TERMS & CONDITIONS
Arebelle Pty Limited ABN 42 116 388 044 trading as Cavallo Appliances
TERMS AND CONDITIONS OF SALE
These terms and conditions govern the supply of goods and/or services (“the Goods”) by Arebelle Pty Ltd t/as Cavallo Appliances)(we/us/our) to you, the customer (you/your). Unless otherwise specifically agreed in writing by us, all Orders placed by you for the supply of Goods will be on the following terms and conditions
In these Terms:
1.1 “Act” means the Australian Consumer Law (Cth).
1.2 “Consequential Loss or Damages” means any loss of profits, loss of revenue, loss of use or opportunity, re-installation costs, removal costs and any remote, incidental or indirect loss and any exemplary or punitive damages.
1.3 “Contract” means each agreement between us and you for the sale and purchase of Goods.
1.4 “GST” means the Goods and Services Tax imposed by a New Tax System (Goods & Services Tax) Act 1999 (Cth) and any related act and/or regulations.
1.5 “Order “means the order placed by you with us for the purchase of Goods.
1.6 “Personal Information” has the same meaning as in the Privacy Act 1988(Cth)
1.7 “Terms” means these terms and conditions of sale.
2.1 We reserve the right to accept or reject Orders placed by you.
2.2 Orders may only be cancelled by you after payment of the full purchase price and prior to delivery of the Goods on terms that indemnify us for all Claims and Loss which we may incur in connection with such cancellation.
2.3 No credit or exchange of Goods will be given for simply changing your mind.
2.4 These Terms are incorporated into each Contract.
3.1 Unless specified otherwise, our prices do NOT include delivery or installation charges. All delivery and installation charges are payable in addition.
3.2 We reserve the right to change the prices of our Goods at any time without notice before acceptance of your Order and in the circumstances described in clause 5.
3.3 All prices include GST.
4. PAYMENT TERMS
4.1 Payment must be made directly to us in full without set-off, deduction or discount other than as stated in the relevant Order, invoice or statement.
4.2 Unless clause 5 applies, payment must be made in cash or cleared funds on placement of your Order and in any event prior to delivery or collection of the Goods.
4.3 If your Order relates to more than one item with different delivery dates, then clause 4.2 applies in relation to the payment for each item.
5.1 You may pay a deposit of not less than 25% of the full purchase price for the Goods upon placing your Order. If a deposit is paid, then:
(a) you must pay the balance of the purchase price by one further payment only; and
(b) the quoted purchase price of the Goods will be binding on us provided that the balance of the purchase price of the Goods is paid in full within 30 days of your Order.
5.2 If you do not pay the balance of the purchase price for the Goods within that time, then:
(a) neither the availability of the Goods nor the purchase price quoted in your Order will remain binding on us; and
(b) either you or we may cancel your Order, in which case you will be entitled to a refund of the amount of the deposit paid by you less an administration charge equivalent to 1.5% of the total purchase price stated in your Order.
6.1 We will only hold Goods which have been paid for in full, for a maximum of thirty (30) days from the date of your order. If you ask us to hold your Ordered Goods for longer thirty (30) days then you must pay us a storage charge after thirty (30) days. We will invoice the storage charge on a monthly basis. The storage charge will be payable by you in addition to the purchase price.
6.2 We will inform you of the applicable storage charge on request.
7.1 We will deliver the Goods to the address nominated by you in your Order.
7.2 We will inform you of the applicable delivery charge payable by you in addition to the purchase price.
7.3 You will need to be present at the address nominated by you to accept delivery of the Goods unless you authorise us in writing to leave the Goods at your nominated address unattended. If you give that authority, we are not responsible for any loss of the Goods if you are not present upon delivery of the Goods.
7.4 If you do not authorize us to leave the Goods at your nominated address unattended and you are not present on delivery, then we will return the Goods to our storage. Any further attempt to deliver the Goods to your nominated address will incur an additional delivery fee.
7.5 All delivery and availability dates are estimates only. We will make all reasonable endeavors to deliver the Goods on the delivery date(s).
7.6 Delivery does not include installation of the Goods.
7.7 Delivery does not include removal or disposal of appliances/goods that the Goods replace. You are responsible for any such removal and disposal.
7.8 If Goods the subject of one Order by you is delivered by more than one delivery, each delivery will be considered sold under a separate Contract. Our failure to deliver the whole of your Order within the time stated on your Order, will not entitle you to terminate the Contract(s) for the balance remaining undelivered.
8. OWNERSHIP AND RISK
8.1 Ownership and title to the Goods remains with us and does not pass to you until the purchase price has been paid in full.
