Terms & Conditions

EJOY Australia HAD Terms and Conditions of Sales
EJOY ONLINE STORE 
TERMS AND CONDITIONS OF SALE
These Terms and Conditions apply to products and services (Goods) sold through EJOY ONLINE STORE.
These Terms and Conditions constitute a legally binding contract between the Customer and TECO Australia Pty Ltd (ABN 77 992 595 388), which operates, amongst others, the business name 
EJOY Electronics (EJOY) and apply to the ordering, purchase, fulfilment and delivery of Goods. By placing an order for Goods, the Customer agrees to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. Definitions and Interpretation 
1.1 In these conditions unless the context otherwise requires: “Collateral” means all of the Customer’s present and after-acquired personal property, and all of the Customer’s present and future rights in relation to any personal property to which the PPS 
applies. “Conditions” means the terms and conditions set out in this document 
as varied in writing by EJOY. “Customer” means the purchaser of the Goods and/or the applicant listed in the Application for a Trading Account.
“Delivery Charge” means the cost of delivering the Goods to the Customer. 
“Delivery Date” means the estimated date for delivery of the Goods to the Delivery Point. 
“Delivery Point” means the place to which the Goods are to be delivered, as nominated by the Customer.
“Goods” means products and services provided by EJOY. 
“GST Act” means A New Tax System (Goods and Services Tax) Act 
1999 (Cth) and the regulations thereunder.
“Intellectual Property” means the copyright subsisting in the Goods and any written material supplied in relation thereto and all patents, trademarks and industrial designs (whether registered or not) and all confidential information and trade 
secrets concerning or relating to the Goods or the Services. “Interest Rate” means the rate of two percent (2%) above the Indicator Lending Rate quoted by Westpac Banking 
Corporation from time to time. “Quotation” means a written quotation provided by EJOY to the Customer specifying Goods to be supplied to the Customer and 
the Price of those Goods. 
“PPS” means the Personal Property Securities Act 2009 (Cth) and the regulations thereunder. 
“PPSR” means the personal property securities register established pursuant to the PPS.
“Price” means the price paid by the Customer for the Goods. 
“Security Agreement” means any contract entered into between the Customer and EJOY, including an Application for a Trading Account and the Conditions.
“Tax Invoice” means an invoice that complies with the GST Act.
“Terms of Payment” means the terms of payment of the Price and Delivery Charge. Unless EJOY specifies otherwise, the Price and any other moneys owing by the Customer to EJOY must be paid within 30 days of the end of the month in which the relevant invoice is issued. 
“Warranty Period” means that period of time specified in the warranty applicable to the relevant Product. 
1.2 In these Conditions, where the context admits: 
(a) a word denoting one gender includes the other genders; 
(b) a word denoting the singular includes the plural and vice versa; and
(c) a word denoting a natural person includes reference to a corporation and other entities. 
1.3 The margin notes and headings in these Conditions are for convenience only and do not affect the interpretation of or form part of these Conditions. 
2. General 
2.1 The only contractual terms that bind EJOY are those set out in these Conditions (including any updated version of these Conditions provided from time to time) and in the Quotation or otherwise agreed to in writing by EJOY or which are imposed by law and 
cannot be excluded. In the event of any inconsistency between the contractual terms set out in these Conditions and any other contractual term then the terms set out in these Conditions will prevail to the extent of such inconsistency. 
2.2 The Customer acknowledges that the Customer is responsible to ensure that the Goods are suitable for its intended use. EJOY warrants that the Goods will 
perform to the published specifications subject to specified tolerances. EJOY otherwise gives no warranty that the Goods will be suitable for any other purposes.
3. Orders
3.1 The Customer can place an order (“Order”) by following the instructions on the Site.
3.2 Each Order will constitute an offer by the Customer to purchase the Goods specified in the Order and is subject to these Conditions.
3.3 An Order submitted by the Customer is an offer by the Customer to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of the Order. 
3.4 An Order once given by the Customer is irrevocable unless EJOY gives its written consent or receives written notice of revocation before the Order is 
accepted by EJOY Where EJOY accepts the revocation of an Order after it has been accepted. 
EJOY may at its discretion charge a restocking fee. EJOY makes no representation that it will be able to cancel or change the Order.
