Under the Australian Consumer Law, a number of consumer guarantees apply to LeapFrog branded goods and services supplied by VTech Electronics (Australia) Pty Limited.
1. These terms (“Terms”) apply in relation to Leapfrog hardware that you purchase from Leapfrog Enterprises, Inc. or an authorized retailer (“we”, “us”, “our”) for use in Australia and they are deemed to be incorporated into your contract for the purchase of such hardware (“Purchase Contract”).
2. “Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
3. “Implied Term” means a term implied into these Terms by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law.
4. “Product” means a Leapfrog hardware product that you have purchased from us for use in Australia.
5. All Implied Terms are expressly included in these Terms and the Purchase Contract. All other terms which might otherwise be implied into these Terms or the Purchase Contract, are excluded.
6. Subject to the Australian Consumer Law, you agree that our maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to these Terms and the Purchase Contract, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
7. Subject to the Australian Consumer Law in relation to an Implied Term, in no event will we be liable to you or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to a Product.
Statutory consumer guarantees – Implied Terms
8. Under the Australian Consumer Law, the following consumer guarantees apply to goods and services supplied for use in Australia. These consumer guarantees cannot be excluded.
9. Under the consumer guarantees, goods must:
(a) be of acceptable quality;
(b) be fit for any purpose represented by the business or made known by the consumer before purchase;
(c) match descriptions made by the salesperson, on packaging and labels, and in promotions or advertising;
(d) match the sample or demonstration model the consumer relied on;
(e) meet any additional express warranties;
(f) have spare parts and repair facilities available for a reasonable period after purchase;
(g) come with full title and ownership;
(h) come with a right to undisturbed possession; and
(i) not have any hidden securities and charges over them.
10. Under the consumer guarantees, services must:
(a) be performed with proper care and skill;
(b) be fit for a particular purpose or achieve a result agreed between the retailer and the consumer; and
(c) be delivered within a reasonable time or by the end date set in the contract.
11. A major failure in goods is one which cannot be fixed or is too difficult to fix. In the case of a major failure a consumer can:
(a) return the goods to the retailer and ask for a refund;
(b) return the goods to the retailer and ask for a replacement; or
(c) keep the goods and ask for compensation for the difference in value from either the retailer or the manufacturer.
12. A minor failure is something that can be fixed in a reasonable period of time. The retailer can offer a refund, replacement or repair of a product or a re-supply of the service. These must be provided free of charge.
13. If you wish to exercise the consumer guarantees, please first contact the leapfrog authorized retailer from whom you purchased the product, before contacting Leapfrog Australia. If you still require assistance after dealing with the authorized retailer, please contact us at support.leapfrog.com.au to enable us to assist you.
14. For technical support or parts and service please contact our consumer services department LeapFrog Customer Support.
Goods purchased elsewhere
15. Unfortunately whilst are happy to answer any queries relating to the Product, we are unable to uphold any warranty claim on items not purchased from us.
16. Our warranty is valid only for the original purchaser of products which are purchased from us or an authorised retailer and is not transferable to another individual or company through unofficial outlets such as eBay.
17. Any warranty queries for items purchased through online auction websites should be directed back to the original point of purchase for consideration.