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VINTEC CLUB SHOP TERMS AND CONDITIONS

 

  1. AGREEMENT
    • The Customer agrees that it will be subject to and will comply with these Terms and Conditions when accessing and using the Vintec Club website (Site) to order products, services and tickets to events (Products and Services) from Electrolux Home Products Pty Ltd ABN 51 004 762 341 (Supplier), which is the parent company of Vintec Club Pty Ltd and operates the Vintec Club.
    • The Customer may order Products and Services by submitting an order through the Site in accordance with these Terms and Conditions (Order). Any Order placed through the Site is an offer by the Customer to purchase the particular Products and Services. The Customer bears the responsibility and risk of ensuring, prior to submitting an Order, that the Product or Service to be ordered by the Customer is correct.
    • After a Customer has submitted an Order, the Supplier will issue to the Customer a confirmation (in a form as determined by the Supplier from time to time) that it accepts and intends to fulfil that Order (Order Confirmation). The Supplier reserves the right to reject any Order at any time prior to issuing an Order Confirmation for any reason whatsoever. If the Supplier rejects the Order, the Supplier will attempt to notify the Customer using the email address given by the Customer. The Customer’s credit card or debit card will not normally be charged if the Supplier rejects an Order, but the Supplier will process a refund if such a charge has been made against the Customer’s card.
    • An agreement is made between the Supplier and the Customer for the supply and purchase of the Products and Services specified in the relevant Order (Agreement) at the time the Supplier issues an Order Confirmation to the Customer.
    • The terms of the Agreement are as set out in the Order, the Order Confirmation, these Terms and Conditions and the Supplier’s Privacy Policy referred to in clause 8 and any further document issued by the Supplier in relation to the relevant Products and Services. These Terms and Conditions prevail to the extent there is any inconsistency between the terms of those documents and these Terms and Conditions.
  2. PRICE

The price payable by the Customer to the Supplier for the Products and Services is the price for the Products and Services notified by the Supplier at the time the Customer places the Order (plus an amount for freight or delivery) and recorded in the Order and Order Confirmation (Price).

