Last updated on 24 April 2019
These terms and conditions (Terms) govern your use of the Appliance Giant website located at www.appliancegiant.com.au/ (Website) and our supply of goods through the Website. By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Website and us, LNAMO & R NAMO ABN 54 948 914 771, trading as ‘Appliance Giant’, (Appliance Giant, our, we or us).
These Terms set out the terms and conditions that apply when you use this Website and if you offer to purchase goods through the Website (Goods).
We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
1. USE OF THE WEBSITE
1.1 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws and must ensure that your employees, sub-contractors and anyother agents who use or access the Website comply with the Terms and any applicable laws.
1.2 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consentof Appliance Giant;
(b) use the Websitefor any purpose other than the purposes of browsing, selecting or purchasing Goods;
(c) use, or attempt touse, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or(a)use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or theserversornetworks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Appliance Giant, including by linking to the Website on any otherwebsite; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigating or participating in a denial-of-service attack against the Website.
1.3 INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agreethat wedo not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time withoutnotice, including productdescriptions, prices and otherWebsite Content.
1.4 INTELLECTUAL PROPERTY
(a ) Appliance Giant retains ownership of the Website and all materials on the Website (including text, graphics, logos, design,icons,images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Appliance Giant or as permitted by law.
1.5 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility.
(b) We have no control over the content of the linked websites and we are not responsible for it.
(c) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Appliance Giant does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take yourown precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
1.7 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using thecontact details or form provided on our Website.
(a) (Limitation of liability) To the maximum extent permitted by applicable law, Appliance Giant excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any goods or services provided by Appliance Giant.
Claims for loss of or damage to Goods in transit must be made against the carrier.
Goods sold by Appliance Giant will have only the benefit of any warranty given by the manufacturer. All other express or impliedrepresentations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including theCompetition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Appliance Giant’s liability for breach of that non-excludable condition, warranty or guarantee will, at Appliance Giant’s option, be limited to:
(i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(b) (Indemnity) You agree to indemnify Appliance Giant and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives’ use of the Website or of any goods or servicesprovided by Appliance Giant.
(c)(Consequential loss) To the maximum extent permitted by law, under no circumstances will Appliance Giant be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any goods or services provided by Appliance Giant (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth)).
2. SUPPLY TERMS
2.1 OFFER TO PURCHASE
By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirmthat you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your order and you receive an email from us confirming that your order is being processed.
(a) (Payment obligations) Unless otherwise agreed in writing:
(i) if Appliance Giant issues an invoice to you, payment must be made by the time specified in such invoice;
(ii) in all other circumstances, you must pay for all Goods on or prior to Appliance Giant dispatching the Goods for delivery;
(iii) deposits are non-refundable and cannot be exchanged for credit, and
(iv) you must not set off any money alleged to be owing by Appliance Giant against money due by you to Appliance Giant.
(b) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to anyGST payable for a taxable supply by Appliance Giant, you must pay the GST subject to ApplianceGiant providing a tax invoice.
(c) (Card surcharges) Appliance Giant reserves the right to charge credit card surcharges in the event that payments are made using acredit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(d) (Online payment partner) We may use third-party payment providers, including Stripe.com (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider.We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
We reserve the right to cancel your order for any reason and will notify you of this as soon as possible. Where payment hasalready been debited, the full amount will be credited back to your original method of payment.
(a) (Pricing)In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(b) (Description, Specification & Image)In the event that we discover an error or inaccuracy in theproduct descriptions, specifications and/or images at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of changing the model(SKU) purchased, or cancelyour order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
2.5DELIVERY, SHIPPING AND INSTALLATION
(a) (Delivery) For Goods to be delivered, Appliance Giant may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Appliance Giant.
(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
(c) (Accepting delivery) You must provide us with all relevant delivery details when submitting a Purchase Order, including byproviding the delivery address, details of the space in which the relevant Goods are to be installed, details of any obstacles to such Goods’ installation and any other details which we reasonably ought to be aware of in order to deliver and/or install the relevant Goods.
(d) (Redelivery costs) You agree that you must pay reasonable redelivery costs (as reasonably specified by us and invoiced to you) if redelivery is necessary to complete delivery or installation of Goods, and if the original failed delivery or installation was caused orcontributed to by you not providing us with sufficient details in accordance with clause 2.5(c) above.
