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1300 00 AXIL
1300 00 AXILThese terms and conditions constitute a legally binding contract between the Customer and AXIL and apply to the ordering, purchase, fulfilment and delivery of Products from the Website. By placing an Order from the Company you agree to these terms and conditions
1. DEFINITIONS
2. YOUR LEGAL RIGHTS
Your purchase of Products will be subject to certain laws including, without limitation, the Australian Consumer Law, which provides you with certain rights that cannot be excluded, such as:
a). the Products must be of acceptable quality;
b). the Products must be reasonably fit for the purpose that we represent they will be fit for; and
c). the Products will correspond with any description we have provided or presented.
Nothing in this contract shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee or right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING AND TAXES
a). Prices for Products are as shown on the Website.
b). The Company reserves the right to change the prices of Products at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by the Company.
c). In addition to the price for the Products, you will also need to pay the advertised delivery charge (if any). The applicable delivery charge will appear in your shopping cart.
d). By placing an Order you agree to pay the price for the Products and any delivery charge.
e). All prices and delivery charges quoted are in local currency, as shown on the Website, and are inclusive of GST.
4. ORDERS
a). You can place an Order by following the instructions on the Website.
b). An Order submitted by you is an offer by you to purchase the Products for the price plus any delivery charge as shown at the time of submission of your Order. The Company may accept or reject your offer in its absolute discretion. In particular, but without limitation, we may reject Orders for commercial quantities of Products. If you wish to order commercial quantities of Products, please contact sales@axildesign.co and our commercial sales team will assist you.
c). Each Order that you place will, if accepted by the Company, be a separate and binding agreement between you and the Company with respect to the supply of the relevant Products, in accordance with these Terms and Conditions.
d). If you place an Order for someone else to receive the Products you must obtain their consent before providing us with their Personal Information and, by placing an Order, you confirm to us that you have done this.
e). Ensure that you enter all information carefully when placing an Order. You warrant to the Company that all information provided by you in relation to each Order is complete, true and accurate.
f). Check your Order carefully (including the quantities ordered) before submitting it as we may not be able change or vary an Order once the Order has been accepted by us. We will use reasonable endeavours to cancel or change the Order if it has not already been shipped, but we make no representation that we will be able to do this.
g). Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Company will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
h). Where you place separate Orders the Products will be delivered separately and a separate delivery charge will apply to each Order. We cannot consolidate separate Orders into one delivery.
i). Where you order more than one item in one Order, all Products for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Products may be dispatched separately, for example, in order to ensure that you receive each of the Products as promptly as possible or where the Products are being dispatched from different locations.
j). The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
k). You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. You are responsible to ensure that your computer system contains appropriate protection to prevent damage to your computer system or any other damage or loss caused by viruses, malicious computer code or other forms of interference.
l). Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Company will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in section 4 of these Terms or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5. AFTER YOU HAVE SUBMITTED AN ORDER/PAYMENT
a). When you submit an Order and make payment on the Website, you will receive an Order confirmation via e-mail, including an Order number.
b). The Company will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by us when we do this, subject however, in certain circumstances, to our right to cancel your Order after acceptance as set out in these Terms. In the event that we cancel your Order and we have already processed your payment, we will refund your payment to you in accordance with section 10 of these Terms.
c). When the Company accepts an Order from you it constitutes a Contract between the Company and you to supply the Products to you in accordance with your Order subject to receiving cleared payment in full from you subject to and in accordance with these Terms.
d). You must pay for Products by credit or debit card (Visa, Mastercard or American Express). By providing your credit or debit card details, you authorise the Company to deduct the price and the applicable delivery charge(s) from the said card.
e). The Company reserves the right to change the payment methods that can be used for processing payment for Orders at any time in its absolute discretion.
f). The Company may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
i. where our fraud detection systems detect possible irregularities;
ii. because your financial institution has declined payment; or
iii. because your payment card has expired.
Where this is the case, your Order will be placed on hold and the Company will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with our request within the timescale specified, we may cancel your Order.
g). Products that you have ordered will not be dispatched to you until your payment for the Products has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
6. CANCELLATION OF ORDERS
a). The Company reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. The Company may do this, for example, but without limitation, where:
i. its suppliers are unable to supply Products that they have previously promised to supply;
ii. an event beyond the Company’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, which would mean that We would be unable to supply the Products within a reasonable time;
iii. Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
iv. you ask us to cancel your Order in accordance with section 4(f); or
v. in the circumstances set out in section 5(f).
b). You may cancel your Order where the Company:
i. has breached a material term of this Agreement; or
ii. is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or as set out in these Terms, other than a result of any delay:
1. for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products;
2. which was outside the Company’s control including the circumstances which are set out in sections 6(a) i and ii above.
c). In the event of the Company or You cancelling your Order after payment has been processed, we will refund any money paid in respect of that Order. Section 10 of these Terms sets out further information about refunds.
d). Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, We will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. AVAILABILITY OF PRODUCTS AND REFURBISHED STOCK
a). As we are dependent upon our suppliers to provide us with stock, we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. The Company reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
b). Products that are shown on the Website as “Refurbished Stock” are Products which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty.
