Website terms of use 

Welcome to the Actual website (Website). By using the Website you agree that your use of the Website is subject to these Terms of Use. Please read them carefully. Actual may from time to time amend these Terms of Use without prior notice. 

Actual reserves the right to, at any time: 

• amend, update, change or remove any part of this Website; and/or
• stop or suspend the operation of this Website. 

General Disclaimer 

1. This Website and its contents are provided to you on an "as is" basis. Information on this Website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current;
2. Actual makes no guarantees about the availability or accessibility of this Website. C. Any answers provided to questions published on this Website are general opinions only and should not be taken as definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
3. Except to the extent otherwise provided by law (including any rights that you may have under the Australian Consumer Law), Actual is not liable for any loss suffered by you as a result of any of the above. 

Copyright 

1. This Website and its contents are subject to copyright. The copyright is owned by Actual, or in the case of some material, third parties.
2. You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website and its contents for personal, non-commercial use. Except as permitted under the Copyright Act 1968 (Cth) or similar statutes that apply in your location, any other use (including any adaptation, reproduction, broadcast, decompiling, disassembling, downloading, copying, storage, distribution, transmission, printing, display, publication or creation of derivative works) of any part of this Website is prohibited. 

Trade Marks 

Nothing contained in this Website shall be construed as granting any license or right to use any trademark displayed on this Website. 

Mode of Access 

In order to use this Website, you will need internet access, devices and systems which are compatible with this Website. It is your responsibility to ensure that you meet the relevant

requirements (which may change from time to time). Actual has no obligation to make this Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access this Website. 

Third Party Websites 

This Website may contain links to third party websites. Those links are provided for convenience only and may not remain current or be maintained. Actual has no control over and is not responsible for the content or privacy practices associated with linked websites. It is your responsibility to read and understand the terms and conditions applicable to any such websites. Save as otherwise provided for by law, Actual will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites. 

Cookies 

Cookies are small pieces of information that your web browser stores on your computer’s hard drive. Actual uses cookies to gather data in relation to this Website. You may disable cookies on your web browser, but if you do you may not be able to fully utilise all the features of this Website. 

Viruses 

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system or those of other parties. Save as otherwise provided for by law, Actual will not be liable to you, or any other person, for any losses, liabilities, damages, costs, charges or inconvenience incurred, paid or suffered as a result of viruses, malicious computer code or other forms of interference, or damage to your computer system or those of any person which arise in connection with your use of this Website. 

Material Submitted By You 

1. Any material submitted by you (including links to third party content) to the Website which can be accessed and viewed by the public is user generated content (UGC).
2. Certain parts of this Website may allow you to submit UGC. By submitting any UGC TO Actual, you acknowledge and agree that:
   1. you will only submit UGC that is your original content of which you are the sole author (and the sole owner of all intellectual property rights embodied in such content), or where the content is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on this Website and the grant of the licences by you to Actual under these Terms of Use; 
      
   2. the submission and display of your UGC on this Website, is not in breach of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or any applicable laws;
      
   3. you will not submit any UGC the submission of which by you, or use of which by Actual, will violate any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, misleading & deceptive conduct or false advertising); 
      
   4. you waive all moral rights that you may have in your UGC; 
      
   5. none of your UGC is subject to any obligation of confidence on the part of Actual, its officers, directors, agents, related bodies corporate, employees and third party service providers; 
      
   6. Actual has no obligation to monitor UGC but may do so and may edit, amend or remove UGC in its absolute discretion without notice to you; 
      
   7. you will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication; 
      
   8. you will not post any content that includes any information that references other websites, addresses, email addresses, contact information, personal information (other than your own) or phone numbers; 
      
   9. you will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of this Website or any computer software or equipment; 
      
   10. your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libelous, hateful, racially biased, threatening or harassing to any individual, partnership or corporation or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters; 
       
   11. you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable right and licence to Actual to use , copy, modify, delete in its entirety, publish, and display your UGC on this Website, modify, adapt, publish, create derivative works from, sell and distribute your UGC, and incorporate such content into any form, medium or technology throughout the world without reference or notice to you and without any compensation or obligation to you; 
       
   12. the use by Actual of your UGC in accordance with the licences granted by you to Actual under these Terms of Use will not breach any third party’s rights; m. Actual has no responsibility for your UGC and you agree to pay Actual (and its officers, directors, agents, related bodies corporate, employees and third party service providers) for any claims, losses, liabilities, damages, costs, charges and expenses that are suffered or incurred by Actual (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of a breach of these Terms of Use (including the requirements set out in this clause (b) and in clause (c)), or from your violation of any law or the rights of a third party in relation to your submission of content, except to the extent caused by a negligent act of Actual; and 
       
   13. All UGC may be used (or not used) at Actual’s sole discretion. In addition to its rights in this clause, Actual reserves the right to change, condense or delete any content on the Website that Actual deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Actual does not guarantee that you will have any recourse through Actual to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Actual reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Actual, are responsible for the contents of your submission. 

3. To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to Actual that:
   1. you are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service; 
   2. save to the extent disclosed in the rating or review, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and 
   3. save to the extent disclosed in the rating or review, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review. 

