Salton - Terms and Conditions

TERMS AND CONDITIONS OF USE AND SALE

It is a condition of accessing this Website and purchasing any product(s) on-line at this website that the website user acknowledges and agrees to comply with the following Terms and Conditions:

1. www.salton.com.au is an on-line facility for the marketing, advertising and on-line selling of various products supplied and distributed by Salton (Aust) Pty Ltd (A.B.N 76 088 126 050) in Australia.

Products

2. If you purchase a product from this website you will always receive the latest model of that product.

3. Any props and accessories used in displays of the products on the website are not included with the product (unless otherwise specified). Products are available only in the colours displayed (unless otherwise specified).

4. All products advertised on this website are subject to availability.

Orders

5. Any order placed by you on this website is an offer by you to purchase a particular product for the price (including delivery and any other charges) specified on this site at the time you place your order. You acknowledge that, by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered. Cancellation of orders by you is only permitted within twelve hours of placing the order. Salton must be notified of cancellation of order by phone or email within this first twelve hours of placing the order.

6. Salton may require additional verification of information before accepting any order.

7. Salton only accepts orders from private residents aged 18 years and over who reside in Australia.

Prices and Payment

8. Any prices displayed on this website may be changed at any time without notice.

9. You must pay Salton for products purchased by you at the current price [as at the date of placing your order] (including any delivery and any other charges).

10. Payment for products must be effected by credit card using the ordering facility on the website. No other form of payment will be accepted.

11. All products must be paid for in full before delivery will be made.

Title and Risk

12. Title to any product/s purchased on this website does not pass from Salton to you until we have received payment in full for the product/s ordered.

13. Salton accepts the risk of loss of, or damage to, product/s only up to the point of delivery of the product/s to the delivery address nominated in your order. Risk passes to you when un-loading begins at the delivery address.

Fitness for purpose

14. All products advertised on this website are intended to be used only for personal, household or domestic use and are not intended for commercial use. No commercial quantity orders will be accepted.

15. Salton will not be held liable for any loss or damage if a product is modified or tampered with in any way.

Delivery

16. All orders placed via this website must specify a delivery address within Australia, a full name and a day-time contact telephone number.

17. All deliveries within Australia will be delivered by a chosen courier nominated by Salton from time to time.

18. When the product(s) you have ordered are ready for dispatch, a courier nominated by Salton will deliver your product(s) to the address provided in your order. In the event that you (or your agent) is not at the address to receive your product(s) you will be contacted (either by phone or postal delivery card) to advise where your product(s) are and to arrange a convenient time to re-deliver.

You (or your agent) agree to inspect the product(s) immediately on receipt at the delivery address. You (or your agent) must notify Salton within ten working days of delivery of any shortfall or incorrect orders. If you (or your agent) do not notify Salton of shortfall or incorrect order by contacting Salton via phone, fax or email within 10 working days then, subject to any law to the contrary, you may not make a claim to Salton in respect of such shortfall or other error.

Delays

19. Salton is not responsible for any delay in delivery of any product(s) caused by, or in any way connected with, any other cause beyond the reasonable control of Salton (including but not limited to non-delivery or shortage of supplies or strikes and industrial disputes or disturbances).

20. Any such delay will not relieve you from any obligation to pay for products already delivered, or to accept the delayed delivery of any products.

Rejection and Cancellation of Orders by Salton

21. Salton may, in its absolute discretion, reject or cancel any order made by you at any time (even if previously accepted by Salton) for any reason, including but not limited to the following:

(a) any payment made by you is subsequently cancelled or dishonoured;

(b) you request a commercial quantity of any product; or

(c) Salton has inadvertently displayed any errors on the website including incorrect prices, descriptions or illustrations or typographical errors; or has indicated that products are available when they are not, and these errors are relevant to your order.

22. If we cancel an order in the circumstances described in clause 21(b) or 21(c), then the purchase price will be refunded to you in full in the event that your credit card has already been charged. In such case, Salton will issue the refund to your nominated credit card account for the purchase price. If there is a display error on the website, Salton will endeavour to correct and re-display the particular item(s) on the website as soon as possible.

Returns

23. We hope you are happy with the product(s) you order, however if the product/s are faulty or damaged, phone or email Salton to organise for the product/s to be returned, then return the product/s along with your proof of purchase and a written reason for the return of the product/s. Subject to conditions 24 – 29 below, we will either arrange for a replacement with an identical or comparable product/s, or issue a refund of the purchase price of the faulty/damaged product/s (at Salton’s option).

24. Returns will not be accepted by Salton if the fault or damage to the product has been caused by accident, or by neglect or misuse by either you or a third party.

25. Returns will not be accepted by Salton if you have modified or tampered with the product in any way.

26. If you have received delivery of your products but have changed your mind and no longer want the product(s), you must notify Salton by phone or email within ten working days to arrange for the product(s) to be returned. If the order has already been processed by Salton and is being delivered to you, then you must arrange for the immediate return of product(s) to Salton once they have been delivered.

