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This website “Site” is operated by The Trustee for Stove Doctor Australia Trust
trading as The Appliance Guys ABN 64 262 417 972. Throughout the Site, the terms
“we”, “us” and “our” refer to The Appliance Guys.
1.1 Agreement to Terms of Use
Please read these terms of use (Terms) carefully before accessing or using this Site.
By accessing this Site you agree to be bound by these Terms. If you disagree to
be bound by these Terms you should exit the Site immediately. These Terms
constitute a binding agreement between you and us and govern your use of this Site.
Privacy Policy
As part of these Terms, your use of this Site is also subject to our Privacy Policy
which is incorporated by reference into these Terms.
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this Site. By using
this Site you represent and warrant to us that you are over the age of 18 years.
Should we suffer any damage or other losses as a result of a transaction entered
into by a minor, we reserve the right to seek compensation for such losses from
his/her parents or guardians.
Our store is hosted by Shopify Commerce Singapore PTE Ltd trading as “Shopify”.
Shopify provides us with the online e-commerce platform that allows us to sell our
products and services to you.
Third-party links
Certain content, products and services available via this Site may include materials
and products from third-parties. We do not accept any liability or responsibility for
any third-party materials or products purchased directly through this Site.
Third-party links on this Site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy of information contained on these third-party websites and we do not
warrant and will not accept any liability or responsibility for any third-party materials
or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and make sure
you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third
party.
User comments, feedback and other submissions
If at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable, or violates any
party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of this Site or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third
party.
1.2 Restrictions on use
Prohibited conduct
In addition to other prohibitions as set forth in these Terms, you are prohibited from
using this Site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that will or may be
used in any way that may affect the functionality or operation of this Site or of any
related website, other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of this Site or any related website, other websites, or the Internet.
We reserve the right to terminate your use of this Site or any related website for
violating any of the prohibited uses.
Violations of these Terms
Without limiting any other remedies available to us at law or in equity, we reserve the
right to, without notice:
a) temporarily or indefinitely suspend, or terminate, your access to this Site or
refuse to provide services to you if:
b) remove or block access to any information and/or materials (in whole or in part)
that we, in our sole and absolute discretion, regard in any way to be objectionable
or in violation of any applicable law, any person's intellectual property rights or
these Terms.
Indemnity
You indemnify and hold harmless us and our officers, employees, agents,
consultants, licensors, partners and affiliates from and against any losses, liabilities,
costs, expenses or damages (including actual, special, indirect and consequential
losses or damages of every kind and nature, including all legal fees on a solicitor
client basis) suffered or incurred by any of them due to, arising out of, or in any way
related to (directly or indirectly):
a) any material or information that you submit, post, transmit or otherwise make
available through this Site;
b) your use of, or connection to, this Site; or
c) your negligence or misconduct, breach of these Terms or violation of any law or
the rights of any person.
Disclaimer of warranties; Limitation of liability
We do not guarantee, represent or warrant that your use of this Site will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of this Site will
be accurate or reliable.
You agree that from time to time we may remove this Site for indefinite periods of
time or cancel this Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, this Site is at your sole risk.
This Site and all products and services delivered to you through this Site are (except
as expressly stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort (including
negligence), strict liability or otherwise, arising from your use of any of this Site or
any products or service procured using this Site, or for any other claim related in any
way to your use of this Site or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a result of
the use of this Site or any content (or product) posted, transmitted, or otherwise
made available via this Site, even if advised of their possibility.
You will at all times indemnify, and keep indemnified, us and each of our related
bodies corporate, including our directors, officers, employees and agents from and
against any loss (including reasonable legal costs and expenses on a full indemnity
basis) or liability incurred or suffered by you or by any of us arising from any claim,
demand, suit, action or proceeding by any person against you or us where such loss
or liability arose out of, in connection with or in respect of your conduct or breach of
these terms.
Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
Release
You agree that your use of this Site is at your own discretion and risk. You agree to
release The Appliance Guys and its officers, employees, agents, consultants,
licensors, partners and affiliates from any claim, demand or cause of action that you
may have against any of them arising from these Terms or the use of this Site by you
or any other person. We may plead this release as a bar and complete defence to
any claims or proceedings.
