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Legal

Terms of Sale

These terms apply when you buy from sparkieev.com. Please read them before you order. Last updated .

1. Who we are

Sparkie EV is the trading name of Jack Louis Noonan, a sole trader, ABN 19 161 044 823 ("we", "us"). We are a retailer. We sell portable electric vehicle chargers that are designed, manufactured and supplied to us by an independent manufacturer (see section 3).

Contact: sparkieevchargers@gmail.com (we reply by email). Victoria, Australia.

By placing an order you agree to these terms. If anything in these terms conflicts with the Australian Consumer Law, the Australian Consumer Law wins.

2. Your rights under the Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded. Every limit on our liability in these terms applies only to the extent the law allows.

3. The products and their maker

We sell chargers from two brands. Each is supplied in Australia by its own company (each one "the Manufacturer"): SEVR chargers by Metal Manufactures Pty Limited (ABN 13 003 762 641), trading as SEVR (sevr.au), and EVSE Australia chargers by EVE Australia Pty Ltd (ABN 95 614 095 644) (evse.com.au). The Manufacturer is responsible for the product's design, manufacture, safety testing and its compliance for sale in Australia under the Electrical Equipment Safety System (EESS) and RCM scheme, and is the warrantor of the manufacturer's warranty in section 7.

We choose which products to stock and check that they carry current RCM registration, but we do not design, manufacture or modify them. Product specifications, ratings and instructions are the Manufacturer's. Product images are illustrations; the product you receive may differ slightly in appearance but not in its rated specifications.

As well as your rights against us, you may have rights directly against the Manufacturer under the Australian Consumer Law, including for a safety defect. We will give you the Manufacturer's details on request.

4. Orders, prices and payment

  • Prices are in Australian dollars. We are not registered for GST, so no GST is charged. Shipping within Australia is free unless shown otherwise at checkout.
  • Payment is taken at checkout by our payment processor, Stripe. We never see or store your full card details.
  • Your order is an offer to buy. A contract forms when we email you an order confirmation. We may decline or cancel an order (with a full refund) if the product is unavailable, if there is an obvious pricing or listing error, or if we reasonably suspect fraud.
  • We sell to customers with a delivery address in Australia only.

5. Shipping and delivery

We aim to dispatch within 1 business day of payment, from our suppliers' Australian warehouses. Delivery usually takes 1 to 6 business days. These are estimates; carriers sometimes run late.

The goods become yours, and responsible for them passes to you, when they are delivered to your address (including when left there at your instruction). If an order arrives damaged or doesn't arrive, tell us within 7 days of the expected delivery date and we will sort it out with the carrier and replace or refund it.

6. Change-of-mind returns

If you change your mind, you can return a charger within 30 days of delivery for a refund of the price paid, provided it is unused, undamaged and in its original packaging with all parts. Email us first for a free return label. We refund to your original payment method within 5 business days of receiving and checking the return.

This change-of-mind policy is in addition to your rights for faulty goods in section 8, which do not depend on it.

7. Manufacturer's warranty

The Manufacturer warrants that each charger will be free from defects in materials and workmanship, when used as described in its instructions, for: 3 years for SEVR chargers, given by Metal Manufactures Pty Limited (SEVR), sales@sevr.au, 1800 007 387; and 2 years for EVSE Australia chargers, given by EVE Australia Pty Ltd, evse.com.au, 1300 406 210. The warranty period runs from the date of delivery.

How to claim: contact us first at sparkieevchargers@gmail.com with your order number, a description of the problem and photos or a short video. We will lodge the claim with the Manufacturer for you and arrange collection. If the claim is accepted, the Manufacturer will repair or replace the charger (or refund it if neither is possible). The Manufacturer and we cover the cost of return shipping for an accepted claim. For a SEVR charger you can also claim directly with SEVR using the contact details above; quote your Sparkie EV order number.

