SERVICE LEVEL AGREEMENT
THIS SERVICE LEVEL AGREEMENT IS MADE BY AND BETWEEN
E-COM (AUS) PTY LTD, ACN 150 104 715, WITH OFFICES LOCATED AT LEVEL 1, 446
COLLINS STREET, MELBOURNE VIC 3000 (“MYDEAL.COM.AU”)
AND [THE PERSON NAMED AS THE SELLER IN THE SELLER TERMS AND CONDITIONS (“SELLER”).
THE PARTIES HAVE ENTERED INTO AN AGREEMENT CONSTITUTED
BY THE SELLER TERMS AND CONDITIONS (“ SELLER TERMS AND CONDITONS ”) IN WHICH MYDEAL.COM.AU REQUIRES ITS
SELLERS TO DELIVER AN ACCEPTABLE, CONSISTENT LEVEL OF CUSTOMER SUPPORT TO USERS
IN ACCORDANCE WITH THE STANDARDS SET OUT IN THIS SERVICE LEVEL AGREEMENT.
BY ENTERING INTO THE SELLER TERMS AND CONDITIONS, THE
PARTIES AGREE TO BE BOUND BY THIS SERVICE LEVEL AGREEMENT (INCLUDING AS AMENDED
FROM TIME TO TIME).
IT IS AGREED AS FOLLOWS:
(i)
any failure to meet an obligation or service level performance criteria may
have a material adverse impact on the business and operations of MyDeal.com.au;
(ii) such failure shall entitle
MyDeal.com.au to take any action that MyDeal.com.au sees fit in relation to a
Product and/or Voucher and its related enquiries. This may include partial
compensation or full refund; and
(iii) Any cost incurred by
MyDeal.com.au will be set-off against the Seller account or recovered from the
Seller. This includes, without limitation, issuing refunds of any order as well
as refunding delivery charges.
Items |
Actions
to be taken |
Timeframe |
Respond to emails |
The Seller must respond to all User and MyDeal emails via the MyDeal
Marketplace Enquiry Inbox within the stipulated timeframe. |
2 business days |
Dispatch
an order |
The Seller must dispatch and provide delivery tracking details to the
User within the stipulated timeframe. The Seller must be able to provide proof of
shipping if required. Examples of proof of shipping include: ●
a copy
of the shipping receipt or shipping label that includes the delivery address,
recipient name and tracking number; ●
for
Australia Post eParcel customers, a copy of the
consignment information page which shows the delivery address and the online
tracking code that can be used to confirm delivery; ●
a
shipping code from a carrier that will allow viewing of the shipping status
and delivery address; or ●
A
receipt issued by the carrier that is signed by the recipient acknowledging
delivery. The Seller must not provide an “Authority to
Leave” without the User’s consent. If Products and/or Vouchers are left
without permission and become damaged, lost or have
missing parts, the Seller is liable for all loss arising from the damage,
loss or missing parts. Note: where a Seller dispatches more than one (1) order at the same
time, the Seller must provide delivery tracking and proof of shipping with
respect to all orders. |
Time specified in the Seller Terms |
Reject an order |
When a Seller decides to reject an order (including because the
relevant Product and/or Voucher is out of stock, or because the Product
and/or Voucher is unable to be delivered to the User’s address), the Seller
must within the stipulated timeframe: ●
Notify
the User that they are rejecting the order (including reasoning) and advising
them they will receive a refund; and ●
Issue a
refund to the User via the MyDeal Marketplace portal. |
2 business day |
Reject User cancellation request /
change of mind returns |
The Seller may choose to reject a User’s cancellation request. In the
event the Seller rejects a cancellation request, the Seller must (within the
stipulated timeframe) notify the User of the decision. Notwithstanding the above, Sellers must
comply with any returns or change or mind policies they have listed in their
Seller Terms. |
2 business days from the User’s cancellation
request |
Accept
User cancellation request / change of mind return |
The Seller may choose to accept a User’s cancellation request or
change of mind once an order has been placed. The Seller must accept the
cancellation request or change of mind if it is required by the Seller Terms
and Conditions, or applicable law, to do so. In the event the Seller accepts
a cancellation request or change of mind return, the Seller must within the
stipulated timeframe: ●
Notify
the User that the cancellation request or change of mind return is accepted;
and ●
Fully
inform the User of any costs or requirements of cancelling the order or
change of mind return, including but not limited to, the condition the
Product must be returned in, which party is responsible for the original
shipping costs (if applicable), restocking fees, other costs to be deducted,
and when a refund/credit note will be issued. The Seller must provide MyDeal.com.au with
full details including breakdown of any deduction from the refund amount such
as original shipping cost and/or restocking fee. Notwithstanding anything to the contrary, we
expect Sellers to comply with any returns or change or minds policies they
have listed in their Seller Terms. |
2 business days from the User’s cancellation
request |
Missing
parts (available) |
The Seller must dispatch missing parts and provide delivery tracking
details to the User within the stipulated timeframe. Please see “Missing
parts (not available)” below if the missing parts cannot be dispatched within
the stipulated timeframe. MyDeal may in its sole and absolute
discretion issue a refund to the User if the Seller fails to dispatch missing
parts within the stipulated timeframe. Note: The Seller is responsible for all
shipping costs incurred as a result of missing
parts. In the event that the Seller dispatches the
incorrect missing parts, the Seller must comply with the process in “Missing
parts (not available)” below. |
10 business days from being notified of missing parts from the User. |
Missing
parts (not available) |
If the Seller is unable to provide missing parts within the
stipulated time frame under “Missing parts (available)”, the Seller is
required to notify the User within the stipulated timeframe with an ETA for
the missing parts. The User may then decide to, at their election: ●
wait
for delivery of the missing parts; or ●
request
a full refund. In the event a User requests a full refund,
the Seller is obliged to provide a full refund. These options must be given to the User, however, the Seller is also permitted to also offer
alternative remedies including providing compensation for the User to keep
the Products and source their own missing parts. Note: The Seller is responsible for all