Security
While this Site’s hosting providers employ secure technology for transactions with
our customers, we will not be responsible for any damages, including consequential
losses (whether direct or indirect), that may be suffered by a customer whose credit
or debit card or bank account information is used in a fraudulent or unauthorised
manner by any person other than us.
We may request further information from you, such as a copy of your credit card
and/or other identification documentation, as part of our internal validation
procedures. These procedures help protect bank and credit card account holders
from online fraud. Until your order has passed our internal fraud prevention checks,
your order will remain on pending status. If further information is requested and you
do not provide the requested information within such time as we consider
appropriate in our discretion, your order will be cancelled and, if your payment has
been received, it will be refunded back to you.
1.3 Intellectual property
Copyright
In these Terms, the term "Proprietary Content" means:
All Proprietary Content is our property or that of our licensors (as applicable) and is
protected by Australian and international copyright laws. You must not reproduce,
transmit, republish or prepare derivative works from any of the Proprietary Content,
except as expressly authorised by these Terms or with our prior written consent or
the written consent of any other applicable copyright owner.
You may download and print out content from this Site only for your own personal
and non-commercial use provided that you do not remove or modify any copyright,
trademark or other proprietary notices.
User Content
In these Terms, the term "User Content" means any and all content that is submitted,
posted or otherwise added to this Site by any user, such as comments, forum posts,
chat room messages, reviews, ratings and feedback.
This Site contains some features that enable you and other users to upload User
Content. We reserve the right to display, refuse to display, remove and/or amend all
or any part of any User Content at our absolute discretion. In respect of any User
Content that you upload, you:
Copyright claims
If you believe that our Site contains any material that infringes upon any copyright
that you hold or control, or that users are directed through a link on this Site to a
third-party website that you believe is infringing upon any copyright that you hold or
control, you may send a notification of such alleged infringement to us in writing.
Such notification should identify the works that are allegedly being infringed upon
and the allegedly infringing material and give particulars of the alleged infringement.
In response to such a notification, we will give a written notice of a claim of copyright
infringement to the provider of the allegedly infringing material. If the provider of that
material does not respond to us in writing denying the alleged infringement within 14
days after receipt of that notice, we will remove or block the allegedly infringing
material as soon as is reasonably practicable. If the provider of that material
responds to us in writing denying the alleged infringement, we will, as soon as is
reasonably practicable, send a copy of that response to the original notifying party. If
the original notifying party does not, within a further 14 days, file an action seeking a
court order against the provider of the allegedly infringing material, we may restore
any removed or blocked material at our discretion. If the original notifying party files
such a legal action, we will remove or block the allegedly infringing material pending
resolution of that legal action.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of
these Terms, we exclude liability for any delay in performing any of our obligations
under these Terms where such delay is caused by circumstances beyond our
reasonable control, and we shall be entitled to a reasonable extension of time for the
performance of such obligations.
1.4 General
Interpretation
In these Terms, the following rules of interpretation apply:
No waiver
Waiver of any power or right under these Terms must be in writing and signed by the
party entitled to the benefit of that power or right and is effective only to the extent
set out in that written waiver. Any failure by us to act with respect to a breach by you
or others does not waive our right to act with respect to that breach or any
subsequent or similar breaches.
Severability
The provisions of these Terms are severable and, if any provision of these Terms is
held to be illegal, invalid or unenforceable under present or future law, such provision
may be removed and the remaining provisions shall remain enforceable.
Variation
We reserve the right to amend these Terms and any other policy on this Site at any
time in our sole discretion and any such changes will, unless otherwise noted, be
effective immediately. Your continued usage of this Site will mean you accept those
amendments. We reserve the right, without notice and at our sole discretion, to
change, suspend, discontinue or impose limits on any aspect or content of this Site
or the services offered through this Site.
Governing law and jurisdiction
These Terms will be governed in all respects by the laws of New South Wales. The
parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South
Wales and the courts of appeal from them.
Contact information
Questions about these Terms should be sent to us at
support@theapplianceguys.com.au.
These Terms and Conditions of Sale (T&C’s) apply to the sale and supply of all
goods and services provided by The Trustee for Stove Doctor Australia Trust trading
as The Appliance Guys ABN 64 262 417 972 (The Appliance Guys, “us”, or “we”).