8. DELIVERIES
a). Risk and title in Products passes to you on the date and time of delivery of the Products to the delivery address provided in your Order.
b). Products will only be delivered to addresses within Australia. The Company may be unable to deliver to certain locations within Australia and where this is the case the Website will reject your Order. We cannot deliver to PO Boxes. If you input a PO Box as the delivery address when placing your Order, we will call you to arrange an alternative delivery address.
c). On delivery you may be required to sign a proof of delivery document.
d). Products will be labelled on the Website as either: “In Stock” or “Out of Stock”:
9. RETURNS
The Company acknowledges that Products sold, may be returned by the Customer under certain circumstances as outlined below:
If You ordered a bundle from us, you must return all items and components of the bundle. Partial returns of bundles or Products will be rejected by the Company. The Customer is encouraged to use the original packaging, where possible, when returning Products to avoid damage in transit.
10. REFUNDS
a). Where the Company is obliged to refund the Customer’s payment pursuant to these Terms, it aims to initiate the refund within 2 business days (Monday – Friday). The additional time that it takes for the Customer to actually receive the refund will depend on how quickly Your financial institution processes the refund.
b). Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Company will not be liable to You, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
c). The Company does not refund delivery or return charges for returned orders where the Customer has changed their mind or no longer wants the Product(s).
d). If the Customer ordered the Product(s) with a discount or coupon, they will be refunded the amount equal to the product price less the value of the discount or saving applied to all items in your Order.
e). The Company cannot give part refunds for orders where the Customer had a discount code but did not enter it during the checkout process.
11. EXCHANGES
The Company cannot exchange Product(s) sent back to us for an alternative Product(s). However, the Customer can return a Product(s) within 14 days and then simply place a new Order for the preferred product.
12. LIABILITY
a). Except as expressly provided to the contrary in these Terms and to the maximum extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise, relating in any way to the supply of Products are excluded.
b). Without limiting the generality of the preceding paragraph, AXIL will not be under any liability to the Customer in respect of any loss or damage (including consequential loss or damage, economic loss, loss of profits, loss of business or data) however caused (whether by negligence, breach of contract, statute or otherwise), which may be suffered or incurred by the Customer for any reason, or which may arise directly or indirectly in respect of the failure or omission on the part of AXIL to comply with its obligations under the Contract. AXIL’s maximum aggregate liability for any cause and under any head of liability will not under any circumstances exceed the price paid by Customer to AXIL for the Products.
c). AXIL’s liability for breach of any implied warranties or conditions in respect of the Products which cannot be excluded by law is limited, to the maximum extent permitted by law, at AXIL’s option to either the supply of Products again by AXIL or the payment of the cost of replacement of the Products.
d). The Customer covenants and agrees to release AXIL, its successors and assigns, as well as its officers and agents from all actions, claims, demands and causes of action which they may have against AXIL, its officers or agents in respect of, arising out of or resulting from the supply of the Products or the Contract.
13. INTELLECTUAL PROPERTY
a). Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, knowhow and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
b). You acknowledge that ownership of the Intellectual Property Rights relating to the Website or the Products are the property of, licensed by or vest on creation in AXIL. Copyright in this website (including images, text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
c). The Website or any part of it (including without limitation any content or images) may not be copied, reproduced, adapted, publicly displayed, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
d). ‘AXIL’ or “AXIL DESIGN” and all associated trade marks are the trade marks of the Company or any related bodies corporate. You must not use any of our trade marks:
14. ADVERTISING AND LINKS
a). Some of the information provided on the Website may concern products or services or may be the information of third parties. We are not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.
b). The Website may contain links and other pointers to Internet websites operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk.
15. PRIVACY
The Company’s policy on the collection, use and disclosure of Customers’ Personal Information is set out in its Privacy Policy, located here, which forms part of these Terms.
16. GENERAL
a). This Contract will be governed by and construed according to the laws of New South Wales, Australia. AXIL and the Customer submit to the exclusive jurisdiction of the courts of that state and waive any right to object to proceedings being brought in those courts or tribunals.
b). If any provision of this Contract shall at any time become void, voidable or unenforceable, the remaining provisions of this Contract shall nevertheless continue to be in full force and effect.
c). Any warranty representation or obligation, which binds or benefits two or more parties under this Contract binds or benefits those parties jointly and separately.
d). A party includes the trustee, executor, administrator, successor in title and permitted assign of that party. This clause must not be construed as permitting a party to assign any right or obligation under this Contract.
e). Any delay or forbearance by AXIL in respect of its rights hereunder does not constitute a waiver of its rights.
f). The Company reserves the right to amend these Terms at any time. Any amendment will take effect from the time that it appears on the Website. The Terms which apply to the Customer’s order are those published on the Website at the time the Order was placed.