Terms and Conditions

Terms and Conditions

Hunter Valley Kitchen Appliances

 

Terms and Conditions

In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” means Hunter Valley Kitchen Appliances ABN 90 644 316 727 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 online or over the telephone.

We may sell some products under agency agreements. Prices for these products are set by the manufacturers and we cannot adjust them. These include (without limitation) products from the following brands: Westinghouse, Chef & Euromaid. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Conditions of Sale to the extent of any inconsistency.

We will receive payment from you for the above products on behalf of the manufacturer and your tax invoice for these products will come directly from them. By ordering these items through Hunter Valley Kitchen Appliances you consent to us disclosing your name, delivery & contact information to the manufacturers for delivery of products. Delivery for most of these products will be by the relevant manufacturers.

Orders

You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered 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. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

Please choose your products carefully. Prices can change and so you should check the latest price on our website or 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 complete the online checkout process or before you place your telephone order.

We will let you have an “order reference number” via a confirmation email or over the phone once your checkout process or phone order is complete. However, if you are paying by credit card, debit card, EFTPOS or Paypal, we will not complete your order until your payment has passed our internal validation procedures. 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 safely.

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. 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.

Availability

We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service 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 details provided by you at the checkout process 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 once the product is available.

Price and Payment

The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

We accept payment by credit card. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Stripe secure payment gateway, 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 be sent to you when your items are ordered. Your tax invoice is your proof of purchase and may be required for any warranty claims

Delivery

A delivery fee will apply for all orders but you’ll know about it before you buy. We deliver Monday to Friday within our delivery area.

We cannot commit to an exact delivery time on the day of delivery. Our driver will contact you in the morning to give you an ETA. We usually deliver during business hours.

Disposal and Removal of Products

If the delivery address is in Newcastle, Lake Macquarie or Hunter Valley you can request that our delivery team dispose of your old product for a fee. Old products being removed must be similar to the new delivered product. This must be done at the delivery location of your order.

Electrical disconnection will be completed by KGB Electrical if installation service is purchased.

All products for removal and disposal must by disconnected from gas supplies by a licensed plumber. You agree that removed goods are deemed to have zero value and become our property. We may dispose of them as we see fit.

Title and Risk

Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

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 may come 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 our Customer Service Team.

We will not be liable for any normal wear and tear, special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

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 us will be subject to correction without any liability on our part.

Returns and Exchanges

If your product is eligible for return contact our Customer Service team on 4088 8388 to arrange for return. Subject to any applicable laws that cannot be excluded.

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 original accessories, manuals, and packaging (unless taken away on delivery) must also be returned. We will arrange for any products you want returned to be collected.

General

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 are a frequent purchaser from us, 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 agents or employees or any third parties have any authority to change these Conditions of Sale.

Contact Us

If you need to contact us for any reason, please do so using the contact details below:

Customer Service Team

Telephone: (02) 4088 8388