Terms and Conditions of Sale
These terms & conditions of sale (Terms & Conditions) apply for the supply of all spare parts (Spare Parts) and accessories (Accessories) by Electrolux Home Products Pty Ltd (ABN 51 004 762 341) of 163 O’Riordan Street, Mascot, NSW 2020 and its associated and subsidiary companies (all of which are referred to as the Supplier) to any person, firm or company (Customer) through the Supplier’s website (Site).
The Customer may order Spare Parts and/or Accessories by submitting an order through the Site in accordance with these Terms and Conditions (Order). Any Order placed through the Site is an offer by the Customer to purchase the particular Spare Parts and/or Accessories. The Customer bears the responsibility and risk of ensuring, prior to submitting an Order, that the product number code (PNC) or model number for any Spare Part or Accessory to be ordered by the Customer is correct and the Spare Part or Accessory is compatible with the product for which it is intended to be used by the Customer.
After a Customer has submitted an Order, the Supplier will issue to the Customer a confirmation (in a form as determined by the Supplier from time to time) that it accepts and intends to fulfil that Order (Order Confirmation). The Supplier reserves the right to reject any Order at any time for any reason whatsoever. If the Supplier rejects the Order, the Supplier will attempt to notify the Customer using the email address given by the Customer. The Customer’s credit card or debit card will not normally be charged if the Supplier rejects an Order, but the Supplier will process a refund if such a charge has been made against the Customer’s card.
An agreement is made between the Supplier and the Customer for the supply and purchase of the Spare Parts and/or Accessories specified in the relevant Order (Agreement) at the time the Supplier issues an Order Confirmation to the Customer.
The price payable by the Customer to the Supplier for the Spare Parts and/or Accessories is the price for the Spare Parts and/or Accessories notified by the Supplier at the time the Customer places the Order (plus an amount for freight) and recorded in the Order and Order Confirmation (Price).
- The Customer must pay the Price at the time the Order is placed with the Supplier.
- The Customer may pay for the Order using the following payment methods: Visa or MasterCard. The Customer authorises the Supplier to debit the amount that is payable for an accepted Order from the Customer’s nominated card including reasonable credit card or other payment processing fees incurred by the Supplier.
- If the Supplier does not receive or is unable to successfully process payment in full for the Order for any reason, the Supplier will cancel the Order.
PROMOTIONS AND DISCOUNTS
The Customer may receive online offers and promotions, whether mailed to the Customer’s home or distributed in-store, on the Site or by email. Some offers may include a promotional or coupon code (Code) for use when placing an Order.
- It is the Customer’s responsibility to ensure that the Code is valid and that the Customer enters the Code at the time of placing an Order. The Code cannot be applied after the Customer has submitted an Order.
- Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
- Certain offers, including cashback and bonus redemptions, are subject to additional terms (as specified within the offer). The Customer should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. The redemption of cashback and bonus offers may require the Customer to send a form to the Supplier online. It will be the Customer’s responsibility to ensure it has the appropriate hardware and software to submit any online forms to the Supplier.
The Supplier will deliver the Spare Parts and/or Accessories to the location specified in the Order (Delivery Place) as soon as reasonably practicable. Orders may be delivered in one or more parts. The Supplier is not liable for any claims for late delivery of Spare Parts and/or Accessories or any loss or damage suffered by the Customer arising from the delay in delivery.
Anyone at the Delivery Place who receives the Spare Parts and/or Accessories will be presumed by the Supplier to be authorised to receive the Spare Parts and/or Accessories.
If the Customer gives instructions to the Supplier at the time of making the Order giving the Supplier authority to leave the Spare Parts and/or Accessories at the Delivery Place (ATL), the Supplier will leave the Spare Parts and/or Accessories on the Customer’s doorstep even if no one is around to receive them. In this case, the Supplier will not be responsible for lost or damaged deliveries after they have been dropped off.
If there is no one at the Delivery Place and an ATL was not given to the Supplier, the Spare Parts and/or Accessories will not be left at the Delivery Place. The Supplier will endeavour to contact the Customer and may charge an additional delivery fee. A cancellation fee may also apply.
- Each Spare Part and Accessory should be installed in accordance with the Supplier’s instructions and/or installation manual, if any, that accompanies that Spare Part or Accessory.
- The Supplier is not liable for any loss or damage to any Spare Part or Accessory which occurs through the installation of the Spare Part or Accessory.
