In these Terms and Conditions "we" and "us" mean GB eCommerce Pty Limited (Simply Energy Store) ABN 49 097 244 552 of PO BOX 85,TORQUAY VIC Australia,3228, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
If you are under the age eighteen (18) years you can not place orders with Simply Energy Store.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Simply Energy Store suffer any damage or other losses as a result of a transaction entered into by a minor, Simply Energy Store reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Simply Energy Store.
You may place an Order by filling in the Order Form on the Simply Energy Store Web Site and clicking the "Place your Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Simply Energy Store will make every effort to supply Products to you.
We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email, however, we do not formally accept your order until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Genuine Benefits and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Simply Energy Store currently accepts PayPal, Visa, MasterCard & Amex.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding VIC Public holidays.
We process credit card and PayPal payments after you click the "Place Your Order" button.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Your tax invoice is your proof of purchase.
- You may be required to provide further identification for additional security reference checks.
- If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.
Simply Energy Store will add 10% GST to your order if it is being delivered to an Australian Address. Orders delivered to any other country will not have tax added. Full Tax Explaination.
Simply Energy Store reserves the right to change prices for Products displayed at Simply Energy Store at any time.
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment.
Delivery time varies depending on your delivery location. Please refer to our estimated delivery times.
If a product is not listed as ‘in stock’ in our warehouse, we will display an estimated time required for us to get your product into our warehouse.
Simply Energy Store makes every effort to deliver your Product according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.
We encourage you to visit the "Your Account" section on our website to view the status of your Order.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Generally Australia Post) may leave a card so you can pick-up your Product from your local Post Office. In some cases you will be required to sign for the delivery. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
To ensure everything goes smoothly, you must contact us prior to sending back ANY products, so we can issue a Return Authorisation Number (RAN).
All claims to Return a Product must be made within 14 calendar days of receiving your product. Should you contact us outside the 14 day period, customer service will consider each claim its merits.
Returns at Our Expense:
(We pay the return shipping costs)
We will gladly Replace, Refund or Credit any product, at our expense, under the following circumstances:
The product has been received damaged
We have sent you the wrong product by accident.
We have not met fair trading requirements as governed by Australian law.
Shipping the Return of Products:
Where you received a Product by Australia Post, Customer Service will email you a form containing a RAN which you must affix to the Product. You then leave the Product at any Australia Post Office and send the goods at our expense.
Where you have received a Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you.
Returns at Your Expense:
(You pay the return shipping costs and a 20% restocking/admin fee)
We even accept returns even if:
You've changed your mind about the product
You made an incorrect choice
You failed to verify and accurately provide information when placing an Order
Items returned under these reasons must be in 100% resalable condition - goods which have been used or in less than perfect condition will not be eligable for a Return.
Shipping the Return of Products:
As you are shipping the goods back at your expense you can choose your method of delivery (Australia Post etc). Please ensure you use registered post to avoid any possibility of a Return item going missing.
Return Authorisation Number
A Return Authorisation Number (RAN) is required before you can send us a returned product.
When Customer Service has issued you with a RAN, the Product should be returned to Simply Energy Store within 14 calendar days of the issuance of the RAN. All Products must be packed in the original, unmarked packaging including any accessories and documentation that shipped with the Product.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned Product.
- The delivery time for the replacement Product will be the same as stated for the original Product.
When a Refund/Credit is arranged:
- Returns at our expense include all shipping and associated costs for the Product.
- No refund/credit will be given to you until Simply Energy Store has received the Returned Product from you.
- Refunds will be issued to via the same method of payment you used to purchase the product. For example, if you purchase using your Visa Card, the refund will also be made on your Visa card.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Simply Energy Store Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Simply Energy Store Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Whilst Simply Energy Store employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Simply Energy Store will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Simply Energy Store. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Simply Energy Store for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Simply Energy Store, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Simply Energy Store reserves the right to change the Terms and Conditions of sale at any time.
No Simply Energy Store employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Simply Energy Store shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Simply Energy Store, and Simply Energy Store shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.