Terms & Conditions

© 2024 All Time Company Pty Ltd ("ATC") All rights reserved

Terms of Use

Welcome to the All Time Company Pty Ltd (“ATC”) website. By using the ATC website, you agree that your use of the ATC website is subject to these Terms of Use. Please read them carefully. ATC may from time to time amend these Terms of Use without prior notice. ATC reserves the right to, at any time:

• amend, update, change or remove any part of this website;
• suspend or restrict your access to this website if you are in material breach of these Terms of Use; and/or
• stop or suspend the operation of this website.

General Disclaimer

You acknowledge and agree that:

• 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; and
• 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.

Except to the extent required by law:

• ATC makes no representations or warranties of any kind as to the operation or availability of this website or the information, content or materials included on this website, and all implied representations or warranties in relation to the operation or availability of this website or the information, content or materials included on this website are excluded; and
• ATC is not liable for any loss suffered by you in connection with the unavailability of this website and/or the use of this website or any linked website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information. 

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Copyright

This website and its contents are subject to copyright. The copyright is owned by ATC, or in the case of some material, third parties. 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 licence or right to use any trade mark 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). ATC 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. ATC 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. ATC 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. ATC 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. Except to the extent otherwise required by law, ATC 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

Certain parts of this website may allow you to submit materials (including links to third party content) which can be accessed and viewed by the public User Generated Content “UGC”. By using these features, you acknowledge and agree that:

• you will only publish 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 ATC under these Terms of Use;
• the submission and display of your UGC on this website, is not in breach of any third party’s rights or any applicable laws;
• you waive all moral rights that you may have in your UGC;
• none of your UGC is subject to any obligation of confidence on the part of ATC, its officers, directors, agents, related bodies corporate, employees and third-party service providers;
• ATC 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;
• 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;
• 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;
• your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
• you grant an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty-free and sub-licensable licence to ATC to use and display your UGC on this website, modify, adapt, publish, create derivate works from, sell and distribute your UGC, without any compensation or obligation to you;
• the use by ATC of your UGC in accordance with the licences granted by you to ATC under these Terms of Use will not breach any third party’s rights; and
  
  • ATC has no responsibility for your UGC and you agree to indemnify ATC (and its officers, directors, agents, related bodies corporate, employees and third party service providers) from and against any and all claims, losses, liabilities, damages, costs, charges and expenses that may be suffered or incurred by ATC (or its officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of, or in connection with, your UGC (including any breach of these Terms of Use by you or your UGC). 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 ATC that:
  • 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;
  • 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
  • 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.

To the extent your UGC includes a question or query, you acknowledge that ATC 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.

By submitting your email address (or any other contact details) in connection with your UGC, you agree that ATC 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 ATC’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 at our head office. On support@alltimeco.com.au. In the email 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 Queensland, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Queensland, Australia. ATC 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.

ATC

In these Terms of Use a reference to ATC is a reference to All Time Company Pty Ltd (ABN 86 634 719 467) and its related bodies corporate from time to time.

Version and Date

Version 01

November 2020

 

Refund Policy

A receipt is required in order to obtain a refund as you need to prove the item was purchased at All Time Company Pty Ltd (“ATC”) . If you don’t have a copy of your receipt, you can obtain a copy by either contacting ATC directly.

Version and Date

Version 01

November 2020

 

Product Availability

Not all the items listed on our website are available immediately. They may be marked as 'In stock', 'Limited stock' or Special order', but there are other statuses that tell you more about our stock availability and fulfilment.

In stock

When you see a product marked as 'In stock' it means we have high stock level

Limited stock

When you see a product marked as 'Limited stock' it means we have low or uneven stock levels.

Awaiting stock

When a product is marked as 'Awaiting stock' it means that the item is currently available to order but is not available for immediate delivery, and that new replenishment stock is already on the way from our supplier. Expected delivery times incorporating the supplier lead time will be quoted in the estimated delivery time provided in checkout.

Special order online

When an item is marked as 'Special order online' it means that the item is not available for immediate delivery, and needs to be ordered in from our supplier before it can be fulfilled.

Pre-order online

'Pre-order online' products are available for pre-order purchase ahead of their confirmed release date on our website. These items will not be fulfilled until their official release date.

Coming soon

The 'Coming soon' status denotes a product that we expect to sell in the future but that does not yet have a confirmed public release date. In some cases you'll be able to register your interest in these products to receive an email alert when a release date is confirmed.

Free postal delivery

'Free postal delivery' tells you that the product is currently available and will be sent to you via surface mail and you will not be charged for delivery for this item.