OWNERSHIP AND RISK
- Risk in the Spare Parts and/or Accessories passes to the Customer at the time the Supplier’s delivery obligation has been discharged pursuant to clause 5.
- Title in the Spare Parts and/or Accessories passes to the Customer at the time the Customer has paid for the Spare Parts and/or Accessories in full.
CANCELLATIONS, RETURNS AND EXCHANGE
- Except as required by law, the Supplier is under no obligation to accept a request for cancellation of an Order or a return or exchange of any Spare Part or Accessory, whether for a change of mind, incorrect selection or otherwise. The Customer should carefully check that the Order is accurate before it is submitted.
If a duly authorised representative of the Supplier accepts a cancellation of an Order or a return or exchange of any Spare Part or Accessory that is not required by law, then:
- the Customer must bear all costs associated with returning the Spare Part or Accessory (including reasonable credit card or other payment processing fees incurred by the Supplier);
- the Customer retains risk to those Spare Parts or Accessories to be returned until they are in possession of the Supplier;
- the Customer must pay a handling fee of up to 20% of the Price, such handling fee being a reasonable estimate of the Supplier’s loss up to that point including restocking and return freight; and
- any returned Spare Part or Accessory must be unused with all original packaging intact and otherwise be in saleable condition and accompanied with the relevant invoice and/or Goods Return Authority Form duly signed by the Supplier’s duly authorised representative.
- The Supplier may disclose personal information to its related companies and to organisations which provide services (including delivery services) to the Supplier or which assist the Supplier in providing services (including repair and warranty services) to its customers.
These terms and conditions are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
The Supplier will not be held liable for failure to comply with these Terms & Conditions to the extent that the Supplier’s performance is prevented or delayed because of circumstances outside of the Supplier’s reasonable control. This includes but is not limited to unforeseen events such as strikes, breakdown of machinery, adverse non foreseeable weather conditions, or action of government or a port authority.
COMPLAINTS AND ENQUIRIES
To notify the Supplier of any complaint or to make any enquiry, please contact: The Privacy Officer, Electrolux Home Products Pty Ltd, Locked Bag 5017, South Sydney Business Centre, Alexandria, NSW 2015.
In these Terms & Conditions, the expressions "GST, "tax invoice" and "taxable supply" have the meanings given to those expressions in the
A New Tax System (Goods and Services Tax) Act
- With the exception of any amount payable under this clause 13, unless otherwise expressly stated, all amounts stated to be payable by the Customer under the Agreement are exclusive of GST.
- Where GST is imposed on any supply made under or in accordance with the Agreement, the Customer must pay to the Supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply, subject to the Supplier providing a tax invoice.
MANUFACTURER’S WARRANTY AND STATUTORY GUARANTEES
- Each Spare Part and Accessory is warranted by the Supplier against defects in materials and workmanship for 12 months from the date of original purchase, provided properly fitted. During this 12 month period, the Supplier will repair or replace or provide a refund in relation to any Spare Part or Accessory which it considers defective. The Customer must provide it with proof of purchase.
- The benefits given to the Supplier under clause 14.1 are in addition to the other rights and remedies of the Supplier under the Australian Consumer Law. In particular, each Spare Part and Accessory comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Spare Part and/or Accessory repaired or replaced if the Spare Part and/or Accessory fails to be of acceptable quality and the failure does not amount to a major failure.
- All other terms, representations, warranties, guarantees and conditions that might otherwise be granted or implied by law are expressly excluded to the maximum extent permitted by law, unless agreed by the Supplier in writing.
If the Customer believes that any Spare Part or Accessory does not comply with the manufacturer’s warranty in clause 14.1 and/or any statutory guarantee, please follow these steps:
- have the spare part or accessory number and the Product Number Code or Model Number of the product the item is to be fitted to ready;
- have the proof of purchase (eg an invoice) available;
- telephone the Supplier on 13 13 49.
LIMITATION OF LIABILITY
In connection with any claim in relation to the Agreement and to the extent permitted by the Australian Consumer Law, the Supplier is not liable for:
- any loss, cost, damage or expense to the extent it is for indirect, special, economic or consequential loss, where consequential loss means any loss, cost, damage or expense beyond the normal measure and beyond that which every plaintiff in a like situation would suffer; or
- any loss of revenue, business or profits of any nature whatsoever, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation or any loss of value of intellectual property.