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Terms and Conditions and use of the Website


Welcome to the Electrolux website (“Site”). Please read these terms carefully before using the Site. The Site may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to follow these terms and conditions and all of our terms, conditions and policies set out or otherwise referenced on the Site (“Terms”). If you do not agree to these Terms, please exit the Site. By accessing the Site, you indicate your agreement to be bound by these Terms.

5. CHANGES5. CHANGES 6. ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS6. ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS 7. INFORMATION PROVIDED BY YOU7. INFORMATION PROVIDED BY YOU 9. THIRD PARTY WEBSITES9. THIRD PARTY WEBSITES 10. EXTERNAL LINKS TO THE SITE10. EXTERNAL LINKS TO THE SITE 11. EXCLUSION OF IMPLIED WARRANTIES11. EXCLUSION OF IMPLIED WARRANTIES 12. LIMITATION OF LIABILITY12. LIMITATION OF LIABILITY 15. REMEDY15. REMEDY 16. WHOLE AGREEMENT AND SEVERABILIT16. WHOLE AGREEMENT AND SEVERABILIT 17. THIRD PARTY RIGHTS17. THIRD PARTY RIGHTS 18. JURISDICTION STATEMENT18. JURISDICTION STATEMENT


1. COOKIES

The Electrolux Group owns the Vintec brand and Electrolux Home Products Pty Ltd ACN 004 762 341 (“Electrolux”), is the operator of the Site. Electrolux uses "cookie" technology to enhance and facilitate your visit to the Site. The "cookie" files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:
  1. (a) Permanent "cookies" (i.e., the cookies remain on your computer until you delete them); and
  2. (b) Temporary "cookies" (i.e., the cookies last until you close your browser).

"Cookies" do not themselves contain or reveal any personal information. If you submit personal information via the Site, your information can be linked to the data stored in the cookies.

If you do not accept Electrolux's use of cookies you may change your browser settings so that the browser does not accept cookies (instructions on how to change your browser's cookie settings should be found in the help section in your web browser). If you change the settings you may not be able to access certain parts of the Site.

2. LICENSE

Subject to these Terms, Electrolux grants you a non-exclusive, non-transferable, limited right to access, use and display this Site for your personal, non-commercial use only. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Electrolux authorises you to view and/or download the information on the Site and any software made available through the Site ("Materials") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: (1) you must retain, on all copies of the Materials, all copyright and other proprietary notices contained in the Materials; (2) you may not copy or modify the Materials or any portion of the Site in any way or reproduce or publicly display, perform, transmit, reuse, repost, publish, licence, adapt, create derivative works, reverse engineer, decompile, disassemble, transfer, lease, sell, distribute or otherwise use or communicate the Materials or any portion of the Site for any public or commercial purpose; and (3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorised copying of the Materials. Except as expressly provided in these Terms, Electrolux does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.

3. USER ACCOUNTS

You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify Electrolux immediately of any unauthorised use of your account or any other breach of security of which you are aware or ought reasonably be aware. Electrolux will not be liable for any loss that you may incur as a result of someone else using your password or account.

4. USER WARRANTIES

You represent and warrant that you will use the Site in compliance with these Terms including the laws and provisions under these Terms and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be Electrolux or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services; (h) collect or store personal data about other users unless specifically authorised by such users; or (i) not adhere to withdrawal of such authorisation as described in (h). If you do not comply with these Terms, you may not use the Site and Electrolux reserves all its legal rights in relation to such non-compliance.

You further agree to provide Electrolux with all assistance reasonably requested by Electrolux, its affiliates or subsidiaries and any other party involved in creating, producing or delivering the Site and their respective officers, directors and agents in relation to any claims arising out of your use of, or access to, the Site or the Materials, any breach of these Terms and any allegation that any user content that you make available or create through the Site infringes the copyright, trade mark, trade secret, privacy or other intellectual property or other rights of any third party.

5. CHANGES

Electrolux reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should revisit this page on the Site when you access the Site to review the terms by which you are bound. If do not agree to any posted change to these Terms, please exit the Site and immediately destroy all Materials.