shipping costs incurred as a result of missing
parts. |
2 business days from being notified of missing parts from the User. |
Products/Vouchers that don’t match description, or incorrect Products/Vouchers
received |
In the event that the User receives the incorrect Products or
Vouchers, or the Products or Vouchers don’t match their description, the
Seller must provide one of the following remedies to the User within the
stipulated timeframe (at the election of the User): ●
replace
the Products/Vouchers with the correct Products/Vouchers at no additional
cost; or ●
a full
refund. The Seller is taken to have provided one of
the remedies within the stipulated timeframe if: ●
in the
case of replacing the Product/Voucher – the Seller dispatches the replacement
Product/Voucher and provides the delivery tracking to the User; or ● in the case of providing a full refund – the Seller issues a full refund to the User via the MyDeal Marketplace Portal. In the event the Seller fails to provide one
of the above remedies, MyDeal may on behalf of the Seller, in its sole and
absolute discretion (but subject to any obligations arising under the
Australian Consumer Law), arrange the return of the incorrect
Products/Vouchers with the User at no cost and refund the User on behalf of
the Seller. The Seller is responsible for arranging the collection or return of
the incorrect Products or Vouchers with the User at the Seller’s cost, in
accordance with and subject to the provisions of the Australian Consumer Law. |
10 business days from being notified by the
User. |
Faulty Products/ warranty claims |
The Seller is required to comply with Australian
Consumer Law at all times. Without limiting consumer rights which apply
under the Australian Consumer Law, in the event that there is a major failure
with a Product, the User is entitled, at their sole and absolute discretion,
to reject the Product and ask for a refund or replacement,
or ask for compensation for any drop in the value of the Product. In the event that there is a minor failure with a Product,
the Seller can choose between a repair, replacement or refund. The Seller is required to provide a remedy
for Product faults within the stipulated timeframe. The Seller is taken to have provided one of
the remedies within the stipulated timeframe if: ●
in the
case of a refund: the Seller issues a refund to the
User via the MyDeal Marketplace Portal; ●
in the
case of a replacement: the Seller dispatches the
replacement Products and provides delivery tracking to the User; or ●
in the
case of a repair: the Seller dispatches the repaired
Products and provides a delivery tracking to the User. Subject to the Seller’s obligations under the Australian Consumer
Law, the User is responsible for returning the Product to an Australian
postal address if it can be posted or easily returned. The Seller must
reimburse the User for reasonable postage, packaging and/or transportation
costs if the Product(s) are confirmed to be faulty. If the Product(s) are too
large, too heavy or too difficult to
remove, the Seller is responsible for arranging, at their cost, the
return and collection of the faulty Products. The Seller may also be required to compensate the User for any
consequential costs incurred due to the faulty Product(s). This includes, but
is not limited to, cost of packaging material, cost to remove installed items
(e.g. air-conditioning unit), and/or cost of disposing
of faulty Product(s). |
10 business days from being notified of the
fault or damage from the User. |
Lost
in transit (LIT) |
The Seller must lodge an investigation with the courier provider for
all Products/Vouchers reported as undelivered. This must be lodged with the
courier provider within 2 business days from the date the User reported the
undelivered Products/Vouchers. Irrespective of the courier providers
investigation timeframe, the Seller must be able to provide the User, within
the stipulated timeframe, one of the following (at the election of the User): ●
Proof(s)
of shipping. Examples of proof of shipping include: ●
a copy
of the shipping receipt or shipping label that includes the delivery address,
recipient name and tracking number; ●
for
Australia Post eParcel customers, a copy of the
consignment information page which shows the delivery address and the online
tracking code that can be used to confirm delivery; ●
a
shipping code from a carrier that will allow viewing of the shipping status
and delivery address; or ●
a
receipt issued by the courier carrier that is signed by the recipient
acknowledging delivery, ●
replacement
Products. Products must be dispatched and delivery
tracking details provided to the User; or ●
full
refund. The Seller must be able to provide “Proof of
Delivery” on request. If Products and/or Vouchers are lost in transit, and
the Seller is unable to provide Proof of Delivery, the Seller is liable. |
10 business days from the date the User
reported the Products/Vouchers undelivered. |
Returned
to sender (RTS) |
In the event a dispatched Product is “returned to sender”, the Seller
must lodge an investigation with the courier provider within the stipulated
timeframe. Note: if the investigation concludes that
the Products were returned due to: ●
User
error, the User will be liable for any shipping costs, re-delivery costs or
any other associated fees that may be applicable. User error may include, but
is not limited to, incorrect address supplied, refusal of delivery, failure
to collect etc. ●
Seller
error, the Seller must either: o
Cover
any costs related to the re-delivery of the Products to the Seller; or o
Provide
a full refund. |
2 business days from receiving the returned
Product(s). |
Additional
freight |
If additional shipping costs are required to be paid, the Seller must
issue an invoice for additional shipping costs via the Marketplace Portal
within the stipulated timeframe. |
1 business day |
Escalations |
If
the User is unable to reach a reasonable resolution with the Seller via the
MyDeal Marketplace Enquiry Inbox, the User can escalate this matter to MyDeal
for review. MyDeal will use all reasonable endeavours
to assist the Seller and the User in resolving the problem. This
includes, but is not limited to escalations raised by the User via a: ● MyDeal ticket enquiry ● PayPal Disputes/Claims ● Chargebacks ● ZipPay Disputes ● Afterpay Disputes ● Fair Trading Complaints ● Consumer Affairs Complaints |
10 business days from being notified by
MyDeal |