TERMS OF SALE ON HUSQVARNA E-STORE
1. INTRODUCTION
1.1 These Terms of Sale (“Terms”) are specific to husqvarna.com/au (“E-Store”),and set out terms and conditions applicable to the sale of products (“Product”) online via the E-store for Click & Collection or Home Delivery in Australia by companies and/or consumers (“You”).
1.2 The E-Store is operated by Husqvarna Australia Pty Limited ABN 45 115 475 of 4 Pioneer Ave, Tuggerah NSW 2259 (“Husqvarna”), together with Husqvarna AB and its subsidiaries (“Husqvarna Group”). Access to and use of the E-Store, is provided by the Husqvarna Group. Please read these Terms carefully before purchasing Product. By using, browsing and/or purchasing Products on the E-Store, this signifies that You have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must cease using the E-Store, or any associated services, immediately.
1.3 Husqvarna reserves the right, at its sole discretion, to modify or change these Terms in whole or in part, at any time and without prior giving notice.
(a) Except in the case of orders already accepted by Husqvarna or placed awaiting acceptance, changes to these Terms take immediate effect from the date of their publication. Your continued use of the E-Store after any changes to these Terms are published will be considered acceptance of those changes. Other terms, such as Husqvarna’s general website Terms of Use, Privacy Notice and Cookie Policy are also applicable to your use of the E-Store.
(b) Such changes will have no effect on orders that were accepted by Husqvarna prior to the amended Terms being published.
(c) If you have placed an order which has not been accepted by Husqvarna, you will have the right to cancel the order if you are not satisfied with the change in Terms. Keep a copy of these Terms as Husqvarna Group may not archive previous versions.
1.4 Please carefully read these Terms before purchasing Product. You accept the Terms by remaining on the E-Store. By ticking the "I agree" box in the checkout process and submitting an order, You accept and agree to be bound by these Terms.
1.5 By accepting these Terms You confirm that You are at least 18 years of age or of legal age to form a binding contract with Husqvarna.
2. ORDERING PRODUCT
2.1 Products are ordered and the contract for the purchase of Products is concluded in accordance with the following process:
(i) After selecting the Product, You place the order by proceeding to the Checkout. You will be guided through the checkout process by a series of instructions on the E-Store. Your order is an offer to buy the Product listed in your order and there is no binding contract between You and Husqvarna until the order is dispatched by Husqvarna. Whilst Husqvarna endeavours to supply all ordered Product, Husqvarna is free not to accept your order for any reason, including where Product are no longer available.
(ii) In placing the order, You will be requested to provide information relating to You and your order, such as contact details, delivery address and information relating to the selected payment method (e.g. credit card number). You will also be requested to indicate your preferred dealer store for collection of the Product(s) and for returns and warranty repairs.
(iii) You will receive an order confirmation email detailing the Product You have ordered. Please store your order number and date for future references. This confirms that Husqvarna has received your request, but it is not a confirmation that product is in stock, nor of acceptance of your order. You may cancel or update your order up until Husqvarna has sent a notice of dispatch (see next point).
(iv) Once your order has been processed and your Product is ready to be shipped, Husqvarna will send You a notice of dispatch by email. The contract for the purchase of the Products becomes binding when Husqvarna issues that notice of dispatch. Actual dispatch will take place subject to the terms of section 3.1 and 3.2. If Products that You have ordered are not in stock (including if the ordered quantity is partially not in stock), Husqvarna will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain your order.
3. DELIVERY
3.1 Click & Collect: Husqvarna will deliver the Product to the dealer You selected. The dealer will contact You when the Product has been inspected and assembled and is ready for collection. The delivery will be completed when Husqvarna delivers the Product to the dealer You selected.
3.2 Home Delivery: Husqvarna will deliver the Product to the delivery address You provided during checkout via the chosen registered courier. The delivery will be completed when Husqvarna delivers the Product to the delivery address You selected.
3.3 Shipping and delivery dates are estimates only and cannot be guaranteed.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered Product are specified on the E-Store, as confirmed in the order confirmation. All prices on the E-Store are displayed in Australian Dollars, inclusive of GST (where applicable) but exclusive of charges for shipping and handling (if applicable these will be added to your order and itemised before You agree on these Terms).