Electrolux may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the Materials, the products, the product data, the product materials, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice.

Electrolux may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Electrolux may terminate the authorisation, rights and license given under these Terms at any time and, upon such termination, you shall immediately destroy all Materials.

6. ACKNOWLEDGEMENT OF INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs, whether registered or unregistered) in the Site and the Materials (including all text and images) are owned by Electrolux or its related bodies corporate or its licensors (Intellectual Property Rights). All goodwill arising through the use of the Intellectual Property Rights owned by Electrolux or its related bodies corporate or its licensors shall inure to Electrolux or its related bodies corporate or its licensors, as the case may be. Your use of those Intellectual Property Rights without the permission of Electrolux is strictly prohibited, except as contemplated by these Terms.

7. INFORMATION PROVIDED BY YOU

Any personal information you may provide is subject to our Privacy Policy. You agree that any information or materials that you or individuals acting on your behalf provide to Electrolux will not be considered confidential.

Electrolux uses a number of third party social media sites, including Twitter, YouTube, Facebook, Instagram and Pinterest. These social media sites are subject to their own terms of use and privacy policies. Electrolux does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on our Sites or social media sites.

You must not post or upload any information, comment, content, materials or link to the Sites or social media sites that is illegal, infringes third party rights, defamatory, bullying, indecent or inflammatory. Electrolux may, but is not obliged, to moderate any user generated content and may remove any content that, in Electrolux’s discretion, is inappropriate. Electrolux may provide warnings or otherwise block or suspend users or their accounts.

You warrant that you have permission of the person appearing, or whose content is appearing, in content you submit that they unconditionally and irrevocably consents to any act or omission which might infringe any moral rights they may have in the content under any law.

Electrolux, its affiliates and partners may freely use, copy, reproduce, publish, display, publicly perform, transmit, distribute, modify or alter user submitted content, and Materials, and you further agree that Electrolux is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Electrolux for any purpose (including any promotions or campaigns) at any time in the future and via any media.

8. SECURITY

You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails - "spamming"); or (c) interfere or tamper with the software or functionality of the Site. This includes putting material on the Site, which is infected with viruses, trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.

9. THIRD PARTY WEBSITES

Electrolux does not undertake to monitor or review third party site content nor is Electrolux responsible for the accuracy or reliability of any such third party websites. Furthermore, Electrolux may provide on the Site links to websites operated by other entities. If you use these websites, you will leave the Site. If you visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Electrolux makes no warranty or representation regarding any linked websites or the information appearing on any linked websites or any of the products or services described on any linked websites. Links do not imply that Electrolux or the Site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorised to use any trademark, trade name, logo or copyright symbol of Electrolux or any of its affiliates or subsidiaries.

10. EXTERNAL LINKS TO THE SITE

All links to the Site must be approved in writing by Electrolux, except that Electrolux consents to: (i) text only links containing only the name “Electrolux” and that do not otherwise contain any of Electrolux’s or its licensor's proprietary trademarks; (ii) the link "points" only to www.electrolux.com.au and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Electrolux nor be such as to damage or dilute the goodwill associated with the name and trademarks of Electrolux or its affiliates or subsidiaries. Electrolux reserves the right to revoke this consent to link at any time in its sole discretion.

11. EXCLUSION OF IMPLIED WARRANTIES

Although care has been taken to ensure the accuracy of the Materials, the Materials may contain inaccuracies and typographical errors. To the extent permitted by law, Electrolux does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Site and you acknowledge that any reliance on any such opinion, advice, statement, memorandum or information shall be at your sole risk. All content is provided "as is" and "as available". To the extent permitted by law, Electrolux expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, non-infringement, or as to the operation of the Site or the Materials. Electrolux does not warrant or make any representations as to the security of the Site. You acknowledge any information sent may be intercepted. Electrolux does not warrant that the Site or the servers which make the Site will be available or that electronic communications sent by Electrolux, the Site or the Materials are free from viruses or any other harmful elements. All such representations, warranties and conditions are excluded except to the extent that the law prohibits their exclusion. Notwithstanding anything else in these Terms, Electrolux does not exclude any warranties or conditions that cannot be excluded by law.

12. LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Electrolux be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use the Site or the Materials or out of or in connection with these Terms, even if Electrolux has been advised of the possibility of such damages. In addition to these Terms, to the extent permitted by law, in no event shall Electrolux be liable for any errors, inaccuracies, omissions or other defects or untimeliness or unauthenticity of any information contained on the Site.

13. DUTY TO MITIGATE LOSSES

Without prejudice to the limitation of Electrolux’s liability under these Terms, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against Electrolux.

14. NOTICES

All references to "writing", "notices", and "notification" and all related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.

15. REMEDY

If Electrolux does not comply with its undertakings under these Terms, it may correct the non-compliance or either party may terminate the agreement created by your acceptance of these Terms.

16. WHOLE AGREEMENT AND SEVERABILIT

These Terms constitute the entire agreement between Electrolux and you with respect to your use of the Site. To the extent permitted by law, any cause of action you may have with respect to your use of the Site or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion of these Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.

17. THIRD PARTY RIGHTS

Except as expressly provided in these Terms, a person who is not a party to these Terms may not enforce any of its terms.

18. JURISDICTION STATEMENT

The Site is controlled, operated and administered by Electrolux from its offices in Australia. Electrolux makes no representation that the Materials are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access the Site from locations outside of Australia, you are responsible for compliance with all local laws. The laws of New South Wales, Australia shall govern these Terms, without giving effect to its conflict of laws provisions. The Courts of New South Wales shall have exclusive jurisdiction on any dispute arising from these Terms.

Last updated: April 2019

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).

CANCELLATIONS, RETURNS AND EXCHANGESCANCELLATIONS, RETURNS AND EXCHANGES FORCE MAJEUREFORCE MAJEURE MANUFACTURER’S WARRANTY AND STATUTORY GUARANTEES MANUFACTURER’S WARRANTY AND STATUTORY GUARANTEES LIMITATION OF LIABILITYLIMITATION OF LIABILITY

AGREEMENT

1. 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.

2. 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.

3. 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.

4. The terms of the Agreement are as set out in the Order, the Order Confirmation, these Terms and Conditions, the Supplier’s Privacy Policy referred to in clause 9 and any further document issued by the Supplier in relation to the relevant Spare Parts and/or Accessories. These Terms and Conditions prevail to the extent there is any inconsistency between the terms of those documents and these Terms and Conditions.

PRICE

1. 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).

PAYMENT

1. The Customer must pay the Price at the time the Order is placed with the Supplier.

2. 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.

3. 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

1. 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.

2. 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.

3. 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.

4. 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.

DELIVERY

1. 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.

2. 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.

3. 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.

4. 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.

INSTALLATION

1. 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.

2. 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

1. 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.

2. 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 EXCHANGES

1. 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.

2. 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:
  1. a. 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);
  2. b. The Customer retains risk to those Spare Parts or Accessories to be returned until they are in possession of the Supplier;
  3. c. 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
  4. d. 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.

PRIVACY

1. The Customer acknowledges and agrees that the Supplier may collect personal information (including name, address, telephone contact and personal information) and credit information about the Customer in accordance with its Privacy Policy, which is available on the Supplier’s website or on request to the Supplier (Privacy Policy) and the Privacy Act 1988 (Cth).

2. 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.

3. The Customer warrants to the Seller that it consents to the collection, use and disclosure of their personal information and credit information by the Supplier in accordance with this clause 9 and the Privacy Policy.

GOVERNING LAW


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.


FORCE MAJEURE


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.


GST

1. 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 1999 (Cth).

2. 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.

3. 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

1. 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.

2. 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.

3. 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.

4. 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:
  1. a. 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;
  2. b. Have the proof of purchase (eg an invoice) available;
  3. c. Telephone the Supplier on 1300 363 640.

LIMITATION OF LIABILITY

1. 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:
  1. a. 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
  2. b. 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.