3.5 Where separate Orders are made, the Goods will be delivered separately, and a separate Delivery Charge will apply to each Order. EJOY cannot consolidate 
separate Orders into one delivery.
3.6 Each Order the Customer places will, if accepted by EJOY, be a separate and binding agreement between the Customer and EJOY with respect to the supply of 
the relevant Goods, in accordance with these Conditions. 
3.7 EJOY reserves the right to reject Orders in whole or in part. Orders will be accepted by EJOY on the earliest to occur of the following: 
(a) Confirmation to the Customer by EJOY of the estimated delivery date of the Goods; or 
(b) Delivery of the Goods by EJOY to the 
Customer.
Cancellation of Order
3.8 EJOY reserves the right to cancel, at any time before delivery, an Order that it has previously accepted 
where:
(a) EJOY, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil 
the Order within a reasonable time;(b) an event beyond EJOY’s control, such as 
storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, 
governmental action or failure or problems with the internet or third-party computer 
systems, means that EJOY is unable to supply the Goods within a reasonable time.
EJOY Australia HAD Terms and Conditions of Sales
(c) a change in government regulations or expiration of permits or licences in relation 
to the relevant Goods prohibits EJOY from supplying the Goods; or
(d) Goods ordered were subject to an accidental error on the Site, for example, in relation to a description, price, reward or image.
3.9 Where EJOY cancels an Order after acceptance it will send the Customer an e-mail notifying the Customer of the cancellation.
3.10 In the event that EJOY or the Customer cancelled an Order after payment has been processed, EJOY will refund any money paid in respect of that Order.
3.11 If the Customer cancels an Order after shipping of the 
Goods to the Customer, the Customer shall pay the return freight costs and a re-stocking fee. 
Amending Order
3.12 If the Customer amends an existing Order, the Customer must submit the request:
(a) before 12:00pm AEST the day prior for an Order due for delivery in the morning on the next day; or(b) after 12:00pm AEST the day prior for an 
Order due for delivery in the afternoon or evening on the next day.
3.13 The Customer’s original delivery window will be cancelled. The Customer will need to select a new delivery pick up date and time in respect of the 
amended Order; 3.14 All prices for Goods in the amended Order will update to the current prices at the time the Customer submit the amended Order, and the previous pricing will not apply;3.15 Any offers, credit or discounts applied or used when the Customer placed the original Order will not be applied to the amended Order and, if the offer, credit or 
discount is expired or has been used, cannot be used for future Orders.
3.16 If the Customer was charged for the initial Order and the amount payable in respect of the amended Order is:(a) less than the amount the Customer has paid in respect of the initial Order, EJOY will refund the difference back within [ 5 Business Days of the amended Order being placed; (b) more than the amount paid in respect of the 
initial Order, EJOY will charge the additional amount at the time the Customer 
amends the Order.
4. Price and Payment 
4.1 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (Delivery Charge).
4.2 The Customer must pay the Price and Delivery Charge to EJOY in accordance with the Terms of Payment.
4.3 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to EJOY, EJOY may: (a) suspend or cancel any outstanding Orders placed by the Customer; and (b) charge the Customer interest (both before and after any judgement) on the amount overdue, at the Interest Rate calculated on a daily basis from the date payment was due to EJOY to the date of actual payment. 
 All costs incurred by EJOY in enforcing payment will be borne by the Customer. 
4.4 If GST (goods and services tax) is payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (as amended) on a Taxable Supply (as defined by that Act), then despite anything to the contrary in these conditions, the Customer must pay to EJOY at 
the same time that payment of the purchase price, service fee or other money or consideration is due from the Customer to EJOY under these Conditions for or on account of such Taxable Supply (or if no such payment is due, then on demand by EJOY), an 
additional amount which is equal to the GST which is payable on such Taxable Supply. 
5. Delivery and Installation 
5.1 EJOY will endeavour to deliver the Goods to the Delivery Point by the Delivery Date. EJOY will in no event be liable to the Customer by reason of delays in delivery caused by any reason whatsoever. 
