10) Title and Risk
A) Full title to and risk in the products will pass to you upon delivery from us. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.
11) Cancelled Orders
A) Please choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled once we have provided you with the order reference number.
B) We provide no refunds, credits or replacements if you change your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
C) If in the event Mr Appliance agrees to the cancellation of an order a 25% restocking fee will be payable plus any freight costs.
12) Faulty, Damaged or Defective Product & Product Return
A) A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 7 days of delivery.
B) If you receive a damaged or faulty product, we will arrange for it to be repaired or replaced for you. A refund will only be paid if the product is no longer available.
C) Products damaged during transit must be reported to us within 24 hours of receipt of the product.
D) If you receive a product that you believe is defective, you are to immediately contact our Customer Service Team on 1300 619 581. We may determine that the product is defective over the phone, this excludes Carton Damage. You have 7 days from the date of delivery to report a defective product.
E) If the product has been determined to be defective by Mr Appliance over the phone we will arrange to replace the product.
F) The return of the product due to it being faulty may be arranged and at our expense.
G) If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
H) We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $65 handling and administration fee.
I) Products must be returned in their original packaging whenever we agree to replace the product or provide you with a refund.
J) Where you receive a defective or damaged product by Australia post or our nominated courier we will email you a return delivery docket that it so be fixed and displayed to the product. You are required to deliver the product to Australia Post or provide it to our nominated courier.
K) Where you have received a faulty, damaged or defective product by our courier service, we may make arrangements with you to collect the product.
L) Please ensure that all original items including packaging are returned.
M) It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
13) When a Replacement Product is arranged
A) A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
B) The delivery time for the replacement product may be the same as stated for the original product.
C) Replacement products are provided with the same warranty as the original product.
14) When a Refund is arranged
A) Refunds include delivery and associated costs for the defective product.
B) No refund will be processed until we have received the product from you.
C) Refunds will only be issued to the same credit card or debit card used for the original purchase.
15) Proof of Purchase for a Warranty Claim
A) It is important that you retain the tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.
16) Warranty if an item is replaced
A) This will be based on the manufacturer of your product. We recommend you contact the manufacturer direct for further information on their warranty terms and conditions.
17) Warranty transfer
A) Warranty is only valid with proof of purchase of the original goods which will be warranted as long as it complies with all other terms and conditions. We strongly recommend you review the Manufacturer’s Warrenty and in most cases it is NOT transferable.
18) Warranty Claims
A) For all warranty claims please contact the manufacturer directly.
B) Warranty is valid within Australia only, however please contact the manufacturer in regards to international warranty.
19) Warranty Coverage
A) All items sold are covered by a minimum 12 months manufacturer’s warranty.
B) Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
20) Extended Warranty
A) Extended warranties are available for most products sold through our website and stores.
B) Details of our extended warranty product can be viewed on our extended warranty page.
21) Computer Hardware & Software - Exclusions and Limitations Hardware
A) We are not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing products.
B) In relation to any computing media product, or any computing hardware product or computing part contained within a product, we will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal claim, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with hardware purchased from Mr Appliance
C) Where a computing product needs to be returned to us for replacement or a refund, we will in no manner whatsoever be responsible for any data you may leave on the computing product.
D) Recovery and reinstallation of system and application software and user data are not covered under any warranty and are the responsibility of the purchaser.
E) All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Mr Appliance does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
F) All rights, title or interest in respect of the intellectual property rights in the software remain with Mr Appliance or the licensor of the software at all times.
22) Our Liability
A)Mr Appliance shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
B) To the extent permitted by law our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
C) The Customer shall indemnify Mr Appliance and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
D) To the extent permitted by law, Mr Appliance and customer agree that Mr Appliance will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Mr Appliance shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or Services, even if Mr Appliance has been advised of their possibility.
E) To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Mr Appliance shall be subject to correction without any liability on the part of Mr Appliance
23) Your Personal Information
A) Please refer to the Mr Appliance Privacy Policy to see how we collect use and protect your personal information.
24) Credit Card Fraud
A) Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Westpac Banking Corporations secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
25) General
A) You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
B) Any unauthorised assignment shall be deemed null and void.
C) If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
D) Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of Mr Appliance for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Mr Appliance , to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
E) No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
F) We reserve the right to change the Terms and Conditions at any time.
G) No employee or agent of Mr Appliance has the authority to vary any of the Terms and Conditions governing any sale.
H) The contract cannot be changed unless agreed to in writing or by e-mail.
