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Terms of Sale
Welcome to Signature Appliances. You can find our terms and conditions of sale below. A dedication to service is essential to who we are - which includes treating our customers with fairness and respect. As such, these terms are written for clarity and full transparency. If you have any queries or concerns about them, please don't hesitate to contact us.
These terms of sale ("Terms") govern each quotation and agreement ("Contract") formed on acceptance of an order placed by a customer ("Customer") with Signature Appliances Pty Limited ABN 61 000 733 488 ("Signature Appliances") for the supply of goods and/or services ("Goods").
Acceptance.
By offering to buy any Goods from Signature Appliances or using any website operated by Signature Appliances including signatureappliances.com and signatureappliances.com.au (collectively "Website") to make purchase of any Goods, the Customer accepts and agrees to be bound by these Terms.
Privacy Policy.
1. Signature Appliances will collect and deal with the Customer's personal information as set out in Signature Appliances's Privacy Policy. By using the Website or offering to buy Goods from Signature Appliances, the Customer accepts and agrees to be bound by the Privacy Policy which is available from Signature Appliances on request or https://www.signatureappliances.com.au/articles/help/privacy-policy.
Website Terms of Use.
2. The Website is published and available for use subject to Signature Appliances's "Website Terms of Use" which is available from Signature Appliances on request or https://www.signatureappliances.com.au/articles/help/website-terms-of-use. By using the Website or offering to buy any Goods from Signature Appliances, the Customer accepts and agrees to be bound by the Website Terms of Use.
Returns Policy.
3. Signature Appliances will deal with claims for return of Goods in accordance with Signature Appliances's Returns Policy which is available from Signature Appliances on request or https://www.signatureappliances.com.au/articles/help/returns-policy. By using the Website or offering to buy any Goods from Signature Appliances, the Customer accepts and agrees to be bound by the Returns Policy.
Pricing.
4. All prices displayed by Signature Appliances are in Australian dollars and include Goods and Services Tax where applicable.
5. Prices may not include delivery, handling and restocking charges.
6. Any accessory shown in any image of Goods is not included in the price unless otherwise stated.
7. A published saving in respect of Goods is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of those Goods as offered by Signature Appliances immediately before the relevant promotion.
8. Images of Goods are illustrative only and may vary from the goods described or offered for sale.
9. Images of Goods shown without any advertised price alongside the image are not offered for sale by Signature Appliances.
10. Signature Appliances reserves the right to correct any error or omission in any publication or promotion of Goods including on the Website.
11. Advertised prices displayed by Signature Appliances for Goods, including on the Website, are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Signature Appliances. Subsequent price changes (either up or down) will not apply to accepted orders.
12. The Customer must pay any specified delivery charge notified through the Website or otherwise at the time an order is placed by the Customer.
13. All pricing displayed on the Website is for online purchases only and may not be matched at a Signature Appliances physical retail location and vice versa.
Competitor Pricing Policy.
14. Signature Appliances will match Competitor Pricing in accordance with Signature Appliances's Competitor Pricing Policy at https://www.signatureappliances.com.au/articles/help/competitor-pricing-policy.
Payment and Interest.
15. All payments for Goods and delivery must be made in full prior to delivery.
16. Overdue amounts owing to Signature Appliances will be subject to interest calculated at the rate of ten per cent (10%) per annum.
17. In the event that the Customer fails to pay for Goods in accordance with these Terms, the Customer must, if requested and without prejudice to any other right Signature Appliances may have, return the Goods to Signature Appliances at the Customer's cost.
Proof of Transaction.
18. Signature Appliances will provide the Customer with a "proof of transaction" and if requested, an itemised bill in accordance with the Australian Consumer Law made under the Competition and Consumer Act 2010 (Cth) ("Act").
Collection and Delivery.
19. Signature Appliances’s Collection and Delivery Information can be found at https://www.signatureappliances.com.au/articles/help/delivery-services.
Website Verification Procedures.
20. When a Customer places an order and pays by either credit card or PayPal an email may be sent to the Customer from the processing team requesting further information, such as a copy of the credit card and drivers licence for identification. After verification, this information will be destroyed. If the Customer does not provide the requested information within 7 days, the order may be cancelled and the payment refunded by the same method of payment. Information requests are made to help reduce the incidence of fraud.
Title.
21. Subject to the rights of a "consumer" under the Act, title to Goods will remain with Signature Appliances and not pass to the Customer until the Customer has paid all amounts owing to Signature Appliances by the Customer on any account.
22. If the Customer sells Goods contrary to Signature Appliances's title, the Customer agrees to hold the proceeds of sale as trustee for Signature Appliances. Signature Appliances will be entitled to recover all proceeds held on trust and the Customer agrees to bear the costs of such recovery action.
