Terms and Conditions of Sale
Please ensure that you carefully read all of the Terms below. In particular, we draw your attention to the following key sections:
· Clause 3: In addition to your payment of the purchase Price for the Goods ordered, Delivery Fees will also apply (cost varies depending on type of Goods, size, weight and delivery location etc). Unpacking, assembly and installation costs (if required) do not form part of the purchase Price or the Delivery Fee, and will be additionally at your cost.
· Clause 8: Please choose carefully before you buy. We do not offer exchanges or refunds for “change of mind” reasons. Standard postage fees apply to all return orders, unless required by the ACL to be reimbursed to you.
· Clause 10: Subject to your non-excludable rights, including under the Australian Consumer Law, we limit our liability owed to you to the maximum extent allowed. Additionally, you agree to indemnify us, our officers and staff in relation to any claims made against us arising from your breach of the Contract.
· Clause 11: We may terminate our Contract with you if we reasonably believe that you have breached the Terms of the Contract (and you fail, refuse to or cannot fix the breach), or you have committed a payment fraud.
Welcome to DOMETIC.com
These Terms govern your orders for Goods placed online, shipping, complaints and general terms and conditions for using Dometic Online Store. For all urgent enquiries, contact customer service on 1800 21 21 21
Definitions
The following definitions apply to these Terms.
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended. Big & Bulky Goods are Goods for which extra handling and additional resources are required for delivery. Please note that different Delivery Fees and requirements apply – please refer to the shipping section at the checkout. If you are still unsure or would like further information, please contact us on 1800 21 21 21 or at store@dometic.com.au.
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Consumer is as defined in the ACL and in determining if you are a consumer, the determination is made if you are a consumer under the Contract.
Contract means any contract entered into for the supply of Goods by us to you.
Delivery Address means the address to which your Goods are to be delivered, as stated on the order you placed through the Site for those Goods.
Delivery Agent means a third-party delivery or shipping company engaged by us to deliver the Goods you have ordered from the Site.
Delivery Fees means the fees for the delivery of the Goods, shown on the relevant product page/s and calculated at checkout.
Force Majeure Event means an event beyond the reasonable control of a party including, without limitation, accident, acts of God, acts or threats of terrorism or war, breakdown, epidemic, natural disaster, pandemic, sustained inclement weather, import or export or travel restrictions, industrial disputes, lockouts or strikes.
Goods means the products ordered online via the Site, including (as relevant) Big & Bulky Goods and Restricted Goods.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price for the Goods as specified on the relevant product page/s and calculated at checkout.
Privacy Policy means the Dometic Store Privacy Policy. View the Dometic Store Privacy Policy for more information, which is accessible here: https://www.dometic.com/en-au/au/privacy-notice
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Terms means these Terms of Sale for Consumers.
Those Indemnified means any of our officers, contractors, employees and agents.
we, us, our and Dometic means Dometic Australia Pty Ltd (ABN 62 086 366 305).*you and your means you as the purchaser of Goods through the Site pursuant to these Terms.
1. Terms of Use
These Terms govern your use of the Site. These Terms are to be read in conjunction with our Privacy Policy. The Privacy Policy sets out how we will use your information and can be found at our Privacy Policy page. By using this Site, you consent to the processing of your personal information as described therein and warrant that all data provided by you is accurate.
We reserve the right in our absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site. You agree that use of the Site by you, constitutes acceptance of the Terms.
2. Basis of Contract and Placing Orders
These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
You may place an order by following the instructions on the Site. By placing an order, you are making an offer to enter into a Contract to purchase the Goods for the Price.
Orders will be deemed received and accepted by us, at the time we send an order confirmation and receipt of purchase to your nominated e-mail address. If the Goods ordered are not available or we otherwise reject the order, you will receive an email to your nominated e-mail address advising this. It is your responsibility to ensure the correct email address and contact details are entered with your order.
Each order you place will be a separate Contract. If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order.