Temporarily unavailable

The 'Temporarily unavailable' status is used when we are unable to sell a particular item for an unexpected reason. We may also occasionally use this status when a product that is in very high demand is out of stock and our supplier is unable to confirm timings on future stock availability.

No longer available

When we have ceased selling a product we mark it as 'No longer available'. This means we will not be restocking this product. We will often suggest a similar or updated alternative option when one is available.

Version and Date

Version 01

November 2020

 

WEB SITE TERMS OF SALE

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and All Time Company Pty Ltd (ACN 634 719 467) (“ATC”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.alltimeco.com.au. By placing an order for Goods from ATC 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, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions:

"Account" means a personal account created by you on the Website;

"Additional Delivery Charge" has the meaning given in Section 3.4;

"Delivery Charge" has the meaning given in Section 3.3;

"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;

"International Delivery Charges" has the meaning given in Section 3.5;

"Order" means an order for Goods, placed on the Website;

"Password" means the password needed to access your Account;

"Pre-Orders" means an Order placed for a product (e.g. watch band, glass, or pin) prior to the official release date of that product;

"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 9.7; and

"Website" means www.alltimeco.com.au.

2. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that ATC represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing 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 implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified. 

3. PRICING & TAXES

3.1 Prices for Goods are as shown on the Website.

3.2 ATC 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 ATC.

3.3 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.

3.4 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 ATC 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, ATC will cancel your Order. ATC will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 If ATC 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.

3.6 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.

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

4. YOUR ACCOUNT

4.1 If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

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

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

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

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ATC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify ATC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If ATC suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify ATC then you must pay ATC the amount of that loss, damage, cost or expense if ATC asks you to.

5. ORDERS

5.1 You can place an Order by following the instructions on the relevant ATC website.

5.2 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. ATC may accept or reject your offer in its absolute discretion. In particular, but without limitation, ATC may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact solutions@alltimeco.com.au.

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

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

5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

5.6 For “Factory Scoop” Goods, a limit of one per customer applies.

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

5.8 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 cancelled once the Order has been accepted by ATC. ATC will use reasonable endeavours 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.

5.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ATC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by ATC, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.10 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. ATC cannot consolidate separate Orders into one delivery.  

5.11 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. 

5.12 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.13 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.

5.14 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.

5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ATC will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.16 * Free Shipping option is available to orders that equate to $250 or over. Orders will be shipped by Standard Parcel Post up to 1kg. Customers registered as a Trade will be sent with Toll Priority 1kg. All Time Company Pty Ltd reserve the right to charge shipping on orders that exceed the weight limit of 1kg.

5.17 Shipping methods include: Toll Priority, Express Post and Parcel Post.

5.18 Shipping is restricted to Australia only. 

5.19 Orders placed at alltimeco.com.au before 12pm Monday-Friday (excluding Public Holidays) will be eligible for same day despatch.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 ATC will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by ATC when ATC does this, however ATC may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that ATC cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1.

6.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or Afterpay account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or Afterpay (as the case may be) processes the cancellation. For ATC Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days.

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

6.5 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, Afterpay account or by ATC Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, ATC 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 you authorise ATC to deduct the price and the applicable delivery charge(s) from such card.

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

6.7 ATC may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, ATC 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.

6.8 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.

7. CANCELLATION OF ORDERS

7.1 ATC reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. ATC may do this for example, but without limitation, where:

(a) ATC’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond ATC’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that ATC is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask ATC to cancel your Order in accordance with section 5.8; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

7.2 You may cancel your Order where ATC:

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

(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: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside ATC’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where ATC cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of ATC or you cancelling your Order after payment has been processed, ATC will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, ATC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. AVAILABILITY OF GOODS/REFURBISHED STOCK

8.1 As ATC is dependent upon its Suppliers to provide stock, ATC cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. ATC 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. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ATC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2 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 perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

9. DELIVERY

9.1 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.

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

9.3 Where requested, ATC will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, ATC will call you to arrange an alternative delivery address.

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

9.5 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) take your Goods to a ATC nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

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

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.  

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, ATC will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. ATC will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. 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. 

9.8 ATC’s arrangements with its suppliers means that ATC is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.

11. PICK-UP OF GOODS IN STORE – “CLICK AND COLLECT”

11.1 Many Goods can be picked up from a ATC store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.

11.2 Only the person who placed the relevant Order may pick-up in-store the Goods ordered, unless that person nominates another person to pick-up the Goods on his or her behalf. Where the Goods being picked-up include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.