23. The risk of loss or damage to the Goods will pass to the Customer on delivery.
Warranties, Conditions and Guarantees.
24. Subject to clause 25, these Terms set out the full extent of Signature Appliances's liability in respect of the supply of Goods and there is no warranty, condition, guarantee or other term binding on Signature Appliances except as expressly stated in these Terms or the Contract. Any warranty, guarantee, condition or other term concerning the supply of Goods implied by law or otherwise is expressly excluded to the extent permitted by law.
25. Despite clause 24, nothing in these Terms will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to the Contract by law, including under the Act, where to do so would be illegal or render any provision of the Contract or these Terms void or unenforceable.
26. Subject to clause 25, Signature Appliances will not be liable under the Contract to the Customer for any loss of income, profit, opportunity or data or any indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the Goods or otherwise.
27. Subject to clause 25 and clause 26, the Customer and Signature Appliances agree that Signature Appliances's maximum aggregate liability to the Customer will not exceed the amount paid by the Customer to Signature Appliances for the Goods.
Authorised Sales Agency.
28. Signature Appliances acts as an authorised sales agent for certain manufacturers including Miele and Asko. Where Signature Appliances acts as a sales agent, the relevant product is sold and invoiced by the manufacturer and the sale is subject to the manufacturer’s terms and conditions of sale. These Terms will not apply where Signature Appliances acts only as a sales agent. Manufacturer’s terms and conditions of sale are available in hard copy from Signature Appliances upon request or from the relevant manufacturer’s Australian website.
Payment Options.
29. Signature Appliances offers Customers a variety of payment options for Goods including cash, debit and credit card, HSBC finance, paypal for ebay purchases, Signature Appliances Gift Cards and "Buy now, pay later" options such as Afterpay. With some payment options, the Customer is required to enter into an agreement with the relevant credit provider as a condition of provision of credit ("Credit Arrangement"). It is the Customer's responsibility to understand the terms of the Credit Arrangement and, if necessary, seek independent advice about the Credit Arrangement before accepting credit. Signature Appliances will not be responsible or liable in respect of any Credit Arrangement between the Customer and a credit provider. Some Credit Arrangements will require the Customer to disclose or authorize the disclosure of Customer personal information including credit card information. Signature Appliances will not be liable for any loss or damage of the Customer arising from a Credit Arrangement or disclosure of information required by such an arrangement.
30. Customers are encouraged to carefully consider their payment options, including in relation to Credit Arrangements, before purchasing Goods from Signature Appliances. The terms of any Credit Arrangement are between the Customer and the relevant credit provider. Signature Appliances does not make any recommendation in relation to any payment option or the suitability of a payment option for a particular Customer.
31. If you are entitled to a refund for Goods, your refund will be processed in accordance with Signature Appliances's Returns Policy.
32. In paying or attempting to pay for Goods, including under a Credit Arrangement, the Customer agrees that the Customer has not engaged in any misleading or deceptive conduct, fraudulent conduct or contravened any law.
Unforeseen Events.
33. Signature Appliances may cancel or suspend any sale or delivery of Goods ("Transaction") in the event of any unforeseen occurrence, delay or non-performance which, in Signature Appliances's opinion, renders the Transaction impractical or uneconomic. Such events include things related directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, an electronic attack on electronic systems, failure or interruption of any electronic system or essential service, such as electricity supply, internet, communications and payment systems and any other cause beyond Signature Appliances's control.
Goods and Services Tax.
34. In these Terms, "GST", "supply", "taxable supply" and "tax invoice" have the meaning given to such terms in A New Tax System (Goods and Services) Tax Act 1999 (Cth) and "GST" also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
35. If the amount of GST applicable to a sale made to the Customer differs from the amount of GST the Customer has paid for the Goods, then the amount of GST payable by the Customer will be adjusted either by further payment by the Customer or repayment by Signature Appliances to the Customer of the amount of the adjustment as the case may be.
Entire Agreement.
36. The Contract incorporating these Terms constitutes the entire agreement between Signature Appliances and the Customer in respect of the supply of the Goods and supersedes all prior agreements and understandings between the parties in connection with that supply.
Severability.
37. If a court determines that a word, phrase, sentence, paragraph or clause of this deed is unenforceable, illegal or void, it is severed and the other provisions of this deed remain operative.
Variation.
38. The Contract and these Terms cannot be varied without Signature Appliances's written consent.
Governing Law.
39. The Contract will be governed by the laws of New South Wales and Signature Appliances and the Customer submit to the non-exclusive jurisdiction of the courts of that State.