I) These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
26) Force Majeure
A) We shall not be liable for any delay in performing any of obligations under these Terms, if such delay is caused by circumstances beyond the reasonable control of Mr Appliance and Mr Appliance shall be entitled to a reasonable extension of time for the performance of such obligations.
27) Curreny
A) All listed prices on the web site inculding shipping costs are in Australian dollars (AUD).
28) Deposits
A) Deposits or paid for any products or services by Mr Appliance are none refundable.
29) Security
A) Mrappliance.com.au uses a secure 128 bit SSL (Secure Sockets Layer) certificate which is a globally accepted technology. This helps our customers confirm our website is secure. SSL certificates secure our customers online transactions by encrypting credit card and personal information and providing a safe route of communication for your online payments.
Privacy Statement
Home Appliance Rentals Pty Ltd ABN 271 060 21 505 trading as Mr Appliance is an online and bricks and mortar retailer that values its relationship with its users and we recognise your privacy concerns. Any personal information obtained from your use of this website or in our store will be dealt with in accordance with the Mr Appliance Privacy Policy set out below.
Protecting Your Privacy
Mr Appliance and its associated companies are committed to providing you with a high level of customer service. This includes protecting and maintaining the privacy, accuracy and security of your personal information. We are bound by, and will abide by, the National Privacy Principles in the Privacy Act (Cth) 1988 (“Privacy Act”). This is in addition to our existing obligations under the Privacy Act.
What personal information do we collect and hold?
In the process of conducting our business, we are likely to collect a wide range of personal information about you. The type of personal information we collect always includes your name, your residential address, email address, telephone/mobile numbers, credit card or debit card details and products and services we provide to you. If you choose not to allow us to collect this personal information we may not be able to provide you with the products and services you require. For legal reasons this information may need to be held by us after your account has been finalised.
How do we collect personal information?
Mr Appliance collects personal information directly from you when you submit it either online at MrAppliance.com.au or in our stores or by telephone. There may be occasions when we collect information from publicly available sources or third parties.
How do we use personal information?
The primary use of the personal information we collect about you will be used solely for the purpose of processing your order and communicating with you about:
• returns and exchange authorisations;
• emailing you tax invoices;
• delivery of the products you have purchased;
• dispatch and tracking information;
• providing you with the products and services you have asked for;
• administering your account;
• servicing our relationship with you.
After completing the checkout process, we reserve the right to include your e-mail address as part of our email communications for which you can unsubscribe if you choose.
We may use your personal information for research and development of our products or to send you information about other products and services, which we provide, which may be of interest to you.
Disclosure of Personal Information
We may use or disclose your personal information to organisations outside Mr Appliance and its related companies for purposes relating to the management of your account with us. Such organisations include:
• Electronic service providers who manage the services provided to you;
• mailing systems which organise delivery of the products you have purchased;
• maintenance and repair services;
• market research; and
• Our professional advisers, accountants, lawyers and auditors.
We require these organisations to adhere to strict confidentiality about your personal information and also seek to ensure that they adhere to the National Privacy Principles As referred to in the privacy Act (Commonwealth) 1988.
Security
Mr Appliance takes reasonable steps to ensure that your personal information is secure. We have robust systems and procedures in place to protect your privacy whenever we collect, store, and use or disclose personal information. We are continually reviewing our procedures to ensure the highest standards of security is used to protect your personal information.
How to access and amend personal information
On request from you we will provide details of the personal information we hold about you. The release of information is subject to some exceptions such as information relating to existing or any anticipated legal proceedings, together with exceptions provided by the Privacy Act. Mr Appliance reserves the right to charge a fee for providing access to your information. To protect your personal information, the request to Mr Appliance must be in writing and can be sent by email to: admin@mrapplaince.com.au
Our objective is to respond to any request within a reasonable timeframe.
We also aim to ensure that your personal information is accurate, up to date and complete. Amendment of your personal information will be conducted upon written request from you.
Complaint lodgement and resolution
Mr Appliance is committed to the protection of your privacy and personal information. Complaints you may have about your personal information can be lodged with Mr Appliance at admin@mrappliance.com.au . We will attempt to resolve any complaint within 7 business days. If resolution is not possible within this timeframe we will contact you to discuss the matter further.
How your information may be shared
Except for the purposes outlined in the Mr Appliance Privacy Policy, we never sell or disclose your personal information, however we may release personal information under the following circumstances:
1. when requested by the courts or laws (for example, a subpoena) or regulation or is requested by a government agency;
2. where we deem a company or an individual may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of; and/or
3. to appropriate persons, where your communication suggests possible harm to others.
