Dick Smith Minimum Voluntary Warranty and Extended Care Terms and Conditions
Please contact Dick Smith Support via the Help Centre for all warranty and product support requests.
These terms and conditions apply to the Dick Smith Minimum Voluntary Warranty and Extended Care of products purchased from www.dicksmith.com.au.
In the event that You have a warranty claim in respect of a Product delivered within Australia, you will be asked to return the relevant Product to an Australian support centre.
These Terms and Conditions constitute a contract between the customer (you) and either Kogan Australia Pty Ltd trading as Dick Smith ABN 53 152 570 351 ("Dick Smith") or Kogan HK Limited (Company Registration Number: 1659337 and ABN: 51 158 959 794) registered in Hong Kong trading as Dick Smith Electronics ("Dick Smith Electronics"), as the case may be. Together, Dick Smith and Dick Smith Electronics are referred to as Dick Smith Group (“Dick Smith Group”). These terms and conditions apply to the Dick Smith Minimum Voluntary Warranty and Extended Care of Products from www.dicksmith.com.au
Some Products You Order on the Website are offered and supplied by Dick Smith, and some Products You Order are offered and supplied by Dick Smith Electronics. Please read the Website Terms and Conditions for further information.
It is important to note that Dick Smith supplies and supports all warranties relating to Products which are noted as being offered and supplied by Dick Smith ("DS Products").
Dick Smith Electronics supplies and supports all warranties relating to Products which are noted as being offered and supplied by Dick Smith Electronics ("DSE Products").
We recommend that you keep your original product packaging if possible. In the unlikely event that you require a warranty repair and you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and Dick Smith Group accepts no liability for any damage that may occur in transit. If your product was exclusively available for shipping to Sydney and Melbourne metro areas, return pick-up would occur from these areas only.
Dick Smith and Dick Smith Electronics (as the case may be) provide the warranties and product support set out in these Terms and Conditions in relation to Products offered and supplied by Dick Smith and Dick Smith Electronics (as the case may be) from the website.
The warranties and product support set out in these Terms and Conditions are provided by Dick Smith and Dick Smith Electronics (as the case may be) irrespective of:
- the identity of the manufacturer of the Product;
- whether or not the manufacturer has provided its own warranties or product support in relation to the Product.
For the avoidance of doubt:
- We make no representations or warranty in relation to the existence, non-existence, validity, availability, terms or conditions of any other warranties or product support that may or may not be offered or provided by the manufacturer of the Product; and
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law.
Subject to the terms and conditions set out below, Dick Smith and Dick Smith Electronics agree to repair or replace the DS Product or DSE Product (as the case may be) which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with Dick Smith Group's specifications during:
- the Dick Smith Minimum Voluntary Warranty period as set out in the diagram at the end of these terms; or
- b. the applicable Extended Care period commencing on the date of delivery of the Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
The benefits provided to you by this contractual product warranty are in addition to other rights and remedies available to you under the law.
When requesting service under the Dick Smith Minimum Voluntary Warranty or Extended Care:
proof of purchase (invoice or paid Order confirmation) must be provided; and every effort must be made to return any accessories such as connectivity cables, remote controls, battery chargers, and power cables, that were sold with the product.
Dick Smith Group requires any customer requesting service under the Dick Smith Minimum Voluntary Warranty or Extended Care to comply with directions from Dick Smith Group staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
Where Products are already faulty or damaged upon delivery, photographic evidence of the damage must be submitted to Dick Smith Group Support via the Help Centre before the Product will be repaired or replaced in accordance with these terms.
Dick Smith Group reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Dick Smith Group reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided, Dick Smith Group will determine, in its discretion, the closest Product within the then current range of Products offered by Dick Smith Group with which to replace the faulty or damaged Product. The replacement Product may differ with the replaced Product in size and specifications, at the reasonable election of Dick Smith Group. Dick Smith Group may replace parts with refurbished parts. Replacement of the Product or a part under Dick Smith Minimum Voluntary Warranty or Extended Care does not extend or restart the Dick Smith Minimum Voluntary Warranty or Extended Care period
If Dick Smith Group is unable to repair or replace the Product, the customer will be refunded the price of the Product. This refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
In the event that a replacement or refund, is provided as per section 6, the faulty item will become the property of Dick Smith Group.
Where Dick Smith Group authorises warranty service of a Product, Dick Smith Group will organise for our authorised courier to pick up the Product during business hours (between 9am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely and securely packaged for safe transport. If Dick Smith Group deems it appropriate, We may alternatively supply a pre-paid postage label for the Product to be returned via our chosen carrier to the authorised repair centre. In this situation Dick Smith Group will cover the cost of transport of the serviced Product to and from the Customer. Alternatively, the Customer may take the Product to the appropriate repair centre for service if Dick Smith Group specifically authorises the Customer in writing to do so. Alternately, the Customer may post the Product as directed by Dick Smith Group if Dick Smith Group specifically authorises the Customer in writing to do so, in which case Dick Smith Group will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt. Where the customer is located outside Australia, Dick Smith Group may require that the Product be sent to Hong Kong or Australia, as directed by Dick Smith Group.
The Customer is responsible to inspect all goods received from Dick Smith Group upon arrival. In instances where goods have been damaged in transit, the Customer must report this to Dick Smith Group within 3 days of receipt of the product. Failure to report physical damage on arrival within 3 days of receipt may result in denial of warranty for physical damage.