Your purchase of goods from our Site https://www.theapplianceguys.com.au/ is
subject to these T&C’s our Terms of Use, our Refund Policy and our Privacy Policy.
A sale contract for the sale and supply of all goods and services can be made by you
making an offer to The Appliance Guys via the Site, to purchase goods and services
(Order) at the specified price, subject to these T&C’s.
2.1 Orders
By placing an Order through our Site, you make an irrevocable offer to us to
purchase the goods or services that you have selected pursuant to these T&C’s.
Information contained on our Site constitutes an invitation to treat only. No
information on our Site constitutes an offer by us to supply any goods or services to
you – however, we will endeavour to supply your selected goods or services to you.
We will not commence processing any Order made through our Site unless and until:
We reserve the right at our discretion to accept or reject any offer made by you for
any reason (or no reason), including an error in the advertised price for, or
description of, the goods or services on our Site, or an error in your Order.
2.2 Payment
All payments must be made in full prior to delivery.
Payments must be made via Shopify, ZipPay or PayPal’s secure payment gateway
facilities.
Payment methods
Payment for Orders placed through this Site may be made:
Shopify Payments secure payment gateway
We use the third-party payment gateway known as Shopify Payments, provided by
Shopify Commerce Singapore PTE Ltd trading as “Shopify”, for its secure online
payment transactions. Payments made through Shopify Payments are subject to
Shopify’s own terms and conditions and privacy policy. For more information about
Shopify Payments, see the Shopify website https://www.shopify.com/.
Unless you expressly consent otherwise, we do not see or have access to any
personal information that you may provide to Shopify, other than information that is
required to process your Order and deliver your purchased items to you (eg, your
name, email address and billing address).
Acceptance of Orders
You will receive an email once your Order has been confirmed and payment has
been made. If you have any questions regarding your Order please contact customer
service on support@theapplianceguys.com.au.
If for some reason we are unable to accept your Order we will notify you by
telephone or email and arrange for a full refund of any payment made by you.
Any representations made about stock availabilities are accurate to the last known
stock level and are subject to change. If we are unable to supply a particular product,
we will notify you by telephone or email as soon as possible.
Your Order will be deemed to have been accepted when your Order is delivered to
your specified delivery address or on collection of your Order from one of our
warehouses.
Prices
We will endeavour to keep the prices of our goods and services as displayed on our
Site, trade portals and in any published price list correct. However, the prices of our
goods and services are subject to change without prior notice. Prices shown are in
Australian dollars and are inclusive of GST.
We reserve the right to change the prices for goods and services displayed on our
Site at any time before you place an order.
2.3 Supply and Delivery
When you complete your Order you will be asked whether you wish to collect your
Order from one of our warehouses or to have the Order delivered to you. We do
advise that there are some regional and remote areas in which we are unable to
deliver and you will be notified of this prior to completing your Order, in which event
you will not be able to choose to have your Order delivered to you.
All orders are subject to stock availability within our warehouses and/or our
suppliers. Once your order is placed, one of our customer service representatives
will contact you to confirm availability and/or Estimated Time of Arrival (ETA) for
stock that may need to be ordered in. ETAs are subject to change due to external
factors and are an estimate only.
Subject to your delivery location, Products which are marked as:
Other than those Orders which are unable to be delivered due to the delivery
location, if we notify you that we are unable to deliver your Order which was listed on
our Site as ‘in stock’ within 10 business days of receipt of your Order, or 20 business
days for those items listed on our Site as ‘available to order’, due to lack of stock,
you may cancel your Order without charge, and we will arrange for a full refund of
any payment made by you to be processed.
If you have selected delivery and/or installation, please advise us of any difficulties or
restrictions at the delivery/installation location (such as stairs or narrow entries), at
the time you place your Order. A failure to do so may result in additional charges
being incurred such as redelivery fees or additional labour fees.
Delivery by Post or Carrier
The delivery address must be an address within Australia and cannot be a freight
forwarding location. Deliveries cannot be made to PO Boxes.
Once your Order has been received and processed by us it will be dispatched to
your specified delivery address generally within 10 business days of the date you
placed your Order. We will contact you by telephone or email to arrange with you a
suitable time for delivery.