27. Any faulty or damaged returned product(s) must be complete and include any accessories provided to you by Salton. Incorrect orders or returned product/s as result of a ‘change in mind’ must be returned to Salton in original condition with the original box, packaging and any instruction booklets or information. Any ‘Free Gifts’ received with the product(s) must also be returned. Contact Salton by phone or email to organise the return of your product(s).

Australia
Salton Service & Returns
Phone: 1800 427 842
Email: info@salton.com.au

28. Salton is not required to process a refund or replacement until we receive the products in question from you, in accordance with your obligations under these Terms and Conditions.

29. To enable us to process any return of products, please ensure you enclose the following with your returned product/s:
- Copy of proof of purchase
- Name
- Delivery Address
- Telephone/E-mail contact details

Liability

30. To the fullest extent permitted by law, Salton, its related bodies corporate, directors, employees, agents and representatives, excludes all liability, howsoever arising (including from negligence), for any loss or damage whether direct, indirect, special or consequential, or for personal injury which is suffered or sustained, by any user, arising in any way out of or in connection with the website, including, but not at all limited to such loss, damage or injury arising out of the following:
(a) using this website;
(b) copying or displaying the contents on this website;
(c) purchasing and/or using any products supplied by Salton on this website under these Terms and Conditions of Use and Sale;
(d) any errors or omissions from any information on this site including typographical or photographical errors;
(e) any technical malfunction, error, virus, delay or interference on this web site;
(f) a failure or omission on the part of Salton to comply with its obligations under these Terms and Conditions of Use and Sale.

31. To the fullest extent permitted by law, Salton and its agents:

(a) do not make any representation, warranty or endorsement of any kind, whether express or implied, with respect to the information or material contained herein or the accuracy, reliability or completeness thereof. In addition, Salton and its agents make no representation as to the accuracy, ownership or any other aspect of information or material contained in any third party advertisements appearing on this website or with respect to any information or content that is otherwise accessible from this website via hyper-links to other websites maintained by other companies and organizations; and

(b) expressly disclaim all representations and warranties, express or implied, with respect to the products and merchandise advertised or otherwise featured on this website, including but not limited to warranties of merchantability or fitness for a particular purpose.

32. Salton shall not be responsible for any incorrect or inaccurate information, whether caused by web site users / contributors or by any of the equipment or programming associated with or utilized with this website, or for any technical or human error which may occur in the course of the operation or administration thereof. Salton assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction or unauthorized access to, or alteration of, any information provided by a website user.

33. You hereby waive, release, forgive, discharge and relinquish any and all claims that you may have against Salton, its related bodies corporate, directors, employees, agents and representatives in connection with, or arising out of, or incidental to, your access to this website and/or your purchase and/or use of any products advertised herein.

34. The Trade Practices Act 1974 (Cth) and certain state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods or services and prohibits the exclusion, restriction and modification of such terms (Prescribed Terms). If Salton or its related bodies corporate, directors, employees, agents and representatives, breach any Prescribed Term then, their liability for the breach is, where permitted by law and at Salton’s election, limited to the re-supply of the relevant goods, service, recommendation or information again.

Disclaimers

35. Subject to any limitation under law, Salton expressly disclaims responsibility for any products that are:

(a) altered, reprocessed, tampered with, or repaired in any way other than by or through Salton;

(b) bought second hand or blemished; or

(c) fitted or used in breach of Salton’s conditions of use or technical specifications, as may be published from time to time.

Indemnity

36. You indemnify Salton, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you using this website and/or purchasing and using any products advertised herein.

Intellectual Property

37. Unless otherwise indicated, copyright in the information and materials contained in this website, together with any trade mark, logo and/or other intellectual property featured herein, is owned by Salton, or otherwise reproduced by it with permission from the relevant owner/licensee, as the case may be. This website, or any portion thereof, may not be reproduced (other than solely for personal use), adapted, modified, duplicated, copied, sold or otherwise exploited for any commercial purpose without the written consent of Salton.

General

38. These Terms and Conditions of Use and Sale are governed by, and will be construed in accordance with, the laws in force in Victoria, Australia and the users submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

39. If any provision of these Terms and Conditions of Use and Sale is held to be invalid or unenforceable by a court of law, that provision will be severed and the other provisions shall remain in full force and effect.

40. Salton may alter the Terms and Conditions of Use and Sale from time to time without notice and it is your responsibility to monitor amended Terms and Conditions of Use and Sale. All changes are effective from the date of posting the revised Terms and Conditions of Use and Sale on this website. Any updated version of the Terms and Conditions of Use and Sale will immediately supersede any prior version.

41. The website user’s use of this website constitutes acceptance of these Terms & Conditions of Use and Sale.

Termination

42. Salton reserves the right to modify, suspend services on this website, and to terminate your ability to purchase products from this website at any time without notice. In this event, the liability and indemnity provisions provided in these Terms and Conditions will survive such termination, and all rights of Salton granted herein are otherwise reserved.

Links

43. Salton may provide links or references to other websites originating from other companies, individuals or organisations, but Salton has no responsibility for the content or operation of any such websites and shall not be liable in any way for any damages or injury arising out of or resulting from access to or use of such websites. It is your responsibility to check on any guidelines and conditions applicable to such third party websites.