DIVIN Australia Pty Ltd Terms and Conditions
Effective from 29 September 2022.
THESE TERMS AND CONDITIONS OF SALE, AND WEBSITE TERMS AND CONDITIONS OF USE (“Terms and Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND DIVIN AUSTRALIA PTY LIMITED ABN 37 660 506 785 (“Company”, “we”, “us”, “our”).
THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. WE EXCLUDE LIABILITY FOR DIRECT AND INDIRECT LOSS AND LOST PROFITS. IF YOU BREACH THESE TERMS AND CONDITIONS YOU MAY HAVE TO INDEMNIFY US. NOTHING WILL AFFECT OR LIMIT YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, INCLUDING YOUR RIGHT TO RECEIVE THE BENEFIT OF CONSUMER GUARANTEES. PLEASE READ IT CAREFULLY.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF OUR WEBSITE INCLUDING FUNCTIONALITY, CONTENT, AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE, WHETHER AS A GUEST OR REGISTERED USER, AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH THIS WEBSITE. BY CLICKING THE CHECKBOX ON THE WEBSITE, YOU ACKNOWLEDGE WE HAVE DISCLOSED THESE TERMS AND CONDITIONS TO YOU AND THAT YOU HAVE UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS AND WISH TO PROCEED WITH THE PURCHASE.
Who We Are and How to Contact Us
We operate the Website https://www.divinwinefridges.com.au/. We are DIVIN Australia Pty Limited ABN 37 660 506 785, with our registered office and main trading address at Unit 2, 31 Kenworth Place, Brendale, QLD 4500, Australia.
If you would like to contact us for any reason, including because you have any complaints, the best way to contact us is by email to firstname.lastname@example.org/ (for general queries) or email@example.com/ (for spare parts-related queries). You can also call us on 1800 077 862.
If we have to contact you, we will do so by phone, email or prepaid post to the address you provide to us. If we have to give you notice in writing, we will do so by email or pre-paid post as above.
Your use of our Website is also subject to our Website Terms and Conditions of Use. Please take the time to read our Website Terms and Conditions of Use.
TERMS AND CONDITIONS OF SALE
- Ordering Products and/or Services
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
When you place an order for a product and/or service on our Website, you are offering to purchase that product and/or service from us. After you place an order, you will receive an email from us acknowledging that we have received your order and notifying you if we have accepted your order. Acceptance of your order and formation of the contract of sale between us will not take place unless and until you have received the above-mentioned confirmation email. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason and at our sole discretion.
You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order.
We reserve the right to not accept any order from you including, without limitation, where stock is not available, there has been an error in the advertised price or product/service description on our Website or if we believe (in our reasonable opinion) that the applicable order has been placed for commercial purposes, fraudulently or otherwise in breach of these Terms and Conditions of Sale. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us.
We reserve the right not to accept any order notwithstanding that we had charged you for the order. In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full, subject to our Returns Policy. We only supply products and services for domestic and private use. To the extent permitted by law, you agree not to use the products or services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We must supply products that are in conformity with these Terms and Conditions of Sale and any accepted order placed by you.
We will not be liable or responsible for delay in performing, or failure to perform, any of our obligations under these Terms and Conditions of Sale or any accepted order if such delay or failure results from events, circumstances or causes beyond our reasonable control. In such circumstances our obligations will be suspended, and we shall be entitled to a reasonable extension of the time for performing such obligations.
- Price and Payment
Payment must be received by us in full prior to our acceptance of each order. Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorisation.
You own the products once we have received payment in full, including all applicable delivery charges.
The prices of the products and services will be as quoted on our Website at the time you submit your order. All prices posted on this Website are subject to change without notice.
Unless expressly stated otherwise, the price for a product and/or service advertised on our Website:
- a) does not include installation, any accessories, replacement parts, extended warranties or delivery or handling charges;
- b) is in Australian Dollars; and
- c) includes GST.
We may offer other payment alternatives from time to time. Each time you submit credit or debit card or other payment information on this Website, you represent that:
- a) you are authorised to use the credit or debit card or other payment account;
- b) the information you supply to us is true, correct and complete;
- c) charges incurred by you will be honoured by your credit or debit card company or other payment system provider; and
- d) you will pay charges incurred by you at the current advertised prices, including all applicable taxes, if any.
If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.
- Replacement Parts and Installation
The most up-to-date edition of the applicable product Use & Care Manual should be consulted prior to, and strictly followed in the course of, installation of any product.
