Refund policy
13.1 General
Nothing in this policy is intended to limit or exclude any rights conferred on customers by the Consumer Protection Act, 2008 (the “CPA”), or any other applicable law. Where any provision of this policy is less favourable to a customer than a right afforded under the CPA, the provisions of the CPA will prevail.
13.2 Replacement-First Principle
We operate a replacement-first policy to facilitate the efficient resolution of valid claims. Replacements will be provided where:
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(a) the item delivered is defective or not in working order;
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(b) the item delivered does not match the product ordered; or
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(c) an item is missing from the order at the time of delivery.
13.3 When Refunds Apply
A refund will be issued only in the following circumstances:
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(a) a suitable replacement is not available;
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(b) we are unable to fulfil the order within a reasonable period; or
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(c) a refund is required under applicable consumer protection legislation, including the CPA.
13.4 Reporting of Defects, Shortages, and Incorrect Items
All claims relating to shortages or incorrect items must be reported to us within seven (7) business days of delivery.
In respect of defects, the provisions of the CPA apply. Without limiting those provisions:
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(a) if the defect is apparent at the time of delivery, you must report it within seven (7) business days;
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(b) if the defect is latent (not reasonably discoverable at the time of delivery) and becomes apparent within six (6) months of delivery, you retain the right to return the goods and claim a replacement or refund, provided the defect is not attributable to causes set out in clause 13.8.
The report must include reasonable proof of the claim, which may include, without limitation, photographs, videos, packaging evidence, or any other information reasonably requested by us to investigate the claim.
13.5 Right to Inspect
We reserve the right to inspect, test, or arrange for the collection of the product prior to approving a replacement or refund.
13.6 Cooling-Off Right (Direct Marketing)
If you entered into this transaction as a result of direct marketing (including without limitation by telephone, email, SMS, or electronic communication), you have the right to cancel this agreement without reason within five (5) business days after the later of:
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(a) the date the agreement was concluded; or
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(b) the date the goods were delivered to you.
If you cancel under this cooling-off right, we will refund the full purchase price, including any delivery charges, within fifteen (15) business days of receiving your cancellation notice. You must return the goods to us at your own cost unless we agree in writing to collect them.
13.7 Cancellation After Delivery
If you exercise your right to cancel this agreement after the goods have been delivered for reasons other than a defect, direct marketing cooling-off, or other circumstance for which we are liable under the CPA, you will be responsible for returning the goods to OrchardTech at your own cost.
13.8 Exclusions
No replacement or refund will be granted where:
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(a) the product has been physically damaged after delivery;
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(b) the product has been used improperly or contrary to any applicable instructions;
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(c) the product has been altered, repaired, or opened by an unauthorised person; or
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(d) in the case of a latent defect, the claim is reported more than six (6) months after delivery, unless otherwise required by law.