The warranty does not cover damage or failure caused by: use with an adapter, extension lead or powerboard; connection to a socket or circuit that is faulty or doesn't meet AS/NZS 3000; opening, modifying or repairing the charger yourself; crushing, driving over, immersing or other physical damage; use outside the rated current, voltage or temperature; or normal wear of the cable and plugs.

The benefits to you given by this warranty are in addition to other rights and remedies you have under a law in relation to the goods to which the warranty relates.

8. Faulty products

If your charger is faulty, contact us. Under the Australian Consumer Law we will provide a remedy where the product fails a consumer guarantee: for a major failure you can choose a refund or replacement, and for a minor failure we may choose to repair it, replace it or refund you. We may ask for photos, a video or the product itself so we and the Manufacturer can assess it.

The consumer guarantee of acceptable quality does not apply where a failure is caused by abnormal use, including the uses listed as exclusions in section 7.

9. Safe use: your responsibilities

EV charging draws high current for hours at a time. Before and while using a charger you must:

  • Read and follow the Manufacturer's instructions and safety warnings.
  • Plug the charger directly into a correctly rated wall socket. Never use an adapter, extension lead, powerboard or double adaptor.
  • Use a 15 A plug only in a 15 A (or higher) socket. A dedicated 15 A or 20 A outlet must be installed by a licensed electrician, with a Certificate of Electrical Safety where required in Victoria.
  • Have older or doubtful wiring checked by a licensed electrician before regular charging.
  • Check the cable, plugs and control box before each use, and stop using the charger if it is damaged, wet inside, or if the plug or socket gets hot.
  • Not open, modify or attempt to repair the charger.

Choosing a socket and circuit that is suitable, and the condition of your property's wiring, are your responsibility (or your landlord's or electrician's), not ours or the Manufacturer's.

10. Our liability

Subject always to section 2:

  1. We make no promises about the products beyond those in these terms, those the Australian Consumer Law guarantees, and the Manufacturer's own warranty and specifications.
  2. We are not liable for loss or damage to the extent it is caused by: use contrary to section 9 or the Manufacturer's instructions; your property's wiring, sockets or electrical installation; work done by anyone other than us; your vehicle or its onboard charger; or events outside our reasonable control.
  3. We are not liable for any loss or damage that was not reasonably foreseeable when you placed your order.
  4. Where a loss is caused by a defect in the design or manufacture of a product, the Manufacturer is responsible for it under the Australian Consumer Law and its warranty, and we will pass your claim to the Manufacturer and help you pursue it. This does not reduce the rights you have against us.
  5. If you buy for business purposes and the goods are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to meet a consumer guarantee is limited, at our option, to replacing the goods, repairing them, or paying the cost of doing either.
  6. Nothing in these terms limits liability for death or personal injury caused by our negligence, or for our fraud.

11. Product recalls

If the Manufacturer or a regulator recalls a product we sold you, we will contact you using your order details and tell you what to do. Please keep your contact details up to date and follow recall instructions promptly.

12. Website information

Our range calculator, charging times, compatibility tables and buyer's guides are general information and estimates. Real results depend on your car, its onboard charger, the weather, your supply voltage and your wiring. They are not advice about your particular property or vehicle. Check your vehicle's manual and get a licensed electrician to assess your installation.

13. Installation

We sell chargers only. We don't carry out or arrange electrical installation work. If you need a new outlet or circuit, have it installed by a licensed electrician (in Victoria, a Registered Electrical Contractor), who will issue a Certificate of Electrical Safety where required. That work is between you and your electrician.

14. General

  • Privacy: we handle your personal information as set out in our Privacy Policy.
  • We may update these terms. The version on our website when you place your order applies to that order.
  • If any part of these terms is invalid or unenforceable, it is severed and the rest continues to apply.
  • These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction.
  • Questions or complaints: sparkieevchargers@gmail.com. If we can't resolve a complaint, you can contact Consumer Affairs Victoria.