Terms & Conditions

FOWLERS VACOLA ONLINE TERMS & CONDITIONS

These Terms and Conditions constitute an agreement between the customer (“you”, “your”) and Fowlers Vacola Australia Pty Ltd, 23-25 Racecourse Road, North Melbourne, Victoria 3051 (“Fowlers Vacola”, “us”, “we”, “our”). These Terms and Conditions apply to the ordering, purchase, fulfilment and delivery of Products from http://www.fowlersvacola.com.au

Please read these Terms and Conditions carefully before placing your Order with Fowlers Vacola. If you do not understand these Terms and Conditions or if you have any questions, please contact Fowlers Vacola Customer Service on (03) 9329 7799.

1. Definitions

Delivery Agent means any third party engaged by Fowlers Vacola on your behalf to deliver an Order to you.

GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or determination recognised to have binding force or effect.

Order means a request by you to purchase a Product from the Website in accordance with these Terms and Conditions.

Product means each good that is offered for sale on the Website.

Terms and Conditions means these terms and conditions as amended from time to time.

Website means http://www.fowlersvacola.com.au

2. Compliance

2.1 You agree to be bound by and comply with these Terms and Conditions and all relevant Law when using the Website and placing an Order.

2.2 Each Order you place constitutes a separate and binding agreement between you and Fowlers Vacola.

3. Placing an Order for a Product

3.1 You may place an Order for a Product by selecting a Product and submitting an Order on the Website.

3.2 Any Order submitted on the Website is an offer by you to purchase Product for the price specified (including delivery and other charges, fees and taxes) at the time you submit the Order.

3.3 When submitting the Order you agree to provide us with complete and accurate contact details to enable us to process and deliver your Order. We may require you to provide additional details or confirm your details to enable processing and delivery of your Order.

3.4 Fowlers Vacola will not be liable for any loss for a delay or failure to process or deliver a Product to you (or your nominated recipient) due to your Order containing incomplete or inaccurate details.

4. Acceptance and Rejection of Orders

4.1 Fowlers Vacola reserves the right to accept or reject an Order for any reason at any time.

4.2 Each Order accepted by us constitutes a separate and binding agreement between Fowlers Vacola and you, for Fowlers Vacola to supply the selected Product to you in accordance with the Order and the Terms and Conditions.

4.3 If we reject an Order we will notify you of that rejection within a reasonable period of time and where your payment for the Product has already been processed we will refund such payment to you within a reasonable period of time. Fowlers Vacola will not be liable for any loss, damage, cost, or expense incurred due to the rejection of an Order or as a result of any delay in processing a refund.

5. Delivery of Products

5.1 Fowlers Vacola only deliver to addresses and post office boxes in Australia.

5.2 The delivery fees for an Order depend on the type of Product, in particular, the size and weight of the Product.

5.3 All Orders are delivered via trackable freight by a Delivery Agent we engage on your behalf.

5.4 Fowlers Vacola cannot guarantee delivery time frames and will not be liable for any loss, damage, cost or expense incurred due to a delay in delivery.

5.5 You or your appointed representative must be present to accept delivery of your Order. The Delivery Agent may require proof of identity to be provided.

5.6 You acknowledge and agree that any person at the delivery address who accepts delivery of your Order is:

(a) authorised by you to receive your Order; and

(b) over the age of 16 years and capable of receiving delivery on your behalf.

5.7 You may be liable for re-delivery fees in the event that the Order cannot be delivered due to there being no person present and willing to accept delivery at the delivery address, no proof of identity being provided or if the delivery address cannot be accessed. In these circumstances you may need to collect the Product from the Delivery Agent’s local depot or agent. You must follow the Delivery Agent’s instructions for collection and pay any additional delivery fees.

5.8 Before accepting delivery of the Order, you or the person accepting delivery should inspect the Product to ensure that it matches your Order and that it has not been damaged in transit.

5.9 Title in the Product passes to you on the date and time that you (or the person accepting delivery) accept delivery of the Product to the delivery address.

5.10 Fowlers Vacola will not be liable if the Order is lost in transit or for any damage caused to the Product in transit. We strongly recommend that you select the freight option that includes insurance when placing your Order. If you choose the standard option with no insurance you agree to assume the risk of the Product being lost or damaged in transit.

6. Order Cancellation and Returns

6.1 Once an Order is placed it cannot be changed or cancelled.

6.2 Products purchased from Fowlers Vacola cannot be returned or exchanged unless required by Law.

7. Price and Payment

7.1 The price in respect of a Product is specified on the Website.

7.2 Once an Order is submitted we will charge you, and you agree to pay the price of the Product ordered (including delivery and other charges, fees and taxes).

7.3 All prices, delivery and other charges and fees include GST where applicable.

7.4 Payment of an Order can be made by credit card. Once an Order is submitted, you authorise Fowlers Vacola to debit the amount payable from your nominated credit card.

7.5 Fowlers Vacola reserves the right to change or alter prices of Products on the Website without notice to you, unless you have already submitted an Order, in which case there will be no change or alteration in pricing.

7.6 You agree not to pay, or attempt to pay, for a Product through any fraudulent or unlawful means.

7.7 You will receive a tax invoice at the time of delivery which specifies the total fees and charges for the Order.

8. Warranty

8.1 Fowlers Vacola warrants that your Product, if a non-food Product, will be free from defects in materials or workmanship, under normal home use, for a period of one year from the date of purchase (warranty period) unless the defect is caused by accident, misuse, negligence (including tampering), abuse, damage in transit, or use for commercial purposes. This warranty does not cover damage incurred due to servicing at a servicing centre not approved by Fowlers Vacola or damage caused by anything other than a manufacturing defect. This warranty excludes any relief for incidental or consequential damages. If you require further information about your warranty, please call Fowlers Vacola Customer Service on (03) 9329 7799.