  1. PAYMENT
    • The Customer must pay the Price at the time the Order is placed with the Supplier.
    • The Customer may pay for the Order using the payment methods on the Site including Visa, MasterCard or PayPal. The Customer authorises the Supplier to debit the amount that is payable for an accepted Order from the Customer’s nominated card including reasonable credit card or other payment processing fees incurred by the Supplier.
    • If the Supplier does not receive or is unable to successfully process payment in full for the Order for any reason, the Supplier will cancel the Order.
  2. PROMOTIONS AND DISCOUNTS
    • The Customer may receive online offers and promotions, whether mailed to the Customer’s home or distributed in-store, on the Site or by email. Some offers may include a promotional or coupon code (Code) for use when placing an Order.
    • It is the Customer’s responsibility to ensure that the Code is valid and that the Customer enters the Code at the time of placing an Order. The Code cannot be applied after the Customer has submitted an Order.
    • Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website and may not be used with other offers.
    • Certain offers, including cashback and bonus redemptions, are subject to additional terms (as specified within the offer). The Customer should read these terms carefully, as time limits will apply to cashback and bonus offer redemptions. The redemption of cashback and bonus offers may require the Customer to send a form to the Supplier online. It will be the Customer’s responsibility to ensure it has the appropriate hardware and software to submit any online forms to the Supplier.
    • If the Customer is entitled to a discount as a Vintec Club member, this discount will be applied to the shopping cart before checkout. It is the Customer’s responsibility to ensure that the correct discount has been applied before submitting the Order.
  3. DELIVERY
    • The Supplier ships Products Australia wide. At this time we do not accept international orders through our Site. Please contact us on concierge@vintecclub.com to enquire about a special order. For example, we can organise deliveries to New Zealand, but delivery cannot be organised through our Site – you must contact us by phone or email.
    • The Supplier delivers Products Australia-wide using Australia Post or a courier service. Shipping costs are influenced by the size and weight of the Product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the total of the Order before checkout.
    • The Supplier aims to have Orders dispatched within 2 business days and shipping times are estimated at between 3-10 business days depending on your location within Australia. The Supplier will deliver the Products to the location specified in the Order (Delivery Place) as soon as reasonably practicable. Orders may be delivered in one or more parts. The Supplier is not liable for any claims for late delivery of Products or any loss or damage suffered by the Customer arising from the delay in delivery.
    • Anyone at the Delivery Place who receives the Products will be presumed by the Supplier to be authorised to receive the Products, and the Supplier will not be responsible for lost or damaged deliveries after they have been received.
    • If the Customer gives instructions to the Supplier at the time of making the Order giving the Supplier authority to leave the Products at the Delivery Place (ATL), the Supplier will leave the Products on the Customer’s doorstep even if no one is around to receive them. In this case, the Supplier will not be responsible for lost or damaged deliveries after they have been dropped off.
    • If there is no one at the Delivery Place and an ATL was not given to the Supplier, Products will not be left at the Delivery Place. The Supplier will endeavour to contact the Customer and may charge an additional delivery fee. A reasonable cancellation fee may also apply.
  4. OWNERSHIP AND RISK
    • Risk in the Products passes to the Customer at the time the Supplier’s delivery obligation has been discharged pursuant to clause 5.
    • Title in the Products passes to the Customer at the time the Customer has paid for the Products in full.
  5. CANCELLATIONS, RETURNS AND EXCHANGE
    • Except as required by law, the Supplier is under no obligation to accept a request for cancellation of an Order or a return or exchange of any Products and Services, whether for a change of mind, incorrect selection or otherwise. The Customer should carefully check that the Order is accurate before it is submitted.
    • If a duly authorised representative of the Supplier accepts a cancellation of an Order or a return or exchange of any Product that is not required by law, then:
      • the Customer must bear all reasonable costs associated with returning and refunding the Products (including reasonable credit card or other payment processing fees incurred by the Supplier and return freight);
      • the Customer retains risk to those Products to be returned until they are in possession of the Supplier;
      • title in the Products passes to the Supplier at the time the Customer receives the relevant exchange or refund;
      • the Customer must pay a handling fee of up to 20% of the Price, such handling fee being a reasonable estimate of the Supplier’s loss up to that point including restocking and return freight; and
      • any returned Products must be unused with all original packaging intact and otherwise be in saleable condition and accompanied with the relevant invoice and/or “Goods Return Authority Form” duly signed by the Supplier’s duly authorised representative.
    • If the Supplier cancels a Vintec Club event it will notify the Customer and provide the Customer with a refund or a ticket to the same or similar event at a different time.
    • Unless specified otherwise by the Supplier at the time of the Customer placing the Order, the Customer may cancel a ticket to a Vintec Club event by providing written notification to concierge@vintecclub.com no later than 14 days prior to the event.
    • The Customer may transfer a ticket to a Vintec Club event to another person by providing the required details for the new guest to concierge@vintecclub.com no later than 2 days prior to the event.
  6. PRIVACY
    • The Customer acknowledges and agrees that the Supplier may collect and use personal information (including name, address, telephone contact and personal information) and credit information about the Customer in accordance with its privacy policy, which is available on the Supplier’s website at www.vintecclub.com or on request to the Supplier (Privacy Policy), and the Privacy Act 1988 (Cth).
    • The Supplier may disclose personal information to its related companies and to organisations which provide products and services (including delivery services) to the Supplier or which assist the Supplier in providing products and services to its customers, and otherwise in accordance with its Privacy Policy and the Privacy Act 1988 (Cth).
    • The Customer warrants to the Supplier that it consents to the collection, use and disclosure of their personal information and credit information by the Supplier in accordance with this clause 8 and the Privacy Policy.
  7. GOVERNING LAW

These terms and conditions are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

  1. FORCE MAJEURE

The Supplier will not be held liable for failure to comply with these Terms and Conditions to the extent that the Supplier’s performance is prevented or delayed because of circumstances outside of the Supplier’s reasonable control. This includes but is not limited to unforeseen events such as strikes, breakdown of machinery, adverse non foreseeable weather conditions, or action of government or a port authority, or to the extent that the delay or non-performance is directly and materially caused by the Customer.