Only genuine replacement parts must be used in any product.
If notified by us, (for instance, in the applicable Product Manual) installation of replacement parts must be undertaken by a trained and supported DIVIN Australia or other appropriately qualified or registered technician. To locate a trained and supported technician, you can contact firstname.lastname@example.org/ for further information. To the extent permitted by law, we do not accept any liability whatsoever for any loss, costs or damage caused by using replacement parts which are not genuine replacement parts and/or replacement parts not being installed by a trained and supported DIVIN Australia technician (where we have advised that a trained and supported technician is required) or other appropriately qualified or registered technician.
TERMS AND CONDITIONS OF CHRISTMAS SALE – DECEMBER 2023
- Promotion is available on purchases made from 1 December 2023 until 11.59pm (AEST) on 17 December 2023 or while stocks last or until DIVIN Australia elects to end the promotion.
- Participation in the Christmas Sale is deemed acceptance of these Terms and Conditions. This “Promotional offer” (defined below) is not valid in conjunction with any other offer.
- Offer is open to residents of Australia.
- For the purpose of these Terms and Conditions:
a. "Promotional Offer" means the content showed on the home page of the DIVIN Australia that provides a set discount off the RRP of eligible DIVIN Australia products.
b. Discount is applied to RRP (recommended retail price)
- Discount applies at Checkout.
- The eligible items are subject to stock availability and DIVIN Australia reserves its rights to amend the list of eligible items at any time.
- DIVIN Australia’s standard terms and conditions apply to this promotion.
MANUFACTURER’S WARRANTIES AND CONSUMER GUARANTEES
Please see our website for further information of the manufacturer’s warranties that may be available in relation to our products and services.
In addition, there may also be manufacturer’s warranties and consumer guarantees available to you pursuant to the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) and to the extent those are available, they also form part of these Terms and Conditions.
If you are unsatisfied with an order, you may return it to us, provided the product qualifies for return as set out in this Returns Policy. To qualify for a return a product must:
- a) have been purchased from us through this Website or by telephone within 10 calendar days of the date you submit the product for return to us;
- b) be unused, cased within its original packaging and in good, resaleable condition;
If a product meets the above criteria, we will provide you with a full credit for the product purchase price. When you call us for a return we will provide you with additional information required to facilitate return freight to us. Products are at your risk until we receive them back and you may be liable to a restocking fee.
After we receive a qualifying return, we will process the return and issue any applicable credits as soon as commercially reasonable under the circumstances of the return.
If a product does not meet the above criteria we will not accept it for a return unless:
- We have made an error with your order;
- A product has been damaged in transit (in which case the Products Damaged in Transit section below will apply); or
- The product has not been delivered within 10 calendar days, but it has been 5 calendar days from the delivery of the product; or
- We are required by law to accept them for return.
PRODUCTS DAMAGED IN TRANSIT
If any products are damaged in transit to you, you must contact us on phone or email: email@example.com/ within 24 hours of delivery or such other timeframe as is reasonable in the circumstances. Once the damage has been notified to, and verified by, DIVIN Australia your return will be processed. The product must be returned in original unused condition, complete with its original packaging, product literature, etc.
If you have any queries, problems or concerns about a product or Service, please contact us on phone or email: firstname.lastname@example.org/.
Nothing in this Returns Policy clause affects your rights for any alleged failure of a guarantee under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
To view our shipping policy, please visit the SHIPPING, RETURNS AND REFUNDS page on our Website.
WEBSITE TERMS AND CONDITIONS OF USE
- Limitation on Use
This Website may only be used in accordance with these Website Terms and Conditions of Use (which may change from time to time).
We may stop the operation of the Website in full or in part at any time. We may change, suspend or end any service, or change and modify prices prospectively at our discretion. The Website or any related software on the Website is not a storage service. You agree that we have no obligation to store, maintain or provide you with a copy of any content or information that you or others provide, except to the extent required by applicable law.
You may use our Website only for lawful purposes and by using the Website, you agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government. You may not use our Website:
- in any way that breaches any applicable local, national or international law or regulation.
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- for the purpose of harming or attempting to harm minors in any way.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Website.
- not to access without authority, interfere with, damage or disrupt:
o any part of our Website;
o any equipment or network on which our Website is stored;
o any software used in the provision of our Website; or
o any equipment or network or software owned or used by any third party.
We do not guarantee that our Website, any content on it or any service it provides will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Website for business or operational reasons.