8.2 Risk of loss or damage of the Goods passes to you on delivery.
9. INSPECTION AND RETURN
9.1 If any of the Goods are in a damaged condition which is visible to the eye upon inspection, collection or delivery, you must notify us within 7 days of delivery or collection, otherwise you will be considered to have accepted the Goods in an undamaged condition. If any of the Goods are damaged on collection or delivery:
(a) please email photos of the damaged Goods to us; and
10. WARRANTIES AND GUARANTEES AND LIMITATION OF LIABILITY
(b) we will arrange to collect the damaged Goods; and
(c) you agree to cooperate with us to collect the Goods and to answer any questions that we might have about the Goods; and
(d) we will provide you with a refund or replacement Goods, provided that we are reasonably satisfied that the damage did not occur after delivery of the Goods to you.
10.1 Our Goods come with guarantees that cannot be excluded under the Act. 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 an acceptable quality and the failure does not amount to a major failure. Subject to those consumer guarantees and other non-excludable rights, to the extent permitted by law, all other guarantees, representations, warranties and conditions of any kind, implied by statute, general law or custom relating to our Goods are excluded.
10.2 If the Act, the Sale of Goods Act (NSW) or any other legislation or the general law imposes on us liability for a defect or fault in the Goods then our liability will subject to applicable laws (including the provisions of the Act in relation to “major failures”), be limited to, at our discretion:
(a) in the case of goods - the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
(b) in the case of services - the re-supply of those services or the payment of the costs of having those services re-supplied.
10.3 Some of our Goods are also sold with a warranty against defects. The terms of any applicable warranty against defects will be set out on a separate warranty card and included with the user manual for those Goods. We will also provide you with a copy of any applicable warranty card upon request.
10.4 The benefits to you given by a warranty against defects are in addition to the other rights and remedies you have under a law in relation to the Goods to which the warranty relates.
10.5 Subject to clause 10.2 and applicable laws, including the Act, to the extent that we lawfully can :
(a) we exclude all liability for all Claims or Loss in connection with the sale, re-sale, use or re-use of the Goods, however arising including all Consequential Loss or Damages; and
(b) our total liability to you is limited to the invoice value of the Goods.
10.6 All advices, recommendations, information, assistance or services (“our Advices”) provided by us in relation to the Goods, is given in good faith and is believed by us to be appropriate, accurate and reliable. However, you acknowledge that in purchasing the Goods, you are solely responsible for assessing the suitability of the Goods for your purposes and that you have not relied upon our Advices.
11. CATALOGUES AND TECHNICAL DOCUMENTS
11.1 All details in our leaflets, catalogues, drawings, brochures and printed material are illustrations only, and do not form part of our Contract and are not binding on us.
11.2 You acknowledge and agree that:
(a) all technical data supplied by us in relation to the Goods are approximates only unless we advise otherwise; and
(b) you are satisfied from your own enquiries that the specifications of the Goods are correct and appropriate for the purpose for which you require them.
12. PERSONAL INFORMATION
12.1 You may ask us to provide you with access to the Personal Information that we hold about you, unless there is an exception which applies under the Privacy Act. We will deal with any request from you to obtain access to your Personal Information within a reasonable time. If we refuse to provide you with access to your Personal Information, we will provide you with reasons for the refusal.
12.2 If you wish to gain access to your Personal Information or if you have any questions about how your Personal Information is collected or used, please contact us on Phone: 1300 622 822; or Email: firstname.lastname@example.org
12.3 You may ask us to remove your Personal Information from our database by notice in writing to the contact details referred to above.
12.4 We will, in general, collect your Personal Information directly from you. For example, we may collect your Personal Information when you place an Order with us, deal with us over the telephone, send us correspondence (including letters, faxes and emails). Generally, the type of Personal Information that we collect includes your name, delivery address, telephone number/s and email address and other information as is necessary to fulfill your Order.
12.5 We use your Personal Information for the following purposes:
(a) the sale and delivery of our Goods;
12.6 We may disclose your Personal Information to:
(b) warranty services;
(c) internal management purposes; and
(d) marketing and promotional purposes.
(a) our agents and authorised representatives who provide delivery and warranty services for the purpose of provision of those services; and
(b) our suppliers and related companies for marketing and promotional purposes;
and you expressly consent to us doing so.
13. FORCE MAJEURE
13.1 We will not be liable for any breach of Contract due to any matter or thing beyond our reasonable control, including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident.
14.1 Unless stated in writing to you, the failure or delay by us in exercising any right, power or privilege available to us will not operate as a waiver or variation of such right, power or privilege nor will the exercise by us of any other right, power or privilege prevent us from exercising any other rights, powers or privileges available to us.
14.2 If any part of these Terms is held to be void or unlawful, these Terms will be read and enforced as if the void or unlawful provisions have been deleted.
14.3 These Terms are governed by and construed in accordance with the laws of NSW and you and we irrevocably submit to the non-exclusive jurisdiction of the courts of NSW.