  1. COMPLAINTS AND ENQUIRIES

To notify the Supplier of any complaint or to make any enquiry, please contact: The Privacy Officer, Electrolux Home Products Pty Ltd, Locked Bag 5017, South Sydney Business Centre, Alexandria, NSW 2015, Australia.

  1. GST
    • In these Terms & Conditions, the expressions "GST, "tax invoice" and "taxable supply" have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    • With the exception of any amount payable under this clause 12, unless otherwise expressly stated, all amounts stated to be payable by the Customer under the Agreement are exclusive of GST.
    • Where GST is imposed on any supply made under or in accordance with the Agreement, the Customer must pay to the Supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply, subject to the Supplier providing a tax invoice.
  2. MANUFACTURER’S WARRANTY AND STATUTORY GUARANTEES

Each Product is warranted by the Supplier against defects in materials and workmanship for 12 months from the date of original purchase. During this 12 month period, the Supplier will repair or replace or provide a refund in relation to any Product which it considers defective. The Customer must provide it with proof of purchase.

  • The benefits given to the Customer under clause 13.1 are in addition to the other rights and remedies of the Customer under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law). In particular, each Product or Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage if the Product or Service does not comply with a consumer guarantee. You are also entitled to have the Product repaired or replaced (whichever is determined more appropriate by the Supplier) if the Product fails to be of acceptable quality and the failure does not amount to a major failure and can be remedied. You may also be entitled to certain remedies if the Services do not meet a consumer guarantee under the Australian Consumer Law.
  • All other terms, representations, warranties, guarantees and conditions that might otherwise be granted or implied by law are expressly excluded to the maximum extent permitted by law, unless agreed by the Supplier in writing.
  • If the Customer believes that any Product or Service does not comply with the manufacturer’s warranty in clause 13.1 and/or any statutory guarantee, please follow these steps:
    • have the details of the Product or Service ready;
    • have the proof of purchase (eg an invoice) available; and
    • telephone the Supplier on 1800771776
  1. LIMITATION OF LIABILITY
    • In connection with any claim in relation to the Agreement and to the extent permitted by the Australian Consumer Law, the Supplier is not liable for:
      • any loss, cost, damage or expense to the extent it is for indirect, special, economic or consequential loss, where consequential loss means any loss, cost, damage or expense that may not fairly and reasonably be considered to arise naturally (that is, according to the usual course of things) from the breach or other act or omission, even if such losses may be in the contemplation of Customer and Supplier at the time of entering into the Agreement; or
      • any loss of revenue, business or profits of any nature whatsoever, loss of expected savings, loss of chance or business opportunity, business interruption, loss or reduction of goodwill or damage to reputation or any loss of value of intellectual property.
  1. ASSIGNMENT

The Supplier may assign, transfer or novate the Agreement (or any of its rights and obligations) to any of its related bodies corporate on notice to the Customer.  If so, then the Customer consents to such assignment, transfer or novation. 

  1. UPDATES

Any changes to these Terms and Conditions will be published on the Site. The Customer’s purchase of Products or Services will be governed by our most recent Terms and Conditions. By continuing to purchase Products or Services or otherwise continuing to deal with us, you accept these Terms and Conditions as it is updated from time to time.

  1. ALCOHOL
    • Sales of alcoholic Products and events involving the consumption of alcohol are subject to specific terms.
    • Sales will only be made to those over 18 years of age.
    • Events involving the consumption of alcohol may be restricted to guests over 18 years of age.
    • The Supplier will require verification that the Customer is over 18 years of age before it can process the Order and by placing that order, the Customer is warranting that it is not obtaining alcohol or purchasing a ticket to that event on behalf of a person under the age of 18 years of age.
    • We may refuse to serve alcohol to a guest at a Vintec Club event.
    • The Supplier may require appropriate identification when delivering an Order or for guests attending that event.
  2. VINTEC CLUB EVENTS

Guests who attend Vintec Club events may be photographed or filmed.  The Customer consents to (and must obtain the same consent from the Customer’s guests) for the Supplier to use these images on social media, on the Vintec Club site and on other materials to promote the Vintec Club or its partners. 

 

Last updated: August 2019