11.3 If you choose to pick up your Order in store, your Order should be available for pick up in store:

• 1 hour after your Order has been confirmed if your Order is confirmed more than 1 hour before the close of trading hours for the nominated collection store; or

• the next business day if your Order is confirmed less than 1 hour before the close of trading hours for the nominated collection store. 

11.4 When picking up Goods in store:

(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow ATC to take a copy of this identification for fraud prevention purposes. The copy will not be used by ATC for any other purpose or disclosed to any person outside of ATC;

(b) where you pick-up the Goods in-store, store staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that ATC has sent to you confirming that the stock is available for pick-up; and

(d) store staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event ATC will contact the person who placed the Order using the contact details provided.

12. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

12.1 You agree and acknowledge that:

(a) ATC does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 - 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by ATC or any of its staff;

(b) stock availability and events outside ATC’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;

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

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither ATC nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

14. REFUNDS OF YOUR MONEY

14.1 Where ATC is obliged to refund your payment pursuant to these Terms and Conditions, ATC aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). Please note that where Goods have been purchased using a ATC gift card, the applicable refund will be processed back onto the ATC gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if ATC 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.

14.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), ATC will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

15. RETURNS/FAULTY OR DAMAGED GOODS

15.1 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 ATC on http://www.alltimeco.com.au/contact-us/ as soon as possible.

15.2 If you have a problem with any Goods or otherwise wish to return them please refer to ATC’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any ATC store, you can also contact us on http://www.alltimeco.com.au/contact-us/.

15.3 When returning Goods:

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

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. 

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

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

16. MORE INFORMATION ABOUT ATC’S LIABILITY TO YOU

16.1 To the full extent permitted at law, ATC is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

17. PRIVACY

17.1 ATC 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

18. ADDITIONAL TERMS AND CONDITIONS

18.1 Your use of the Website is governed by the Website Terms of Use 

18.2 Additional terms and conditions apply to delivery of home appliances and large panel TVs which ATC classifies as big and bulky. See ATC Home Appliance Delivery Terms & Conditions and Large Panel TV Delivery Terms & Conditions, which form part of these Terms and Conditions.

19. GENERAL

19.1 ATC 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.

19.2 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.

19.3 These Terms and Conditions are governed by the laws of Victoria, Australia.

Version and Date

Version 01

November 2020

  

PRIVACY POLICY

All Time Company Pty Ltd (“ATC”) and its subsidiaries recognise that your personal information is important to you and that you are concerned with its collection, use and disclosure. ATC, like other companies operating in Australia, is bound by the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) which set clear standards regarding these activities.

This policy contains information about:

• when you can deal with ATC anonymously;
• the purposes for which ATC collects, holds, uses and discloses personal information;
• the types of personal information that ATC collects;
• how ATC collects and holds personal information;
• how you may access the personal information that ATC holds about you, and how you may seek correction of that personal information; and
• how you may complain about a breach of the Australian Privacy Principles by ATC and how ATC will deal with such a complaint.

When can you deal with ATC anonymously?

Generally, you can deal with ATC anonymously (i.e. without identifying yourself). In certain circumstances however, ATC will ask you to provide personal information because it is required by law or ATC’s policies to do so, or because it would be impracticable to deal with you anonymously. These circumstances include where you order goods online (including when you pick up such goods from one of our stores), where you trade-in or buy second-hand games, where you purchase pre-paid mobile phone services, where you sign up to a post-paid mobile phone plan, where you purchase an extended warranty on a product or accidental damage insurance, where you apply to purchase goods on finance, where you return goods for repair, where you purchase goods to be delivered or installed, collect goods from a ATC warehouse or storeroom, where you enter one of our competitions, when you submit a request, enquiry, complaint, consumer guarantee or warranty claim, when you pre-order goods and when you purchase goods on lay-by. 

Why does ATC collect, hold, use and disclose personal information?

ATC collects, holds, uses and discloses personal information for a number of purposes connected with our business operations, which include:

