Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to EISENMANN AUSTRALIA. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details when appropriate.
- On registration you agree to pay for the goods and services as set out on our website.
- We reserve the right to terminate your membership at any time if you breach these terms and conditions.
Our Website Services
- Our services are provided to individuals aged 16 and older. By purchasing products through our website, you acknowledge that you are over the age of 16.
- All prices are in Australian Dollars (AUD).
- We reserve the right to cancel any order made should our prices change, displayed incorrectly or where the product is described incorrectly.
- Where your credit card has been charged for a cancelled order, we will immediately refund your credit card for the total amount debited.
- Products are described as accurately as possible, however we do not warrant or represent that the description is accurate. We will take all reasonable steps to rectify any incorrect description.
- Images are used for illustrative purposes only. We do not guarantee that images reflect or portray the full design or options relating to any product.
Product Order Policy
- Our products are for sale to individuals aged 16 and older. By proceeding to purchase through our website, you acknowledge that you are over the age of 16.
- We give no undertaking as to the availability of any product advertised on our website.
- All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable.
- We endeavour to ensure that the prices displayed are current, however we reserve the right to amend our prices at any time.
- Packaging and postage is an additional charge, calculated at time of purchase based off order size, weight and delivery destination. You may also be eligible for a flat rate of shipping depending on your location.
- When placing an order, you are required to provide your name, address for delivery, your email address and your telephone number. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware.
- Delivery of your ordered goods is undertaken by a third party delivery service of our choosing, by purchasing from us you are agreeing to the use of this delivery service and all risk and responsibility associated.
- Title of the goods passes to you on the receipt of payment.
- Payment terms are strictly point of sale through our online payment gateway provided by “eWay”, payments are made via a valid major credit card, visa debit or debit master card. Credit card information is never stored or viewed by us. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware or cyber related crimes.
- Payment is your acceptance of a contract of sale with Eisenmann Australia (Contract). All Contracts are governed by these terms and conditions.
Additional Loss or Damage Policy
- All risk of loss or damage to good/s passes to you when we despatch the products from our warehouse, this includes when good/s are in transit and under the care of a third party delivery service. All reasonable care will be taken to ensure items are packed and dispatched safely. However, you agree not to hold us accountable for any lost or damage good/s.
Faulty Return Policy
- We undertake to replace any good/s delivered to you that is manufactured faultily. If we are unable to replace a faulty product, we undertake to credit you accordingly with products from our store.
- Faulty Returns must be first approved by us. Once approved in order for us to replace or credit, ALL faulty good/s must be made secure for return delivery and sent to Eisenmann Australia within 7days from signing delivery as received. We undertake to replace or credit your account accordingly with products from our store on the receipt of your returned good/s.
- Product Returns will not accepted as faulty due to personal preference unless the product is deemed faulty by us.
Standard Return Policy
- Any good/s for return must be first approved by us. Once approved all risk, responsibility and cost associated are your own (use of registered / tracking delivery is recommended).
- We undertake to credit your account accordingly with products from our store on the receipt of your returned good/s, so long as they are received by us undamaged, unopened, unused and in a re-saleable condition, with proof of purchase and within seven days of purchase (credit excludes delivery costs/fees).
In-house Errors Policy
- We undertake to credit, exchange, replace or resend any good/s delivered to you by mistake due to in-house error, as long as any mistaken good/s you received are returned and received by us undamaged, unopened, unused and in a re-saleable condition with proof of purchase and within seven days of purchase. Direct postal service costs agreed to by us, that you encounter for redelivery will be credited to you accordingly, provided the redelivery receipt is enclosed with the return good/s.
- You agree to fully inspect the label of the good/s you receive to confirm receiving the correct type and option ordered, you accept that any in-house errors cannot be corrected if the good/s packaging has been opened. Opening of the packaging is your acceptance of that good/s type and option.
- When you visit our website, we give you a limited licence to access and use our information for personal use (Licence).
- You are permitted to download a copy of the information on this website for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of our information without our prior written permission.
- The Licence does not include the right to use any data extraction tools, metatag or mirroring software. We reserve the right to serve you with notice if you are in breach of the Licence.
- This website may from time to time contain hyperlinks to other websites. The hyperlinks are provided for convenience only. We take no responsibility for the linked website’s content, maintenance, or privacy compliance.
- Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Our provision of hyperlinks does not authorize or condone any breach of intellectual property rights the operator of the website might be committing.
- You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
Intellectual Property Rights
- The copyright of the content on this website belongs to us or we have a licence to use that content.
- All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, review, feedback, idea or suggestion (Comments) which you provide to us through this website becomes our property.
- You agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Limitation of Liability
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the products and/or services again or payment of the costs of having those products and/or services supplied again.
- To the full extent permitted by law, we accept no liability for any loss whatsoever including consequential loss suffered by you arising from use of this website, product/s and service/s we have supplied.
- By accessing our website and using our products, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our products and website.
- If a Force Majeure event causing delay continues for more than thirty days, we may terminate this agreement by giving at least seven days notice to you.
- Force Majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.