(e) (Installation) We may be able to assist you with installation of some Goods. If we do, risk in the Goods will not be affected and youcontinue to assume risk in the Goods once delivered. You agree that it is your responsibility to supervise such installation and ensure that no damage is caused to your premises or personal property as part of the installation, and you release us from any suchloss or damage arising out of our installation of the Goods.
(f) (Old items) You agree that in supplying Goods, Appliance Giant may assist you by removing old items from your premises, andyouagree to transfer title in such old items to us.
(g) (Your obligations) If Appliance Giant provides delivery, redelivery, installation or removal services for old items under this clause2.5, you agree:
(i) you must:
A. co-operate with Appliance Giant in receiving such services;
B. comply with Appliance Giant’s reasonable directions in this regard;
C. provide Appliance Giant with all documentation, information and assistance reasonably required for the Appliance Giantto perform suchservices;
D. liaise with Appliance Giant as it reasonably requests for the purpose of enabling Appliance Giant to provide such services;and
E. pay additional service fees for changes to such services requested by you which are outside the scope originally agreed;
(ii) to pay Appliance Giant for such services in the amounts and at the times specified in any relevant invoice issued to you by Appliance Giant; and
(iii) any service that requires Appliance Giant to acquire goods and services supplied by a third party on your behalf may be subjectto the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies, and you agree to anyThird Party Terms.
2.6 TITLE AND RISK
(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Appliance Giant.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
(c) (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you,Appliance Giant reserves the right to revoke such credit and demand immediate payment before any furthershipment of Goods;
(ii) you must pay Appliance Giant interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Appliance Giant;
(iii) you authorise Appliance Giant, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
(iv) Appliance Giant may at its option keep or resell Goods retaken from you; and
(v) if you sell Goods or items into which the Goods are incorporated before payment in full to Appliance Giant, you acknowledge that such sale is made by you as bailee for and on behalf of Appliance Giant, to hold the proceeds ofsaleon trust for Appliance Giant, in an account in the name of Appliance Giant, and you must pay that amount to Appliance Giant on demand.
2.7 DOMESTIC USE ONLY
Unless otherwise indicated, the Goods are for domestic use, and you acknowledge and agree that putting the Goods to commercial use,or to any use other than domestic use, is likely to impact the manufacturer’s warranty for those Goods.
2.8 CUSTOMS AND DUTIES
Appliance Giant reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge thatfailure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
2.9 EXTENDED WARRANTY
Appliance Giant may offer extended warranty packages from time to time and you acknowledge and agree that:
(a) the offerings under such packages will likely overlap with Appliance Giant’s and the relevant manufacturers’ obligations under the Competition and Consumer Act 2010 (Cth)); and
(b) none of the cost to you for such packages is referable to the extent of that overlap.
2.10 RETURNS & EXCHANGES
(a) Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause.
(b) (Change of mind return) We may accept change of mind returns if you comply with the following terms:
(i) you must notify us via email of a requested change of mind return within 30 days of the date of delivery of the relevant Good;
(ii) you may return the relevant Good to an address nominated by us, at your cost;
(iii) you may request that we facilitate the return of the relevant Good, in which case you must pay our costs of doingso, in accordance with the invoice we issue you for such costs;
(iv) if you request a store credit for a change of mind return, instead of a refund, we may waive the costs specified in clause 2.8(b)
(iii) for facilitating the return of the relevant Good.
(c) (Faulty products) If you believe your Goods are faulty, you may contact us using the details provided on our website with a fulldescription of the fault (including images if possible).
You may also request the relevant manufacturer’s contact details and details of the relevant manufacturer’s processes for making a claim under that manufacturer’s warranty.
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for furtherinspection, including any accessories, manuals, documentation or registration shipped with the product. At our election, we may require that we collect the relevant Goods for further inspection, instead of you sending the product back to us, which we will do at areasonable cost to you. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.
(a) (Governing law) This agreement is governed by the law applying in New South Wales, Australia.
(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales,Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with thisagreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) (Amendments) These Terms may only be amended by Appliance Giant in accordance with the Terms.
(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is inwriting and signed by the party granting the waiver.
(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonablyrequested by another party to give effect to these Terms.
(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the priorwritten consent of the other party.
(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct,arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(h) (Interpretation) In these Terms, the following rules of interpretation apply:
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form ofthatword or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, anauthority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, atrustand any other entity;
(v) (party)a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additionaltrustee;
(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to aparty, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that partywas responsible for the preparation of this agreement or that provision.