8.2 Should a defect appear in your Product within the warranty period, we will repair it or replace it at our option.

8.3 To entitle you to claim the warranty you must:

(a) Call Fowlers Vacola Customer Service on (03) 9329 7799 and tell us about your problem.

(b) If we instruct you to send us all or part of the Product for repair or replacement, pack it carefully in the original carton (if possible) to prevent damage. Any damage caused sending the product is not covered by the warranty.

(d) Write a letter to us explaining the problem. Include the following: your name, address and a copy of the original tax invoice as proof of purchase.

(e) Attach the sealed envelope containing the letter to the carton/packaging. Insure the carton/package for the value of the product and send prepaid to:

Fowlers Vacola Australia Pty Ltd

23-25 Racecourse Road

North Melbourne

Victoria 3051

Australia

(f) If the Product is defective within the warranty period we will honour our warranty by repairing or replacing the Product at our option.

8.4 Fowlers Vacola will not be liable for any expenses associated with a warranty claim.

8.5 In order to assist handling of your warranty and to facilitate verification of the date of purchase, we recommend that you complete and return to us the warranty registration card enclosed with the Product.

8.6 The benefits provided to you by this warranty are in addition to other rights and remedies available to you under Australian Consumer Law. 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.

8.7 Without excluding, restricting or modifying the rights and remedies to which you may be entitled to pursuant to this clause 8 and the Australian Consumer Law:

(a) you acknowledge that the Website and its contents are provided on an “as is” basis and we do not make any warranty or representation as to its accuracy or reliability or as to the suitability of the Website or a Product for any purpose;

(b) Fowlers Vacola excludes to the fullest extent possible under Law, all other implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions; and

(c) Fowlers Vacola will not be liable to you for indirect and consequential loss arising from or connected to these Terms and Conditions in contract, tort, under any statute or otherwise.

8.8 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent that you cause or contribute to the loss or damage.

9. Termination

9.1 Fowlers Vacola reserves the right, at its discretion, to immediately terminate these Terms and Conditions and suspend, terminate or limit your access to and use of the Website if:

(a) Fowlers Vacola reasonably believes that you have breached these Terms and Conditions and such breach is not capable of remedy; or

(b) You have been provided with notice of a breach of these Terms and Conditions and you have failed to remedy such breach within 14 days (where the breach is capable

of being remedied).

10. Privacy Policy

10.1 Fowlers Vacola supports and complies with the National Privacy Principles that provide the benchmark for the collection, access, storage and handling of personal information we obtain in our business.

10.2 We only collect personal information if it is reasonable to do so. When personal information is collected we have procedures in place to ensure that your personal information is not accessed by unauthorised persons, lost, unduly disclosed, amended or misused. When the information is no longer required we will take measures to destroy it.

10.3 You do not have to provide us with any personal information. However, if you choose not to provide us with the personal information we request we may not be able to supply you with any Product the supply of which depends upon the collection of the personal information.

10.4 The personal information we obtain is generally used to enable us to supply Product to you. We may also use your personal information to investigate ways to enhance our services to you (eg to advise you of new Product). You can tell us at any time that you do not want us to send information to you other than for the main purpose we obtained the information from you. If we disclose any personal information to other organizations (eg researches and others we deal with in our business) we try to ensure that we do so in such a way that does not enable individuals to be identified.

10.5 We will provide you with access to any of your personal information we hold except in some situations identified by the Law. If you require your personal information please advise us by email. We may require proof of your identity before giving the requested access. Your information will generally be provided free of charge but we reserve the right to charge a reasonable fee if your request requires more than usual efforts.

11. General

11.1 If the whole or any part of a provision of this agreement is invalid, unenforceable or illegal then that provision is severed from this agreement to the extent of the unenforceability or illegality. Such severance does not affect the validity or enforceability of the remainder of this agreement which has full force and effect.

11.2 This agreement is governed by the laws of Victoria, Australia and must be construed in accordance with the laws in force in the State of Victoria. Each party submits to the exclusive jurisdiction of the courts of Victoria. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these Terms and Conditions and this provision does not apply to any claim you may have under the Australian Consumer Law.

11.3 Fowlers Vacola reserves the right to change these Terms and Conditions from time to time. The Terms and Conditions that will apply to any Order are the Terms and Conditions that applied at the time the Order was submitted.

11.4 Any notices required to be given pursuant to these Terms and Conditions may be given to you by electronic mail and to Fowlers Vacola by electronic mail to info@fowlerscavola.com.au.

11.5 Any failure or delay by Fowlers Vacola in exercising any power or right conferred on Fowlers Vacola by these Terms and Conditions will not constitute a waiver of that power or right.

COPYRIGHT

Fowlers Vacola reserves all copyright in the content and design of this website as owner, controller or licensee of same. You may only access and view this website for your own personal non-commercial use. You may not, in any form, or by any means:
(i) reproduce, adapt, transmit, display, peform, publish or create any derivative works from any part of the content or design of this website; or
(ii) commercialize any information on this website
unless you have the prior written consent of Fowlers Vacola.