Refund policy

Returns and Refund Policy – Second-Hand Goods

We want you to be happy with your purchase. This Returns and Refund Policy applies to second-hand, pre-owned, refurbished and used goods purchased from Smith & Son Slot Cars.

This policy is intended to comply with the Australian Consumer Law (ACL), which is contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Nothing in this policy excludes, restricts or modifies any rights or remedies you may have under the ACL.

1. Australian Consumer Law rights

Our second-hand goods come with consumer guarantees under the ACL where those guarantees apply.

Among other things, the consumer guarantees require goods to be:

• of acceptable quality, taking into account their nature, price and other relevant circumstances, including their age and condition;
• reasonably fit for any purpose you have made known to us, where the relevant legal requirements are met;
• as described;
• free from undisclosed defects; and
• covered by the other applicable consumer guarantees under the ACL.

The fact that an item is second-hand does not, by itself, remove these rights.

The ACL also recognises that a reasonable consumer's expectations about a second-hand item may differ from their expectations about a new item. We will take the item's age, price, condition, history and any defects disclosed before purchase into account when assessing whether the consumer guarantees have been met.

2. Defects and condition disclosed before purchase

Because our goods are second-hand, individual items may show reasonable signs of previous use, including wear, marks, scratches, fading or other imperfections.

We will describe the condition of each item as accurately as reasonably possible and disclose known defects that are material to the item's condition or use.

If a defect or condition was clearly disclosed to you before purchase, you generally cannot later claim a remedy under the consumer guarantees for that particular disclosed issue. You may, however, have rights if the goods have a different problem that was not disclosed.

3. If something goes wrong

If you believe an item has a fault, defect or other problem, please contact us as soon as reasonably possible.

Please provide:

• your name and contact details;
• proof of purchase, where available;
• the item or order details;
• a description of the problem; and
• photographs or other information that may help us assess the issue.

We may need to inspect or assess the goods before determining the appropriate remedy. The ACL allows a supplier to assess a product before providing a remedy.

4. Major failures

If the goods have a major failure under the ACL, you may generally choose between:

• rejecting the goods and receiving a refund; or
• rejecting the goods and receiving a replacement, where a replacement is reasonably available.

You may also be entitled to compensation for reasonably foreseeable loss or damage resulting from the failure.

A major failure can include circumstances where, for example, the goods would not have been purchased by a reasonable consumer had they known about the problem, the goods are substantially unfit for their normal purpose and cannot easily be made fit, or the goods are significantly different from their description.

5. Minor failures

If the failure is not a major failure, we may generally choose the appropriate remedy, such as repairing the goods, replacing them or providing another remedy permitted by the ACL.

If we fail to remedy a minor failure within a reasonable time, you may have further rights under the ACL, including the right in appropriate circumstances to reject the goods and obtain a refund or replacement, or to have the goods repaired elsewhere and recover reasonable costs.

6. Refunds

Where you are legally entitled to a refund under the ACL, we will provide the refund in accordance with the ACL.

A refund will generally be made using the original payment method unless another method is agreed or required by law.

Where goods are rejected because of a failure covered by the ACL, you must generally return the goods to us. If the goods cannot reasonably be returned without significant cost because of the nature, size or other circumstances of the failure, we will meet our obligations concerning collection as required by the ACL.

7. Change of mind

If you simply change your mind, decide you do not like the item, find it cheaper elsewhere or have no further use for it, you are not automatically entitled to a refund or exchange under the ACL.

8. Items damaged or misused after purchase

We are not required to provide a remedy for a problem that was caused by the customer's misuse, abnormal use or failure to take reasonable steps to prevent the goods from becoming unacceptable.

This does not affect your rights where the problem existed independently of the customer's actions or where the ACL otherwise provides a remedy.

9. Sale items and discounted goods

A discount or sale price does not remove your rights under the ACL.

Where a known fault or condition has been specifically disclosed as the reason for a discount, you generally cannot claim a remedy under the ACL for that particular disclosed fault. Your rights regarding other undisclosed problems remain unaffected.

10. Proof of purchase

We may request reasonable evidence that the goods were purchased from us, such as a receipt, order confirmation, transaction record or other proof of purchase.

We will not use proof-of-purchase requirements to unlawfully restrict your rights under the ACL.

11. Return costs

Where you are entitled to reject goods because of a failure covered by the ACL, we will comply with our obligations concerning reasonable return or collection costs as required by law.

For voluntary change-of-mind returns, any return postage or other costs will be dealt with according to the change-of-mind terms set out in this policy.

14. Your rights under Australian law

This policy operates alongside your rights under the Australian Consumer Law. If there is any inconsistency between this policy and a mandatory right or remedy under the ACL, the ACL will prevail to the extent required by law.

For more information about consumer guarantees, consumers can refer to the Australian Competition and Consumer Commission (ACCC) website.