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Chamberlain DIY – Online Terms and Conditions of Sale – Australia

These Online Terms and Conditions of Sale and our related policies, including our Privacy Policy and our Returns Policy (Online Sales Terms) are the terms and conditions on which we will supply Goods to you in Australia through our website www.chamberlaindiy.com.au (Website).  These Online Sales Terms are effective as at the date specified below and may be amended by Chamberlain from time to time.

By placing an order to purchase goods (Goods) from Chamberlain through this Website, you agree to these Online Sales Terms, and also acknowledge and agree that (i) you are 18 years or older with a valid email account, and all information you provide to Chamberlain is accurate and complete; and (ii) Goods are intended for your personal, non-commercial use only, and not for resale.

Orders

  1. You may view and purchase the Goods displayed on our Website via the method and process set out on the Website. We may at our discretion accept or reject an order depending on factors including availability of Goods and our ability to validate payment for the Goods.
  2. It is your responsibility to carefully check order details are accurate and complete, including as to selected delivery address, Goods selected (including quantities and pricing), and fees and charges including any applicable charges such as delivery fees before you complete your order on the Website, and confirm your acceptance of those order details including any fees and charges, by pressing the “Place Order” button. You are able to correct errors in your order up to that stage in the ordering process. Separate orders cannot be consolidated into one delivery.
  3. Once you have placed an order, we will process your payment for the Goods by credit card (Mastercard or Visa), and contact you by email to confirm acceptance of your order and provide order details (including order reference number, the shipping and billing addresses, and a description of what was ordered and the price paid).
  4. Unless otherwise provided in these Online Sales Terms or as otherwise agreed with Chamberlain, a binding agreement comes into existence between you and us for the sale and supply of goods once we have accepted your order, and given you an order reference number.
  5. Subject to your rights to return Goods under the Returns Policy [insert link] or as otherwise provided in these Online Sales Terms, you cannot cancel or revoke your order online once you have placed your order on the Website and we have accepted your order. However, if the order has not been shipped yet, you may be able to cancel an order by promptly contacting us by telephone (contact details below), and we will use our reasonable endeavors to cancel or change the order (but we do not warrant that we will be able to do this).
  6. If we cancel your Order having already processed payment (for example, if goods ordered are out of stock), we will refund any money paid.
  7. Please be aware that some of the Goods sold through the Website may not be suitable for children under eighteen (18) years of age or may contain small parts (such as batteries), so please read and follow our Instruction Manual (including as to safety) for the Goods carefully before use.

Price and Payment

  1.  Prices for Goods are as shown on our Website, and are stated in Australian dollars and inclusive of any applicable GST. You agree to pay the purchase price specified on our Website at the time that you place your order for the purchase of a product, plus any applicable delivery fee and any other charges based on your selected delivery options.  Any delivery fees and other charges will be separately shown in your shopping cart. When you place separate orders for Goods, the Goods will be delivered separately and any applicable delivery charges will apply to each order.
  2. All payments must be made using the secure payment gateway facility accessible via our Website, and your credit card details will not be stored on our Website. Payments by credit card will be processed upon receipt of your accepted order, and before delivery of the Goods to you. Once goods are dispatched we will email you confirmation of dispatch and a hard copy of the invoice will be provided with the Goods on delivery. We may change the payment methods shown on our website from time to time, and please contact our Customer Service Team if you have  any queries.
  3. You must not pay, or attempt to pay, for an order for Goods through any fraudulent or unlawful means. You must have sufficient credit on your credit card account to meet all charges for Goods you purchase through this Website. If we are unable to successfully process your payment for the Goods (such as if your credit card is declined by your financial institution, or if the name on your credit card does not match the name on your order), then your order may be canceled or placed on hold at our discretion until we obtain additional information from you. Any  payment for an order must be cleared by Chamberlain before Goods are despatched.
  4. We reserve the right to change prices for Goods shown on our Website without notice to you. In the event of a genuine error, such as if an incorrect pricing offer is made on our Website and     you have already submitted an order for the relevant Goods at that price, we will either refund the value of that part of your Order affected by the error, or you may return the Goods in accordance with our Returns Policy.
  5. Refunds will be processed in accordance with our Returns Policy.

Availability of Goods

  1.  While we use reasonable efforts to best keep the Website up to date including as to the availability of Goods, from time to time some Goods may be out of stock or unavailable. If this happens, we will refund you the price paid for the Goods impacted.
  2.  If there is a considerable delay in dispatching your order, or if for any reason we cannot supply the Goods you have ordered, we will contact you using the contact details provided by you when you placed the order.

Delivery

  1.  We only deliver Goods to street addresses within Australia on this Website.
  2.  We will endeavor to dispatch the goods ordered within 2 business days from the receipt of your order unless otherwise noted on the Website. Any delivery periods displayed on the Website are estimates only, based on the information provided by the delivery company. We will deliver the product to the place of delivery you specify in Australia when making your order. Delivery times may be greater for remote or regional areas in Australia.
  3.  If you need to change a delivery date or the delivery address, please contact us as soon as possible using the contact details below to see if this is possible. If you are not available to take delivery on the agreed delivery date, you may be charged a delivery fee for each additional attempt for delivery.
  4.  We may deliver the Goods via a range of delivery methods. On delivery, you may be required to sign a proof of delivery document. If neither you nor your authorized representative, is at the delivery address to accept delivery you will be notified, generally by the delivery company leaving a card with contact details, so that you can arrange another delivery time and date.