You will be required to be available in person to accept delivery of your Order.
If you wish to change the delivery date or delivery address you must contact
customer service on support@theapplianceguys.com.au prior to the dispatch of your
Order.
We will not accept responsibility for delivery failures or delays by our third party
delivery contractor.
Orders for collection at our warehouse
If you select to collect your Order from our warehouse a customer service
representative will contact you by telephone or email to notify you when the Order is
available for collection.
Orders for collection at our warehouse must be collected within 21 days of you being
notified that the Order is available for collection. If your Order is not collected within
this time, we reserve the right to allocate those goods to another customer and
reorder the Product for you.
Our warehouses are located at:
NSW: 70 Peter Brock Drive, Eastern Creek, NSW
QLD: 31 Chetwynd Street, Loganholme QLD 4129
VIC: 9/24-30 Taryn Drive, Epping, Victoria
2.4 Damaged or Faulty Products and Refund Policy
Title and risk in the ordered goods, such as loss and damage, pass to you on
delivery or collection, as the case may be.
If any product ordered by you arrives damaged or is not of acceptable quality you
may have:
If your Order arrives damaged, please contact our customer service team at
support@theapplianceguys.com.au
The sale of the Goods may be subject to certain laws, including the Australian
Consumer Law. The Australian Consumer Law provides a buyer with certain rights
that cannot be excluded, including that the Goods must be of acceptable quality,
reasonably fit for the purpose which the Seller represents they will be fit for, and that
the Goods will correspond with any relevant description. Nothing in these Terms
shall be read or applied to exclude, restrict or modify or have the effect of excluding,
restricting or modifying any condition, warranty, guarantee, right or remedy implied
by law (including the Australian Consumer Law) which cannot by law be excluded,
restricted or modified.
This clause is not intended to exclude or limit any rights which you may have under
the Competition and Consumer Act 2010 (Cth).
Refunds and other remedies
Except as expressly provided otherwise in these Terms, all amounts paid through
this Site are subject our Refund Policy.
Order Enquiries
If you have any query about the progress of your Order please contact customer
service at support@theapplianceguys.com.au.
2.5 Installation Services
The Appliance Guys offers installation services to you and will send a qualified
technician to your premises to deliver and install your new Product. You can choose
to add on installation services when selecting your Product by adding the installation
service to your Order, this must be paid for at checkout.
If you have elected to add installation services to your Order one of our customer
service representatives will call you. As the price for the installation service is
determined by a ‘like for like’ swap of appliances the customer service representative
may request photos of the existing appliance to ensure that the new Product will fit,
and also to advise of any possible additional charges that may be incurred by you
when our installer attends your premises.
Any additional charges that arise at the time of installation must be paid for prior to
the installer leaving the premises. Payment can be made with one of our friendly
technicians via Square Tap or Go Reader, or over the phone by calling 02 9621
5440 or online via the following link theapplianceguys.simprosuite.com/payment.
Once installation is completed, we will take away your old appliance should you wish
for us to do so.
We're different to other Australian retailers!
We have a policy of offering low prices on all brand new appliance every day direct to the public. We don’t have sales as we discount the recommended retail prices right down so you can be confident that you’re getting a great deal every time.
We have also joined a large buying group which gives us access to the lowest possible prices from all the leading appliance brands and on top of that, we constantly buy in bulk which allows us to pass on the savings to our customers even more!
We dare you to find it cheaper elsewhere!
We don’t want our customers to have to choose between the best service and the best price which is why we will now price beat every product with installation we sell against ANY retailer, we will beat any genuine offer with only on term and condition.
We have to be able to purchase the identical in the box product at the time of your price beat request. Just give our friendly customer service team a call with the product you’re interested in, along with the price you’ve found on the product and installation and we’ll happily take care of the rest.
The price must include all costs including the brand new appliance, delivery fee, basic appliance installation fee and old appliance removal fee. We look at the final combination price of the appliance, delivery and installation. If the price includes services we don't provide, we will still beat the price, but may not beat the service.
If you have any questions in regards to our Price Beat Guarantee please give our customer service team a call on 02 9621 5440.
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