All Goods offered for sale are for personal, non-commercial use and not for commercial re-sale or for use by governments or educational institutions.
We may restrict the quantity of Goods which can be purchased in one order, or during a particular period of time, or per person, or per address. Any quantity restrictions will be stated on the relevant product page, in the materials about the relevant promotion, or otherwise advised on the Site.
If we cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid to the payment details submitted via the Site.
If you order Goods that are or contain Restricted Goods, you: warrant that you are aged 18 years (or the age required by law to purchase these Goods, for example, 16 years to purchase knives in the ACT and NSW), warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years; acknowledge that it is against the Law to sell or supply the Restricted Goods to, or to obtain the Restricted Goods on behalf of, a person under the age of 18 years (or the age required by law to purchase these Goods, as relevant); and warrant that the information you have provided us is true and accurate.
3. Pricing and Payment
The Price and availability of any Goods are subject to change without notice. If we have already accepted an order at a particular Price, we will supply at that Price.
The Price for the Goods is stated on the relevant product page on the Site. The Goods available, Price, and promotions offered on the Site (if any) may not be the same as those in a Dometic retail store, or a third-party seller’s store or website, and we will not price match. From time to time, we may offer promotional discount or coupon codes which may apply in respect of any, or certain specified, orders or Goods on the Site. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use will be specified on the Site or at the time of issue in relation to these discounts and coupons, and placement of an order by you will be considered acceptance of these additional terms.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
Full payment, including Delivery Fees (if applicable) is due at the time of submitting your order. Unpacking, assembly and installation fees do not form part of your Delivery Fee.
Payment methods are specified on the Site and are subject to change.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
4. Availability of Goods
Goods displayed on the Site are strictly subject to availability. From time to time, Goods may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the Price paid for the Goods impacted, arrange a ‘back order’ for the Goods, or you may elect to place an order for alternative Goods, at your discretion.
We may withdraw or suspend from sale any Goods displayed on the Site, either temporarily or permanently, at any time and without notice.
All reasonable care will be taken to ensure that all details, descriptions, images and Prices on the Site are accurate, however the Site may contain errors, inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice.
You acknowledge and agree that: any accessory featured with the Goods is for illustrative purposes only, and may be sold separately unless advised otherwise; and where we provide dimensions and measurements in the description of the Goods, no representations are given about the suitability for your intended use or the accuracy of the dimensions and measurements. All descriptions are accurate at the time of display on the Site, to the best of our knowledge. You acknowledge that some dimensions may vary slightly, and we have no control over this. It is your responsibility to ensure that the actual size of the Goods selected is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Goods).
5. Title, Risk and Insurance
Title and property in the Goods remains vested in us and does not pass to you until full payment has been received.
The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately on delivery of the Goods to your Delivery Address.
You assume all risk and liability for loss, damage or injury to persons or to your property or the property of third parties, arising out of your use or possession of any of the Goods sold to you by us, unless recoverable from us on the failure of any applicable statutory consumer guarantee under the ACL.
6. Shipping and Delivery
The Goods are delivered Australia wide using DHL. Dispatch times are an estimate only and may vary according to availability of the Goods and the time of year (e.g. during certain periods such as sale periods, Easter or Christmas, dispatch, and deliveries may take longer to fulfil due to high order volumes).
We will use our reasonable endeavours to meet any estimated dates for delivery of the Goods. However, time will not be of the essence and, subject to the ACL, we will not be liable to you if delivery is not on time.
Delivery Fees will apply and will vary depending on the type of Goods, size, weight and dimensions, and Delivery Address. The Delivery Fees will be calculated and collated in your shopping cart.
Your order may be fulfilled from multiple locations at different times depending on stock availability. In the instance that your order is split, you will not be charged any additional Delivery Fees.
If re-delivery is required, you will be required to pay additional Delivery Fees (including where your order was subject to discounted delivery). Delivery Fees paid will not be returned in such cases, unless required by Law.