Title and risk

  1.  Title and risk in the Goods will pass to you at the date and time of delivery of the Goods to the delivery address stated on your online order.

Discount Codes and Promotions

  1.   We may from time to time offer special online-only promotional discount codes, which may be applicable to certain Goods on the Website, and must be entered at the time of submitting your order. The conditions of use relating to any discount code will be specified at the time that it is issued, and you should read these carefully. Any code cannot be used with other offers.

 Liability and Returns

  1.  We acknowledge that the supply of goods to consumers in Australia comes with statutory guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Online Sales Terms is intended to exclude or restrict the application of those laws. 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 for 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. Goods may, therefore, be returned in accordance with our Returns Policy, which forms part of these Online Sales Terms.
  2. Subject to clause 21, and to the maximum extent permitted by law in any applicable jurisdiction:

(a) while the information and material contained on the Website is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and Chamberlain and its directors, officers, employees, contractors, and agents accept no responsibility for and make no representations or warranties of any kind to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Website, and Chamberlain is not liable for disruptions to this Website;

(b) except as stated in these Online Sales Terms or our Returns Policy, we take no responsibility for, and will not be liable for the Goods being unavailable, or being delivered outside of the estimated delivery timeframes provided by Chamberlain, or events outside Chamberlain’s control, and we exclude to the fullest extent permitted by law all implied or express terms or warranties of any kind, whether statutory or otherwise, relating to the subject matter of these Online Sales Terms;

(c) if any warranties are implied by law that cannot be excluded, our liability to the maximum extent permitted by law for breach of such warranties is limited to, at our option, in the case of Goods, to the replacement of the Goods or supply of equivalent goods, or payment of the cost of replacing the Goods or acquiring similar Goods;

(d) our liability to you for loss or damage arising out of these Online Sales Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage; and

(e) Chamberlain and any of its officers, employees or agents are not liable for any loss or claim of any kind (including consequential or indirect loss of any kind such as loss of profits, anticipated savings, goodwill or business opportunity, or injury to reputation), arising under or in connection with these Online Sales Terms or this Website, including any changes to the Online Sales Terms, any delay in delivery of the Goods, or any disruption to the Website.

3. This clause will survive the termination of these Online Sales Terms.

Amendment

  1.  These Online Sales Terms may be amended from time to time without prior notice by posting the revised version of the Online Sales Terms to the Website. Any variations become effective on posting. Your purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Online Sales Terms before purchase. Our agents, employees and third parties do not have the authority to change these Online Sales Terms.

Additional Terms

  1.  You acknowledge that Chamberlain collects, uses and discloses personal information about its customers as set out in its Privacy Policy  which forms part of these Online Sales Terms. If requested personal information is not provided when you place an order, this may affect our ability to deliver the Goods and process payment. Unless you tell us otherwise at the time of placing your order, Chamberlain may also send you marketing information. If you wish to update your contact details or marketing preferences, please contact our Customer Service team using the contact details below.
  2.  Please see Chamberlain’s Website Terms of Use (which forms part of these Online Sales Terms)  for further information on trademarks, copyright, and other applicable terms.

Interpretation: In these Online Sales Terms, unless the contrary intention appears:

(a) business days means a day that is not a Saturday, Sunday or a bank or public holiday in New South Wales, Australia;

(b) the singular includes the plural and vice versa;

(c) all references to times in promotions are based on the local time in Sydney, New South Wales, Australia unless stated otherwise;

(d) dollars or $ mean Australian dollars; and

(e) unless otherwise stated, all dollar amounts include any applicable GST.

  1. These Online Sales Terms are not intended to create a relationship between the Parties of partnership, joint venture, or employer-employee.
  2. We will not be liable for any delay or failure to perform our obligations under these Online Sales Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.
  3. Any notice in connection with these Online Sales Terms will be deemed to have been duly given when made in writing and delivered, posted on our Website (for example, if a product recall) or sent by email, facsimile or post to the Party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other Party.
  4.  Any failure by a Party to insist upon strict performance by the other of any provision in these Online Sales Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of these Online Sales Terms shall be effective unless we expressly state it is a waiver and we communicate that to you in writing.
  5. You must not assign any rights and obligations under these Online Sales Terms, whether in whole or in part, without our prior written consent.
  6.  If any of these Online Sales Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid and have full force and effect to the fullest extent permitted by applicable law.
  7.  These Online Sales Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

 Governing Law: These Online Sales Terms are governed by and will be construed in accordance with the laws of New South Wales. In any action or other legal processes with respect to any matter or thing in connection with these Online Sales Terms, you submit to the non-exclusive jurisdiction of the courts operating in New South Wales. The Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

 

Chamberlain Contact Details:

For any questions or notice, please contact us at:

Chamberlain Australia Pty Ltd (ABN 67 118 013 362) (referred to in these Online Sales Terms as Chamberlain, we, us or our)

Customer Service Team

Email: customerservice@chamberlainanz.com

Phone:

1800 665 428 (Australia toll-free- Chamberlain DIY)

+61 2 9424 2600.

Effective: 12th December 2019