- Suspension and Termination
We will determine, in our discretion, whether there has been a breach of these Website Terms and Conditions of Use through your use of our Website. When a breach of these Website Terms and Conditions of Use has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions of Use constitutes a material breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
- Limitation of Liability; Disclaimers
Our Website tells you about DIVIN Australia, our business and products and services and the terms and conditions on which we sell products and services to you.
All of the following limitation of liability and disclaimer clauses are to the extent permitted by law.
While we endeavour to provide accurate and up to date information, errors and omissions may occur. To the extent permitted by law, we expressly disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Website, or the material, information, software, facilities, services on the Website, regardless of the basis upon which liability is claimed. The Website and all information, content, materials, products, and other services included on or otherwise made available to you through the Website are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind hereunder, express or implied, as to the operation of the Website, or the information, content, materials, products or other services included on or otherwise made available to you through the Website. Your use of the Website is at your sole risk. Without limitation, you assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
To the full extent permissible by applicable law, we expressly disclaim all guarantees and warranties relating to the function of our Website including, without limitation, freedom from computer virus (or any similar threats) and/or availability. We do not warrant that the Website, information, content, materials, products or other services included on or otherwise made available to you through the Website, or our servers or electronic communications are free of viruses or other harmful components. You agree that we will not be liable for any damages of any kind arising from the use of the Website, or from any information, content, materials, products or other services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE ANY RIGHTS THAT YOU MAY HAVE UNDER ANY RELEVANT LAW.
The negation of damages set forth above are fundamental elements of the basis of the bargain between you and us. This Website and the information would not be provided without such limitations. To the extent permitted by law, no advice or information, whether oral or written, obtained by you from us through the Website shall create any warranty, representation or guarantee not expressly stated in this agreement.
- Changes to Website
We may update our Website from time to time, including without limitation; updating our pricing and the products and services that are offered on our Website.
- Intellectual Property
All intellectual property rights in this Website, and all derivative works based thereon, are owned by DIVIN Australia or our licensors.
No part of this Website, including but not limited to, the trademarks, logos, names and product listings, may be copied, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of DIVIN Australia (and/or, if applicable, the licensor). You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
This Website may contain hyperlinks to other websites. Those links are included for convenience only and we do not endorse the content of those third party websites. You understand that we do not operate or control the products or services offered by third party websites. Your access to and/or use of those websites is at your own risk. We make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to third party content including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Website or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.
- Other Security Information
Depending on which aspects of our Website you use, we may provide personalised security information for the Website. You must treat all such security information as strictly confidential, and not disclose it to anyone. Any such security information which is generated by us and supplied to you remains our property.
We are entitled to rely on the provision of your security information without further enquiry, as evidence of your identity, authority to use the relevant part of our Website and/or place orders. As a result, to the extent permitted by law, you accept responsibility for all activities that occur under your security information.
You agree to notify us immediately if you have any reason to believe that your security information has become known to anyone else, or if your security information is being, or is likely to be used in an unauthorised manner. Such notice will not release you from your obligations in relation to your security information.
BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD DIVIN AUSTRALIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS, TO THE EXTENT PERMITTED BY LAW, THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM DIVIN AUSTRALIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF DIVIN AUSTRALIA’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
- Goods Not for Resale or Export
You agree to comply with all applicable laws and regulations of Australia and its states and territories. You represent and warrant that you are buying products or services from this Website for your own personal, family, household or commercial use only, and not for resale or export.
- No Waivers, Severability and Entire Agreement
Failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions respectively and will not affect the validity or enforceability of the remaining provisions.
- Alternative Dispute Resolution
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, INCLUDING ANY QUESTIONS REGARDING ITS EXISTENCE, VALIDITY OR TERMINATION, SHALL BE RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE ACICA EXPEDITED ARBITRATION RULES. THE SEAT OF ARBITRATION SHALL BE SYDNEY, AUSTRALIA. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.
- Amendment and Assignment
We amend these Terms and Conditions from time to time without prior notice, in our sole discretion. Please look at the top of this page to see when these Terms and Conditions were changed. You will be subject to the latest version of the Terms and Conditions in force at the time that you use our Website and/or place an order for products and/or services via our Website.
We may transfer our rights and obligations under any order accepted by us to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
- Governing Law
These Terms and Conditions are governed by the laws of Queensland. This means any dispute or claim arising out of or in connection with them will be governed by the laws of Queensland. You and we both agree that the Courts of Queensland will have non-exclusive jurisdiction, subject to the terms set forth herein.