Goods will be delivered to the Delivery Address specified on the order.
You or a person over the age of 18 must be available to accept delivery at the Delivery Address on the agreed date between you and the Delivery Agent. If no-one is at the Delivery Address or there is limited access to the Delivery Address, the Delivery Agent will leave a collection card with instructions on where to collect your Goods.
Where the Delivery Address is an office address, shared house or apartment, the Delivery Agent will make reasonable attempts to contact you however you agree that delivery may be made to an individual at the Delivery Address and that we will be able to rely on that individual's instructions as if they were your own.
Without limiting clauses 1 to 11, for deliveries of Big & Bulky Goods, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery.
7. Force Majeure
We will not be liable in any way howsoever arising under the Contract to the extent that we are prevented from acting by a Force Majeure Event. If a Force Majeure Event occurs, we may suspend or cancel the Contract by written notice to you.
We reserve the right to defer the date of delivery of the Goods, or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from, or delayed in, the carrying on of our business (wholly or in part) due to a Force Majeure Event.
8. Exchange and Return Policy
If you’re not satisfied with your purchase, Dometic may allow you to return your product for a full refund of the product value within 30 days of your purchase, provided it has not been customized, is unused, and is still in its original packaging.
All requests for returns must be made in accordance with our Terms. All requests are to be made in writing to us through our return form, within 30 days of purchase, with the following information:
· Your full name;
· Your order number;
· The reason you are seeking return of the Goods;
· Your instructions informing us how you would like the issue resolved; and
· A copy of your payment receipt.
This will ensure we have all the information to resolve quickly, or should we need to contact you. Once approved, a pre-paid shipping label will be provided and the return shipping cost will be deducted from the refund. Where the return relates to faulty Goods, the replacement will be sent out to you, at no charge, within 10 working days from the date we receive the faulty Goods.
For products purchased from an authorized dealer, the dealer’s return policy applies — please contact your selling dealer directly for more information.
For exchanges, please return your item(s) for a full refund and re-place an order on DOMETIC.com for the correct item.
9. Feedback & Complaints
If you have a complaint about the Site, please contact our Customer Service team by email store@dometic.com.au or phone 1800 21 21 21.
10. Warranty and Liability
In addition to your rights and remedies available under the ACL, we may offer an express warranty in relation to certain Goods (Warranty). When provided, the Warranty period and its terms and conditions, may vary. Please refer to the packaging of the Goods, our brochures and the descriptions published on the Site to determine the Warranty term and Warranty conditions applicable (if any) for your purchase. Please contact our Customer Service team on 1800 21 21 21 if you have any questions about our express Warranty offerings.
Where you are a Consumer for the purposes of the ACL: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable 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.
Except as these Terms specifically state, or as contained in any express Warranty provided in relation to the Goods, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
We are not liable to you for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, except to the extent of any liability imposed by the ACL.
Nothing in these Terms is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of the Goods which cannot be so excluded, restricted or modified. To the maximum extent permitted by law, you indemnify and agree to hold us and Those Indemnified harmless against and from any and all Claims which may arise as a result of or in connection with your breach of these Terms. We hold the benefit of this indemnity on trust for Those Indemnified.
We will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process your order or deliver the Goods due to inaccurate or incomplete details provided in an order, in respect of the availability or otherwise of the Goods on the Site, or in respect of any Claim arising in connection with your use of the Site. To the maximum extent permitted by law, you release us and Those Indemnified in respect of any Claim.
Our failure to act or our delay in acting in relation to a breach of any of these Terms by you is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
11. General
We may, at our discretion, terminate the Contract for the supply of Goods to you: if we reasonably believe you have breached these Terms or committed fraud; and that the breach is not capable of remedy or it is not remedied within the provided time period.
These Terms are to be construed in accordance with the laws of Queensland, Australia and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of Queensland, Australia.
12. Promotions