• providing you with products and/or services you have ordered/purchased;
• dealing with requests, enquiries, complaints, consumer guarantee or warranty claims, and other customer care related activities;
• marketing our products and services and providing advice on our products;
• developing and improving our products and services;
• in connection with our loyalty or reward programmes and competitions;
• the operation and administration of accounts or subscriptions that you have with us;
• payment processing;
• carrying out certain checks (for example, for our fraud or theft prevention processes, if you wish to open an account with us, obtain credit from us, collect goods from a ATC warehouse or storeroom, or pick-up goods in-store that have been ordered online);
• interacting with companies or organisations with whom ATC has a business relationship (where you work for, or otherwise represent, such an organisation);
• reconciling payments due to ATC from suppliers in relation to goods or services provided to you by those suppliers;
• purposes relating to any third party acquisition or potential acquisition of an interest in ATC or its assets;
• complying with our obligations under agreements with third parties and
• carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with, or in connection with legal proceedings, crime or fraud prevention, detection or prosecution. In particular, ATC is required by law to collect personal information in certain circumstances, including:
• if you trade-in goods (under, depending on the State or Territory in which you are located, the Second-hand Dealers and Pawnbrokers Act 2003 (Qld), the Second-hand Dealers and Pawnbrokers Act 1996 (SA), the Second-hand Dealers and Pawnbrokers Act 1994 (Tas), the Second-Hand Dealers and Pawnbrokers Act 1989 (Vic), the Consumer Affairs and Fair Trading Act 1990 (NT) and related regulations); and

We may also use and disclose your personal information for other purposes related to those described above which would be reasonably expected by you. Documents (including hard copy documents and electronic documents such as emails) which coincidentally contain personal information will also be retained in accordance with ATC’s normal document retention practices for accounting, legal and business purposes. Generally, you have no obligation to provide any personal information requested by us. However, if you choose not to do so where we require this information, we may not be able to provide you with the goods and services that you want.

What personal information does ATC collect?

The kinds of personal information we collect or which we may hold about you may include:

• your name;
• your address;
• your date of birth;
• your telephone number(s);
• your e-mail address;
• payment information;
• transaction information;
• your user name and password;
• details about your earnings (if you are buying products using a finance plan);
• information contained on identification documents (such as driving licences) and, in some specific cases, copies of such identification documents, where we require these to verify your identity;
• information on how you use our products and services;
• your Internet Protocol (“IP”) address, server address, domain name and information on your browsing activity when visiting one of our websites;
• your user name for social networking sites that you use, to refer to, or in conjunction with, our goods and services and personal preferences regarding products and services; and CCTV images of you whilst you are in one of our stores.

How does ATC collect and hold your personal information?

We collect personal information in a number of ways including:

• when you order goods or services from us (either online, in-store or over the telephone);
• when you collect goods that you have ordered from us, including from a ATC warehouse or storeroom;
• when you set up an account with us;
• when you purchase certain products or extended warranties from us;
• when you buy goods on lay-by or “duty-free” goods;
• when you pay for goods by cheque;
• when you subscribe to our catalogues or mailing lists or those of certain partners of ours;
• when you subscribe to ATC subscription service;
• when you sell second-hand goods to us or buy second-hand goods from us;
• when you enter competitions or promotions that we run;
• when you provide us your details for customer care purposes;
• when you browse one of our websites (further information is set out later in this Privacy Policy);
• when you submit an enquiry using one of our websites;
• when you complete surveys or provide online feedback or product reviews; and
• when you publicly comment about us on social media sites (for example so that we can answer questions about our products); and through the closed circuit video cameras located in our stores, when you visit one of our stores.
• Generally, ATC will collect your personal information directly from you. However, ATC also holds information, collected incidentally, concerning individuals who work for companies or organisations that have a business relationship with ATC. Additionally, if you apply for a job with ATC, we may collect personal information about you from any third parties that you nominate as your referees in your application.
• ATC holds personal information in a number of ways, including:
• as part of customer records and other electronic documents on which personal information is contained which are stored on our information technology systems and servers operated by third parties who provide services to us in connection with our business; and
• by securely storing hard copy documents on which personal information is contained, at our various premises and using third party document management and archiving services.

Marketing

We may use your personal information that we have collected to promote and market products and services to you, including through methods such as email and SMS. We will not use your personal information for marketing purposes where you have opted out of receiving such communications. When we send you marketing communications we may provide you a particular way to opt-out such as via SMS. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Privacy Officer, ATC, either by email to privacy@alltimeco.com.au. Please note that when you create an account with us your details will be added to our marketing database to receive information relating to ATC and our products. You may also choose to receive such information by subscribing to our marketing database via one of our websites. To opt-out of receiving ATC marketing materials from our marketing database, you will need to unsubscribe from our database. To do this, simply select the “unsubscribe” option in one of the emails that you receive from us. Please note that if you have an account with ATC, we may still need to send you essential information about your account.