5.2 The Customer will inspect the Goods immediately after delivery and will within one (1) business day from such inspection give written notice to EJOY of any shortages or damage apparent in relation to the Goods. In the event that: (a) the Customer fails to give such notice, then to the extent permitted by statute the Goods will 
be deemed to have been accepted by the Customer; or (b) the Customer gives such notice, then EJOY will upon verification of the notice make up any shortages and replace any damaged 
Goods as soon as it is reasonably able to do so. 5.3 If the Customer fails to accept delivery of goods ordered within fourteen (14) days after invoice then without prejudice to any other right or remedy available to EJOY, EJOY may store the goods until actual delivery and charge the Customer for the costs of or associated with storage including without 
limitation insurance and handling charges. 
6. Risk and Property in Goods 
6.1 All goods will be at the Customer’s risk immediately upon delivery to the Customer or the Customer’s nominee or carrier, or upon being placed into storage 
in accordance with clause 5.3.
6.2 Notwithstanding the provisions of Clause 6.1, in respect of each sale of Goods to the Customer by EJOY, EJOY will retain title in the Goods until EJOY has received payment in full of all sums due in connection with the supply of all Goods by EJOY to the Customer (whether the subject of the current, previous or subsequent sales). 
6.3 The Customer will store all Goods (“EJOY Goods”), and shall maintain and allow EJOY to inspect records of EJOY Goods, identifying them as EJOY’s property, and of the persons to whom it sells or otherwise supplies EJOY Goods or any of them and of payments made by such persons for EJOY Goods. 6.4 If payment for any Goods is overdue, EJOY is 
entitled, without prejudice to any of its other rights and remedies, to repossess EJOY Goods and to enter into any premises upon which EJOY Goods are stored, without notice, for this purpose. EJOY Australia HAD Terms and Conditions of Sales 6.5 Until such time as EJOY receives payment in full for all EJOY Goods, if the Customer sells or receives any 
payment from a customer or insurer in respect of EJOY Goods, the proceeds of any such sale or disposition and any insurance proceeds (or claim thereto) will be held by the Customer on trust for EJOY and paid into a separate bank account which shall not be overdrawn or otherwise dealt with without EJOY’s prior written consent. 
6.6 Nothing in clauses 6.2 to 6.6 inclusive, shall affect EJOY’s rights as an unpaid seller. 
7. Warranties 
7.1 Subject to clauses 7.2 and 7.3, the Goods are warranted against faulty workmanship and/or materials produced by EJOY for the Warranty Period. 
7.2 Except as provided in EJOY’s standard warranty for Goods notified by EJOY to the Customer from time to time, or as otherwise required by law, to the fullest extent permitted by law, EJOY shall not be liable to you for any loss to you whatsoever for any incidental, special or consequential damages, including but not limited to loss of business, profits, data or use, whether in an action in contract or tort (including negligence) or based upon any representation or other conduct of EJOY, arising out of or in connection with the Goods or these Conditions. 7.3 EJOYEJOYEJOYEJOY’s goods and services come with guarantees that cannot be excluded under the 
Australian Consumer Law: (a) in the case of goods, the Customer is 
entitled to: i. the replacement or repair of the goods or the supply of equivalent 
goods; or ii. the payment of the cost of replacing the goods or having the goods 
repaired or of acquiring equivalent goods; 
(b) in the case of Services, the Customer is entitled to: 
i. the supply of the services again; or 
ii. the payment of the costs of having the services supplied again. 
7.4 The Customer agrees that, unless the applicable 
product warranty provides otherwise in order to make a claim under the warranty provided in clause 7.1, it 
will either: (a) return the defective Goods to EJOY free of charge; or 
(b) pay to EJOY all costs and expenses incurred by EJOY in sending its representative to the site of repair, including without limitation fares, working and travelling time, 
accommodation and sundry expenses. 
7.5 EJOY reserves the right to refuse and/or void the warranty referred to in clause 7.1 if in its absolute discretion it is of the opinion that the Goods have been serviced or modified by unauthorised parties without EJOY’s express written permission. 
8. PPS
8.1 The Customer grants EJOY a security interest in the Collateral.
8.2 the security interest referred to in clause 8.1 secures:
(a) payment of all amounts owing, or which may become payable, by the Customer to 
EJOY; and(b) performance of any obligations the Customer has to EJOY under this 
agreement and these Conditions.