4. To the extent your UGC includes a question or query, you acknowledge that Actual may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
5. By submitting your email address (or any other contact details) in connection with your UGC, you agree that Actual and its third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in Actual’s Privacy Policy.
6. You consent to the publication of your name as the provider of the content submitted by you (if Actual chooses to do so) and acknowledge the terms of Actual’s Privacy Policy. 

Notice and Takedown Procedure 

If you find content on this Website which you think infringes your intellectual property rights or is in breach of these Terms of Use, please contact us and please specify the following information: 

• your name;
• your address;
• your phone number;
• your email address;
• information to allow us to find the relevant content on this Website;
• a description of the item or items that you believe is in breach of your intellectual property rights or these Terms of Use, and the reasons for this; and
• where applicable, details of the owner of the content (and if you are not the owner, the capacity in which you are acting on their behalf). 

Severability 

If any provision of these Terms of Use is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. 

Applicable Law 

These Terms of Use are governed by the laws of New South Wales, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of New South Wales, Australia. Actual makes no representation or warranty that the content of this Website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this Website. 

Actual 

In these Terms of Use a reference to Actual is a reference to Actual Pty Ltd (ABN 37 093 114 286) and its related bodies corporate from time to time. 

Terms of sale 

Terms and conditions for goods sold by Actual Pty Ltd from commerce.actualco.com and actualcommerce.com 

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Actual Pty Ltd (ACN 655 008 638) (“Actual”) and apply to the ordering, purchase, fulfillment and delivery of goods (“Goods”) from Website. By placing an order for Goods from Actual you agree 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, fulfillment and delivery of Goods.

1. Definitions

1.1 In these Terms and Conditions: 

• “Account” means a personal account created by you on the Actual Website; ● “Additional Delivery Charge” has the meaning given in Section 4.4; 
• “Delivery Charge” has the meaning given in Section 4.3;
• “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
• “Direct Website” means commerce.actualco.com and actualcommerce.com; ● “Distribution Centre” means a Actual distribution center open to the public for pre-arranged prepaid order collections;
• “Home Delivery” means a Delivery Option where the Goods to be delivered are “big and bulky” goods;
• “International Delivery Charges” has the meaning given in Section 4.5; ● “Actual Website” means actualcommerce.com;
• “On Demand Delivery” means a Delivery Option where the Order is delivered to you on the same day as you place the Order, or within a selected time period; ● “Order” means an order for Goods, placed on the Actual Website or on the Direct Website;
• “Parcel Delivery” means a Delivery Option where the Order is delivered to you by our courier but is not a Home Delivery or On Demand Delivery;
• “Password” means the password needed to access your Account; ● “Pre-Orders” means an Order placed for a product (e.g. laptop, computer, software etc.) prior to the official release date of that product;
• “Premises” means the premises specified by you for delivery;
• “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; ● “Selected Delivery Option” has the meaning given in Section 10.1; and ● “Website” or “Actual Website” means commerce.actualco.com and actualcommerce.com (as applicable).

2. Your legal rights under the Consumer Guarantees provided by the Australian Consumer Law

2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted or modified. 

2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from Actual for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and: 

(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request Actual remedy the failure within a reasonable time and if Actual fails to do so (by repairing the goods, replacing the goods or providing you with a refund); 

(i) you may recover all reasonable costs you incur in having the failure remedied; (ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from Actual; or 

(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and Actual for the supply of the service or recover from Actual compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request Actual to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from Actual all reasonable costs that you incur in having the failure remedied, or terminate your agreement with Actual for the provision of the service. 

3. Information about Actual’s liability to you

3.1. Except to the extent caused by Actual’s negligence or breach of these Terms and Conditions, or as otherwise required by law, Actual shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or

inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Actual; (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by Actual; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of Actual; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Goods to you beyond the reasonable control of Actual; (viii) any delay in you receiving any refund due to you beyond the reasonable control of Actual; (ix) any late, lost or misdirected deliveries of Goods beyond the reasonable control of Actual; (x) Actual leaving the Goods in accordance with any “authority to leave” given by you, (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control. 

4. Pricing & taxes

4.1 Prices for Goods are as shown on the Website. 

4.2 Actual reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Actual. 

4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart. 

4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is 

required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply, Actual will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Actual will cancel your Order. Actual will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

4.5 If Actual agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart. 

4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge. 

4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST. 

5. Your Account for Orders placed on the Actual Website

5.1 If you do not already have an Account you will need to create one before placing an Order on the Actual Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications. 

5.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. 

5.3 You may not set up an Account for someone else. 

5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to Actual that all information provided by you in relation to your Account is complete, true and accurate 

5.5 You must notify Actual immediately if you become aware of any actual or potential unauthorised use of your Password or Account. 

5.6 Actual may, in its sole discretion, terminate or suspend your Account if Actual believes, acting reasonably and in good faith, that this is necessary to protect you or Actual from fraud or other unlawful or unauthorised use.

6. Orders

6.1 You can place an Order by following the instructions on the Website (including via a link sent to you from the Direct Website). 

