Terms of Sale – Clever Elly

Terms of Sale

IMPORTANT: You must read and agree to these terms of sale before opening or using any CleverElly device. If you do not agree to all of these terms, you have no right to use the product, and you must, within thirty (30) days of your receipt of the product, (a) contact CleverElly at info@development.neiko.com.au and (b) arrange for the return and refund for this product directly from the source from which you purchased it. CleverElly will use its commercially reasonable efforts to assist you with returns and refunds. If you wish to return this product because you do not agree with all of the terms and conditions of this agreement, such returns will only be accepted by the purchase source if the product is in its original packaging and respect the Return Policy Terms.

These terms of sale for CleverElly’s devices apply to all products purchased through the CleverElly Online Store www.cleverelly.com. All sales, payment processing, refunds, charge-backs, and disputes related to products purchased on the store are processed by Clever Elly Pty. Ltd.

Contact Details

CleverElly will receive and use the information provided by you through the store to fulfil your order and handle your information according to the privacy policy in www.cleverelly.com.

Product Use

You may only use the Product for User’s own personal, non-commercial use. User understands and acknowledges that the Product may not function properly if the product is not used in accordance with it’s permitted or intended uses described by Clever Elly.

Use Restrictions

User shall not: remove any proprietary notices, labels, or marks on or in the Product; or (d) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Product, except to the limited extent applicable laws specifically prohibit such restriction.

Price and Terms

The prices payable by the User for the Products to be supplied by CleverElly under these Terms will be specified in the applicable Order. Unless otherwise expressly stated in an Order, all prices exclude shipping and taxes. Failure to pay for the order within 10 days counted from the date it was definitively placed implies the automatic cancellation of the order.

CleverElly’s Return Policy

Please note that in accordance with Australian consumer law we do not offer a refund for change of mind purchases unless the item is deemed faulty.

If you are unsatisfied with your purchase from www.cleverelly.com you have 14 days from the date of delivery to request a refund. You may return any product purchased on cleverelly.com in accordance with the terms below.

To qualify for a refund, all the following conditions must be met:

  • a. A return authorization form must be requested from our Support Team within 14 days of the delivery date. To request a return authorization and instructions on how to proceed with a return, please email us at info@development.neiko.com.au;
  • b. You must return the Product to CleverElly in order to receive your refund. Returned Product(s) must be in good physical condition (not physically broken or damaged).
  • c. To ensure successful delivery, you are required to ship the returned Product(s) using the return shipping address that will be provided to you in an email from CleverElly Support.
  • d. The cost of return shipping is not covered by Clever Elly, and remains the customer’s responsibility, unless the product is faulty or the return is due to an error by www.cleverelly.com
  • e. A Return Merchandise Authorization (RMA) Number will be issued by CleverElly support team. This RMA number must be clearly stated on the packaging of the Product(s) being returned.
  • f. CleverElly must receive the returned Product within 14 days after the RMA number has been issued.
  • g. If you return a product to CleverElly without the shipping label and RMA number clearly stated, CleverElly retains the right to either refuse acceptance of such return or charge you a restocking fee of 15% of the original price of the Product(s).

Additional terms and conditions

  • h. Refunds will be processed and paid within 2 weeks of CleverElly’s reception of the Product.
  • i. All refunds will be processed via the same payment method used to make the purchase.
  • j. Shipping, processing, handling charges, and taxes paid (such as state, customs, or GST/VAT) are not refundable.
  • k. You assume the responsibility for the risk of loss or damage to the returned Product(s) while in transit back to CleverElly.
  • l. If you purchased a CleverElly product from a third party, such party will provide information about eligible returns.
  • m. Returns to resellers are subject to the reseller’s return policy, which may differ from CleverElly’s.

Limited Product Warranty

CleverElly warrants to the original purchaser that your device shall be free from defects in materials and workmanship under normal use for a period one (1) year from the date of purchase (the “Warranty Period”).

CleverElly does not warrant that the operation of the Product will be uninterrupted or error-free. CleverElly is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

If a hardware defect arises and a valid claim is received by CleverElly within the Warranty Period, CleverElly will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are manufactured by or for CleverElly that can be identified by the “CleverElly” trademark, trade name, or logo affixed to it are sold by CleverElly itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions.

How to Obtain Warranty Service

To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by CleverElly. In accordance with applicable law, CleverElly may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.

Exclusions and Limitations

This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of CleverElly or if the Product is inserted or installed in a casing not provided by CleverElly. In addition, this Limited Warranty does not apply: (a) to damage caused by use with CleverElly products; (b) to damage caused by accident, abuse, misuse, flood, fire or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by CleverElly or with improper voltage or power supply.

No CleverElly reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Limitation of Damages

Except to the extent prohibited by applicable law, CleverElly shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits or revenue resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if CleverElly has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Governing Law

This Limited Warranty shall be governed by the Australian law, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

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