8.3 EJOY retains title to, and has a purchase money security interest in, all Goods and any and all proceeds derived directly or indirectly from any dealing with such Goods within the meaning of s 14 and 32 of the PPS, until such time as the Customer has made payment of all secured amounts to EJOY.
8.4 In respect of the PPS: 
(a) for the purposes of s115 of the PPS, the Customer and EJOY agree that to the fullest extent permitted by law, they have agreed to contract out of ss95, 117, 118, 
120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134, 135, 142 and 143 of the PPS 
and contract out of all matters permitted to be contracted out of pursuant to s115(7) of 
the PPS; and (b) to the fullest extent permitted by law, the Customer hereby waives its rights to receive any notice under s157 of the PPS pursuant to s157(3)(b) of the PPS. 
9. Intellectual Property Rights 
9.1 The Customer acknowledges that EJOY owns full right, title and interest in and to the Intellectual Property and agrees that it will not at any time, by act or omission, do anything that will detrimentally affect EJOY’s rights in and to the Intellectual Property. 
10. Force Majeure 
10.1 The obligations of a party under the Conditions, other than the obligation to pay money, will be suspended during the time and to the extent that the party is prevented from or delayed in complying with the obligations by force majeure and the parties will not be liable for any failure to fulfil their obligations caused by force majeure. 
10.2 Force majeure means a circumstance beyond the reasonable control of a party which occurs without the fault or negligence of the party affected and includes inevitable accident, storm, flood, fire, earthquake, explosion, peril or navigation, hostility, war (declared or undeclared), insurrection, executive or administrative order or act of either general or particular application of any government whether de jure or de facto or of any official purporting to act under the authority of that government prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions, 
breakdown or damage to or confiscation of property.
11. Privacy
11.1 EJOY’s policy on the collection, use and disclosure of customer’s personal information is set out in the Privacy Policy. Please read EJOY’s Privacy Policy before providing any personal information to EJOY. By providing the personal information requested, you 
agree to your personal information being collected, 
used and disclosed in accordance with the Privacy 
Policy.
12. Site conditions of use 12.1 Your access to and use of the website at ejoy.com.au 
(Site), including your order of Goods through the EJOY Australia HAD Terms and Conditions of Sales Site, is subject to these terms and conditions. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and 
using the Site.12.2 By accessing and using the Site, including placing orders of Goods through the Site, the Customer agrees that the Customer will be subject to and will 
comply with these terms and conditions.12.3 EJOY may, in its sole discretion, terminate or 
suspend the Customer’s account if EJOY believes, acting reasonably and in good faith, that this is necessary to protect the Customer or EJOY from fraud or other unlawful or unauthorised use.12.4 In respect of the registration and use of the account, 
the Customer: (a) Must complete the customer registration process through the Site before placing an order for the Goods through the Site.
(b) You may not have more than one active account, and your account is nontransferable. You may update, edit or terminate your account at any time through 
the Site. (c) You must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe 
and secure manner. (d) If there are changes to the information provided to us as part of the customer registration process, you must update your account details in a prompt manner. 13. Notices 
13.1 A notice or other communication required or permitted to be given by one party to another will be in writing and either delivered personally, sent by post (postage prepaid) to the other party’s address set out in the Order or forwarded by facsimile transmission or email to the other party’s facsimile number or email address set out in the Order.
13.2 A notice or other communication is deemed given if: (a) personally delivered, upon delivery. 
(b) mailed, on the expiration of two (2) business days after posting; or 
(c) sent by facsimile transmission or email, upon receipt of a fully legible facsimile 
transmission or email. 13.3 The receipt of a facsimile transmission shall be 
acknowledged to the sending party by the receiving party. 
14. Changes to these Terms and Conditions
14.1 EJOY may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted.
15. Severance 
15.1 If any provision of the Conditions is or becomes invalid, illegal or unenforceable such provision will be deemed to be severed from the Conditions, but all the remaining provisions shall not be affected as far as possible. 
16. Governing Law 
16.1 The Conditions shall be governed by the laws of the State of New South Wales as in force from time to time and the parties agree to submit to the courts having jurisdiction in New South Wales in relation to any proceedings which may arise from the 
Conditions.