Dick Smith's Minimum Voluntary Warranty and Extended Care of products purchased from www.kogan.com do not apply:
- to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship
- to cosmetic damage, to boxes, packaging or exterior surfaces (including during transit);
- to damage caused by use with another product;
- to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
- to damage caused by operating the Product outside any guidelines published for use;
- to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Dick Smith Group
- to a Product that has been modified to alter functionality or capability without the written permission of Dick Smith Group, including but not limited to installation of custom firmware or other software;
- to defects caused by normal wear and tear or otherwise due to the normal ageing of the Product,
- if any serial number has been removed or defaced from the Product,
- if the product is stolen or Dick Smith Group reasonably believes that the product is stolen based on information provided by law enforcement authorities, or
- Where proof of purchase (invoice or paid Order confirmation) cannot be provided.
- If the Product has not been installed, operated, maintained or used in accordance with the manufacturer's instructions or specifications provided with the Product;
- If the factory-applied serial number has been altered or removed from the Product;
- Which has suffered damage, malfunction or failure resulting from alterations, any alterations (hardware or software), accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product;
- Which has been primarily used in a business or commercial capacity and Dick Smith Group has not explicitly advised, prior to purchase, as to the product’s suitability for that purpose;
- To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions;
- To any third-party software or hardware not contained in the Product as originally configured by the manufacturer
- To any incidence of defective pixels (i.e. dead or stuck pixels) that arise for LED TVs, Monitors and Digital Photo Frames, except as determined by Dick Smith Group to denote an LED or LCD panel fault (and except as covered by the Website Terms and Conditions). For more information on stuck and dead pixels, please see our Televisions FAQs.
- To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications;
- To replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories;
- To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings; or;
- To service of any product whilst it is outside Australia.
- Dick Smith Group will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage
- Dick Smith Group's aggregate liability in respect of all claims under the Dick Smith Minimum Voluntary Warranty and Extended Care shall not exceed the original purchase price of the Product or, at Dick Smith Group's option, replacement of the Product with a like or similar Product
- Dick Smith Group excludes all other warranties, conditions, terms, representations and undertakings whether express or implied
Dick Smith Group reserves the right to determine which authorised repair centre (including Dick Smith Group's internal repair facility) is the appropriate service location in any particular circumstance.
The Product will be at the Customer's risk while in transit to and from the Dick Smith Group Authorised Repair Centre.
Dick Smith Group may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order, or when it has been determined that Dick Smith Minimum Voluntary Warranty and Extended Care do not apply as per section 17.
Dick Smith Group reserves reasonable discretion to determine whether any Product is or is not performing in accordance with the Dick Smith Group's specifications, subject to applicable law.
The Dick Smith Minimum Voluntary Warranty and Extended Care are transferrable to a new owner of a Product originally purchased Dicksmith.com.au, provided Dick Smith Group is informed by contacting Dick Smith Group Sales via the Help Centre within 7 days of the date of transfer.
Extended Care is available for purchase for some Products, as listed on the Website. Extended Care may be purchased up to 14 days after delivery of Your Products.
Where an Extended Care is purchased, it will replace the Dick Smith Minimum Voluntary Warranty period with the Extended Care period (for example, either 3 or 5 years).
To the full extent permitted by law, the Dick Smith Minimum Voluntary Warranty and Extended Care will not apply in respect of a Product
To the full extent permitted by law:
Insofar as they apply to warranties relating to DS Products supplied by Dick Smith, these Dick Smith Minimum Voluntary Warranty and Extended Care Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
Insofar as they apply to warranties relating to DSE Products supplied by Dick Smith Electronics, these Dick Smith Minimum Voluntary Warranty and Extended Care Terms and Conditions are governed by and must be construed according to the law of Hong Kong and the parties submit to the jurisdiction of the courts of Hong Kong.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure
Diagram setting out the duration of the Dick Smith Minimum Voluntary Warranty
Dick Smiths's Minimum Voluntary Warranty Policy does not apply to consumables. For further information please refer to the Dicksmith Warranty Terms and Conditions.
If a customer returns a product which is subject to Dick Smiths's Minimum Voluntary Warranty Policy, Dick Smith or the manufacturer will examine the product within a reasonable timeframe at no cost to the customer. If the product is defective through no fault of the customer, the customer can elect either to obtain a replacement product (if available), a refund equal to the original purchase price or have the product repaired free of charge in line with the manufacturer’s warranty and Dick Smiths's Minimum Voluntary Warranty Policy.
If a customer returns a product which is subject to Dick Smiths's Minimum Voluntary Warranty Policy, Dick Smith or the manufacturer will examine the product within a reasonable timeframe at no cost to the customer. If the product is established as defective through no fault of the customer, the customer can ask for the product to be repaired free of charge. If the product cannot be repaired within a reasonable time, the customer can obtain a replacement product supplied by Dick Smith at no cost in accordance with Dick Smiths's Minimum Voluntary Warranty Policy.
Dick Smiths's Minimum Voluntary Warranty does not apply but you might still have rights under Australian Consumer Law.
Dick Smith Group can be contacted via the Help Centre.
Dick Smith Group’s head office is located at 139 Gladstone Street, South Melbourne, VIC 3205.