6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Actual may accept or reject your offer in its absolute discretion. In particular, but without limitation, Actual may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact hi@actualco.com 

6.3 Each Order that you place will, if accepted by Actual, be a separate and binding agreement between you and Actual with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions. 

6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Actual with their personal information and, by placing an Order, you confirm to Actual that you have done this. 

6.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Actual that all information provided by you in relation to each Order is complete, true and accurate. 

6.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or canceled once the Order has been accepted by Actual. Actual will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this. 

6.7 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Actual cannot consolidate separate Orders into one delivery. 

6.8 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a

mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option. 

6.9 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Actual. 

6.10 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference. 

7. After you have submitted an order/payment

7.1 When you submit an Order you will receive an Order reference number via email. 

7.2 Actual will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by Actual when Actual does this, however, Actual may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Actual cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1. 

7.3 When Actual accepts an Order it represents an agreement by Actual to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions. 

7.4 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Actual may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise Actual to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.

7.5 Actual reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion. 

7.6 Actual may not be able to, or may decline to, accept payment from you by your nominated payment method: 

(a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; (c) because your payment card has expired; 

(d) where technical difficulties impact our ability to process payment; or (e) in any other situation if Actual believes, acting reasonably and in good faith, that this is necessary to protect you or Actual from fraud or loss. 

Where this is the case, Actual reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method. 

7.7 When you submit an Order, Actual may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is canceled. If an Order is canceled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use. 

7.8 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email. 

8. Cancellation of Orders

8.1 Actual reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where: 

(a) Actual, acting in good faith, is unable to obtain sufficient quantities of stock to fulfill your Order within a reasonable time; 

(b) an event beyond Actual’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 Actual is unable to supply the Goods within a reasonable time; 

(c) Goods or services ordered were subject to an accidental error on the Website, for

example, in relation to a description, price, reward or image; 

(d) you ask Actual to cancel your Order in accordance with section 6.8; or (e) in the circumstances set out in Sections 4.4 or 7.8. 

8.2 You may cancel your Order where Actual: 

(a) has breached a material term of this Agreement; or 

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods. 

8.3 Where Actual cancels your Order after acceptance it will send you an email notifying you of cancellation. 

8.4 In the event of Actual or you canceling your Order after payment has been processed, Actual will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds. 

9. Availability of Goods/Refurbished stock

9.1 As Actual is dependent upon its suppliers to provide stock, Actual cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Actual reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and Actual is unable to fulfill your Order, you will be notified as soon as possible. 

9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply. 

10. Delivery

10.1 When you place an Order for Goods to be delivered, Actual will use reasonable endeavors to deliver the Goods in your Order. If certain Goods in your Order are out of

stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order. 

10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order. 

10.3 Goods will generally only be delivered to addresses within Australia. Actual is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. Actual may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so. 

10.4 Following dispatch of your Goods, Actual will email you with confirmation of dispatch and an invoice for your Order. 

10.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either: 

(a) take your Goods to our delivery service provider’s local depots; (b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address; 

(c) re-deliver your Goods to your delivery address at a later date. 

10.6 If you require Goods that you have ordered to be redirected to an address which is not the original Order address, and such Goods have already been dispatched, Actual will use reasonable endeavors to redirect the Goods to your requested address and may charge you a reasonable fee for doing this. 

11. Delay in availability or delivery of Goods

11.1 You agree and acknowledge that: 

(a) Actual does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 10 and 11 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other time frames otherwise specified by Actual or any of its staff; 

(b) stock availability and events outside Actual’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some

circumstances, prevent your Goods from being delivered or available for pick-up in-store or at a Distribution Centre; 

(c) delays are particularly likely to occur during busy sale periods such as those around public holidays; 

12. Refunds of your money

12.1 Where Actual is obliged to refund your payment pursuant to these Terms and Conditions, Actual aims to initiate your refund to your original payment method(s) within 5 business days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that if Actual is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund. 

13. Returns/faulty or damaged goods

13.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible. 

13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Actual's Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer you can also contact us. If you are returning unused and unopened Goods due to change of mind in accordance with our policies: 

(a) you should return the Goods to Actual; 

(b) we will not refund the Delivery Charges and you must pay for us to pick up the Goods if you are unable to return them to us due to size. 

If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund any Delivery Charge, and you must pay for us to pick up the goods if you are unable to return the Goods to a Actual store and we will apply a restocking fee equal to 20% of the original purchase price. 

13.3 When returning Goods: 

(a) please provide Actual with your proof of purchase; 

(b) it is a requirement for the fulfillment of refunds, exchanges and warranties that

Customers use their best endeavors to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase; (c) you must also return any Bonus Offers included with the original purchase; and (d) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by Actual. 

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit. 

13.4 You may not be entitled to a refund or exchange just because packaging is damaged in transit. The packaging exists to protect the Goods themselves. 

14. Privacy and Marketing

14.1 Actual policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. You should read this policy before providing any personal information to Actual. By providing the personal information requested, you agree to this policy. 

14.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications by sending a written request to Actual Pty Ltd, by email to hi@actualco.com 

15. General

15.1 Actual reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order. 

15.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

15.3 These Terms and Conditions are governed by the laws of New South Wales, Australia.