Terms and Conditions of Sale
In these Terms and Conditions of Sale ("Conditions of Sale"), "we" or "us" means Capital Appliances Pty Ltd ABN88 097 842 129 T/A retravisionosbornepark.com.au and "you" means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased via E-mail or over the telephone.
- You may place an order with us over the telephone, or by E-mail. We may at our discretion accept or reject an order depending on availability of the products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age unless you are entitled to do so under Western Australian State Law.
- Prices change often and we make every effort to update our prices within minutes of the change, however you should confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you make your payment.
- We will let you have an "order reference number" via a confirmation E-mail or over the phone once your order is complete. However, if you are paying by credit card, debit card, EFTPOS, or via Bank Transfer, we will not complete your order until your payment has been validated. Once your payment has been validated, we will process your order and let you have an order reference number. Please keep your order reference number for future reference.
- Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least one (1) business day before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.
- All stock availability as represented on our web-site or by our Sales Team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.
- If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the E-mail details provided by you at the time of you placing your order so as to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery or collection once the product is available.
3. Price and Payment
- The price payable for a product is the one set out on our web-site or advised by us via E-mail or over the phone at the time you place your order. All prices are inclusive of GST. Prices for our products displayed on web-sites not run by us may not be correct and we are not bound by them.
- We accept payment by American Express, VISA or MasterCard credit cards and Direct Bank Transfer.
- Your credit card details will not be taken online and the details taken over the phone or by E-mail will be destroyed after order processing to minimise the possibility of unauthorised access or disclosure. We do not retain customer credit card details. Whilst we employ all means to secure customer details, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party
- Your tax invoice will accompany the item/items you have ordered. A copy can be E-mailed to you on finalisation of your order. Your tax invoice is your proof of purchase and may be required for any warranty claims.
Unless otherwise stated, a delivery fee will apply to all items ordered. We deliver to most areas in Western Australia including Rottnest Island and Christmas Island. Delivery charges are agreed at the time you place your order. See “Delivery & Installation” for more details regarding delivery Terms & Conditions and costs.
5. Installation of Your New Appliance
Removal of Old Appliance and Packaging
- We offer installation of your new appliance as well as removal of packaging and old appliances that have been replaced by us at very reasonable costs. We offer this service within 75km of Perth CBD. Please see details here “Delivery & Installation”
- The installation services may be carried out by us directly or by one of our subcontractors and the price will be agreed between you and us in writing, and will be subject to our standard Installation Terms and Conditions.
6. Warranties and Limitation of Liabilities
- Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:
- "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a 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."
- Your product comes with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. However, you should check the manufacturer's warranty carefully as many manufacturers' warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer's warranty, please contact us on 08 9204 2528 or E-mail firstname.lastname@example.org . Please refer to clause 7 if you need to arrange for returning the goods to us.
7. Returns and Refunds
- In addition to your rights under clause 6, we will gladly accept return of products and issue refunds, subject to the following and payment of a non-refundable collection fee of $75 (inclusive of GST) or the amount of the original delivery fee, whichever is greater:
- If your product remains boxed and unopened you may contact us on 08 9204 2528 within 14 days of delivery to arrange for it to be collected and receive a full refund subject to the collection fee of $75 (inclusive of GST) or the amount of the original delivery fee, whichever is greater
- If your product has been unboxed but otherwise is as new and has not been used you may contact us on 08 9204 2528 within 14 days of delivery to arrange for it to be collected. You will have to pay a restocking fee of 20% of the purchase price to cover our return costs.
- If your product is eligible for return related to clause 6, please contact us on 08 9204 2528 to arrange for return.
- You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned. We will arrange for any products you want returned to be collected, usually within 5 business days.
- If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by Bank Transfer.
8. Repair of Products
The repair of products is subject to the manufacturers Warranty Terms and Conditions and may vary from product to product.
9. Circumstances Beyond Our Control
We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed or prevented from performing our obligations due to such a circumstance for a period of no more than 2 months, we may terminate our agreement with you by giving you 5 business days' written notice and where payment has been made by you, a full refund will be issued. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by Bank Transfer.
- These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
- We may change any provision in these Conditions of Sale without notice so we advise that, even if you have shopped with us before, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our employees, contractors or any third parties have any authority to change these Conditions of Sale.
- We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
- You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
- Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by E-mail, facsimile or post to the party to whom such notice is intended to be given or to such other address, E-mail address or facsimile number as may from time to time be notified in writing to the other party
- If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
- These Conditions of Sale are governed by the laws of Western Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Western Australia.