Sharing your personal information

ATC may disclose or receive personal information or documents about you, including to/from:

• organisations that provide services to us in connection with our business, including customer support, payment processing, administration, archival, data storage, hosting, research, mail and delivery, installation, distribution, logistics, marketing, auditing, share registry, consulting, financial and legal advisory, banking, debt collection, security or technical services and the operation of ATC websites. In some cases these service providers may collect your personal information on our behalf;
• if you return goods to ATC to be repaired, our repairs system administrator, the manufacturer of the goods and authorised repairers;
• law enforcement agencies to assist in the prevention, investigation and prosecution of criminal activities;
• parties involved in any third party acquisition or potential acquisition of an interest in ATC or its assets;
• our insurers and insurance brokers;
• if goods you purchase from ATC are subject to a product recall, the manufacturer or distributor of those goods; and
• to other third parties where you have specifically consented to the disclosure of information to these third parties.
• Additionally, if you return goods to us on which personal information is stored for repair (for example, on a mobile phone or computer) and do not delete that personal information, ATC will send the goods to the repairer. By returning such goods to ATC for repair, you consent to ATC disclosing any personal information contained on the goods to the repairer, by way of ATC sending the goods to the repairer.

Disclosure of personal information to overseas recipients

ATC is likely to disclose the personal information that it collects and holds about you to third parties who are not in Australia (such as third parties who are located in the United States of America, Singapore, the United Kingdom, Holland, Israel and New Zealand) for one or more the purposes set out in this policy e.g. to provide you the goods/services you have purchased. Some of the jurisdictions in which these third parties are located may have less protective privacy and data protections laws than Australia.

Security of your personal information

We will take reasonable steps to ensure that the personal information that we hold is stored in a secure environment protected from misuse, interference and loss and any unauthorised access, modification or disclosure.

How to access, correct and update your personal information

You may also request us to correct the personal information that ATC holds about you. If you do so and we are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, ATC will take such steps as are reasonable in the circumstances to correct your personal information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading.

To request access to the personal information that ATC holds about you, or to update or correct that personal information, please send a written request to The Privacy Officer, ATC Pty Ltd, either by email to privacy@alltimeco.com.au or 07.xxxxx.

In addition:

• if you are a subscriber to our marketing database you can also update your details via the “unsubscribe” option in one of the emails that you receive from us;
• if you subscribe to one of our services you can also update your details via that service.

How to make a complaint

If you are concerned that the way ATC collects, holds, uses or discloses your personal information may be in breach of the Australian Privacy Principles, please send written details of your complaint to The Privacy Officer, All Time Company Pty Ltd, either by email to support@alltimeco.com.au

How ATC will handle complaints

After receiving a complaint, we will consider whether we need any further information from you to properly consider and investigate the complaint, and may request such information from you. We will then:

• conduct internal discussions with the relevant business units involved in the collection, holding, use or disclosure of your personal information which is the subject of your complaint, and evaluate whether we believe that such collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles; and
• notify you of the results of our investigation of your complaint.
• If the conclusion of our investigation is that our collection, holding, use or disclosure of your personal information was in breach of the Australian Privacy Principles, we will take steps to remedy the breach as soon as reasonably practicable.

We will endeavour to notify you of the results of our investigation of your complaint within 30 days of receiving your complaint. However, if your complaint involves complex matters or requires extensive investigation and consultation, it may not be possible to respond within this timeframe.

If you are not satisfied with our response to your complaint you are entitled under the Privacy Act 1988 (Cth) to make a complaint to the Office of the Australian Information Commissioner. Information about how to make a complaint is available from the Office of the Australian Information Commissioner’s website (www.oaic.gov.au).

Button/Coin Batteries

From 22 June 2022 Button/Coin batteries and consumer goods containing Button/Coin batteries must comply with the Australian Federal Government Safety and Information standards 2020. All Time Company supplies Button/Coin batteries with the intended use by Horological trade.

Our Button/coin batteries are intended for Trade Use Only. Batteries sold online at www.alltimeco.com.au are not intended for resale or for the general public. All Time Company will NOT take responsibility of any misuse of Button/Coin batteries purchased from our store.

If you intend to resell button/coin batteries purchased from All Time Company, we recommend that you comply with the ACCC mandatory safety and information standards.

For more information on button/coin batteries and the Australian mandatory safety & information standards, please visit the link below;

https://www.productsafety.gov.au/products/electronics-technology/button-batteries

Exemptions

ATC sometimes handles personal information relying on exemptions under the Privacy Act 1988 (Cth), for example in relation to (i) employee records; (ii) related bodies corporate; (iii) provision of services to State or Territory authorities; and (iv) operations outside Australia relating to personal information of non-Australians. Any permitted handling of personal information under such exemptions will take priority over this Privacy Policy to the extent of any inconsistency.

Version and Date

Version 02

August 2022