4.2 Although Husqvarna tries to ensure that all prices on the E-Store are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Husqvarna discovers an error in the price of Product You have ordered, Husqvarna will inform You as soon as possible and give You the option of reconfirming your order at the correct price or cancelling it.
4.3 Available payment methods are presented for your selection on the E-Store in the checkout process. Your credit or debit card will be charged, and the bank transfer will be effected, respectively, upon acceptance of your order.
4.4 By submitting an order through the E-Store, You are confirming that the payment details provided on your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
5. INSPECTION, INSTALLATION AND USE
5.1 Inspection
(a) Upon taking delivery of the Product (if home delivered); or
(b) Upon collection of the Product from the Dealer
You must inspect the Product to verify whether there was any damage caused to the Product during shipment or obvious defects in the Product. Any such damages or defects must be notified to Husqvarna without delay at the email specified in section 8.2.
5.2 You are responsible for the proper installation and use of the Product that You have purchased on the E-Store. For proper guidance, always read any instructions on the package for the Product and the relevant Husqvarna user/product manual and installation guide.
5.3 Spare parts and accessories that You have purchased on the e-Store must always be installed and used in accordance with the relevant user manual and installation guide for the Product into which You intend to install and use the spare parts/accessories.
6. WARRANTIES AND STATUTORY CONSUMER RIGHTS
6.1 Guarantee and Warranty
(a) The Product comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
(b) In addition to the statutory consumer rights prescribed by Australian Consumer Law, Products may also be eligible for additional voluntary warranties in accordance with the Husqvarna Warranty Policy.
(c) Despite clause 6(b), Husqvarna has no liability for non-fulfilment of the warranty resulting from:
(i) deliberate damage to or neglect of the Product;
(ii) consumables wearing out and normal wear and tear components, including batteries, lights, chains;
(iii) failure to follow user/product manual, installations guide and other instructions relating to the use, installation and care of the Product; or
(d) Except as described in this clause 6 and to the extent permitted by applicable law, Husqvarna disclaims all warranties whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
(e) Husqvarna will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
7. LIMITATION OF LIABILITY; FORCE MAJEURE
7.1 Subject to the Australian Consumer Law, Husqvarna's total liability under these Terms in relation to an individual purchase order shall be limited to the price You have paid to Husqvarna in respect of that order. Husqvarna will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Product or these Terms (including as a result of not being able to use the Product or the late supply of the Product), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Please note that use, installation or care which is not carried out in the required manner may cause personal injury and product damages.
7.2 The limitation in clause 7.1 shall not apply in case of fraud, gross negligence or wilful misconduct on the part of Husqvarna and Husqvarna does not in any way limit its liability for death or personal injury caused by negligence. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers.
7.3 Except as provided by a law that cannot be excluded, and without disturbing Husqvarna’s obligations under the Consumer Guarantee and voluntary warranty, Husqvarna excludes liability for loss or damage You might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of your using the Website;
(d) the Content or operation in respect to links which are provided for Your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
7.4 Husqvarna will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control including acts of nature, fire, flood, severe weather, pandemic, epidemic, electricity transmission failure, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), or acts of local or central government or of any other competent authorities, as well as other force majeure events pursuant to applicable law.
8. RETURNS; CUSTOMER SUPPORT
8.1 If You wish to return a Product to Husqvarna for repair, replacement or refund please contact Husqvarna and follow the procedure as indicated under E-Store Returns Policy returns guidelines
8.2 For general questions regarding the use, care or service of the Product, please refer to the user manual. You may also contact Husqvarna, via email customer.service@husqvarna.com.au or phone 1300 804 105. To locate a dealer, please refer to the dealer locator.
9. MISCELLANEOUS
9.1 Husqvarna may subcontract and/or transfer its rights and obligations under these Terms without your prior written notice (in case of transfer of your rights, Husqvarna will notify You in writing), but this will not affect your rights or Husqvarna's obligations under these Terms.
9.2 Husqvarna may occasionally run campaigns, sales promotions or offer other incentives ("Promotions") in relation to Product offered on the E-Store. The validity of and conditions that apply to the promotions will be set out in additional terms and/or rules appear on the E-Store. Other than as expressly set out in such promotional terms/rules, these Terms will govern the supply of Product ordered pursuant to a promotion.
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These Terms were last updated: 18 September 2023