetary liability to you, under any law, to the price that you paid for the 3sixT product (as applicable).
References in Section to ‘indirect, consequential, special or incidental losses’ shall mean any losses which (i) were not reasonably foreseeable by both parties, and/or (ii) were known to you but not to 3sixT and/or (iii) were reasonably foreseeable by both parties but could have been reasonably prevented by you.
How to assess and make a claim against our Warranty
1. Assess whether you have a reasonable claim to a remedy under the CONSUMER GUARANTEE/WARRANTY POLICY
According to the CONSUMER GUARANTEES, a FAULTY product DOES NOT do what it normally would be expected for the type of product and cost, and is NOT:
- look acceptable;
- do what you would reasonably expect it to do;
- match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising;
- be fit for the purpose the retailer told you it would be fit for and for any purpose that you made known to the retailer before purchasing; and
- meet any extra promises made about performance, condition and quality, such as lifetime guarantees and money back offers.
If you believe that one of our products has failed one or more of the above consumer guarantees – you have the ability to claim a remedy from the retailer you purchased the product from.
2. Return to the store of purchase (or follow the returns process for an online retailer).
Present the store a proof of purchase and explain to the retailer your concerns about the product that does not meet one or more of the above CONSUMER GUARANTEES. You must have a proof of purchase to be able to claim a remedy – a retailer has a right to refuse a claim without a proof of purchase. It is recommended to keep a proof of purchase (we suggest to take a photo with your phone). See here for suitable types proof of purchase documents.
When assessing your claim, a retailer may take into account how much time has passed since you bought the product considering the following factors:
- type of product;
- how you are likely to use the product;
- the length of time for which it is reasonable for the product to be used;
- the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
Did you buy the product from 3sixTgear.com?
If you purchased a product through this website and you believe the product to be faulty, your rights as a consumer are the same as if you purchased through an authorised retailer, but you approach us directly. Please raise your claim through the Customer Care Centre. We will ask for proof of purchase to assess your claim. If you do not have a valid form of proof of purchase, in most cases will refuse to assess the claim. That is why we recommend you keep a proof of purchase. On return of the product, we will assess your claim and advise you of the steps necessary to solve your issue. If you are asked to send us your product for assessment and it is found not to have a problem, you may be required to pay the transport or inspection costs. An estimate of these costs will be provided to you before the product is sent back to you.
3. If the retailer agrees that one or more of the CONSUMER GUARANTEES has not been met, they are legally obliged to offer you a replacement or refund.
The retailer legally can’t refuse to help you with a faulty product that doesn’t meet one or more of the CONSUMER GUARANTEES and make you contact the manufacturer (3sixT) or distributor (Cellnet Group) for a remedy*. The remedy must be assessed and resolved in-store or with the retailer you purchased directly from. If the retailer you purchased the product from no longer operates, or you no longer live in Australia or New Zealand, please see visit our Customer Care Centre.
The remedies that the retailer must offer are:
- A replacement – Replaced products must be of an identical type to the product originally purchased.
- A refund – Refunds should be the same amount you have already paid, provided in the same form as your original payment. This is the only option when an identical product is not available for replacement.
You may be refused a replacement or refund by the retailer if they believe the CONSUMER GUARANTEES DO NOT apply to you, including:
- you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
- you misused a product in any way that caused the problem (see below for an example of this); or
- knew of or were made aware of the faults before you bought the product.
Rights to a replacement or refund also DO NOT apply to items:
- you plan to on-sell or change so that you can re-supply as a business; or
- bought as a one-off from a private seller, for example at a garage sale, fete, GumTree or other second-hand marketplace or dealer.
*You can approach the manufacturer or distributor directly, however, you will only be entitled to recover costs (not product cost) from them, which include an amount for reduction in the product’s value. You cannot demand a replacement or refund from the manufacturer – these remedies are only available from the retailer. If you contact us because the retailer refused to assist you, we will in most cases ask you to return to the retailer and ask you to remind them of their obligations under federal consumer law. 3sixT is the ‘manufacturer’ or ‘brand’, Cellnet Group is the ‘distributor’ and the retailer or supplier is the store you purchased the product from directly.