Terms and Conditions

This Agreement was last modified on 04 July 2019.

Terms and Conditions of Service

This website is operated by JAS Appliances Pty Ltd ABN 35 627 370 870 trading as Conik Home Appliances. In these Terms and Conditions of service, “we” or “us” means Conik Home Appliances and “you” means the person, organisation or entity that purchased the products or related services from us.

Please read through these Terms and Conditions of Service carefully as they form the agreement under which we will supply products and services to you. By accessing or using any part of the website, you agree to be bound by these Terms of and Conditions Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms of and Conditions of Service.

We sell some products under and agency agreement. Prices for these products are set by the manufacturer, Robam Australia, and we cannot adjust them. If you are buying products from Robam Australia, you will be subject to their terms and conditions of sale, which will prevail over these Terms and Conditions of Service to the extent of any inconsistency. We will receive payment from you for the above products on behalf of Robam Australia and your tax invoice for these products will come directly from them. By ordering these items through Conik Home Appliances you consent to us disclosing your name, delivery & contact information to Robam Australia for delivery of products. Delivery for most of these products will be by Robam Australia.

Any new features or tools which are added to the current website shall also be subject to these Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Orders

You may place an order by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.

Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process

We will let you have an “order reference number” via a confirmation email once your checkout process is complete. However, if you are paying by credit card, debit card, EFTPOS or Paypal, we will not complete your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order and provide you with an order reference number. Please keep your order reference number safe.

Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Terms and Conditions of Service will apply in relation to the supply of the ordered products. No changes to these Terms and Conditions of Service will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least one (1) business day before your planned delivery date and you will receive a full refund subject to these Terms and Conditions of Service.

Product Availability

All stock availability as represented on our website is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.

If for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

Price and Payment

The price payable for a product is the one set out on our website. All prices are Click & Collect and inclusive of GST. Prices do not include postage & delivery.

We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

We accept payment by VISA, MasterCard credit cards, PayPal, Royal Pay and Direct Deposit.

Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use eWAY secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.

If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact us.

Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.

Delivery

All prices are Click & Collect and do not include postage & delivery.

We offer delivery for most of our products, a delivery fee will apply, but you’ll know about it before you buy. We deliver bulky items within the Melbourne metropolitan area and ship smaller items within Australia. You can call us to find out if we deliver to your area, we will also quote delivery fees to you.

Your purchase will be delivered within 4 workings days and up to 90 days from date of purchase depending on when delivery is requested.

You may request a date for delivery if we are delivering within the Melbourne metropolitan area and we will do our best to arrange delivery on that date. If we cannot deliver on your preferred day, we will contact you as soon as possible.

If you need to change a delivery date or the delivery address, please contact us at least 48 hours before the scheduled delivery date. If you are not available to take delivery on the agreed delivery date, you will be charged a delivery fee for each additional attempt for delivery. However, if we cannot deliver your full order at the time agreed you will not be charged for additional deliveries.

If you would like next business day delivery of the product, you will need to place your order by 2:00 pm on the previous business day. The product must also be in stock and, delivery must be  within the Melbourne metropolitan area.

We will deliver to the delivery address specified by you when you placed your order on the agreed delivery date. Items that require delivery to an above ground level without lift services will attract a premium delivery fee, please check our delivery policy to arrange these types of deliveries.

We may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use.

(a) delivery by one of our drivers – If neither you nor your authorised representative is at the delivery address to take delivery, our driver will leave a notice in your letterbox or under your front door, advising you of our contact details so that you can contact us to organise another delivery day;

(b) delivery by our contracted courier company or directly by the manufacturer – if neither you nor your authorised representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date; and

(c) delivery by Australia Post – if neither you nor your authorised representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to an Australia Post Office suitable to store the product until you are able to go and pick it up. In these circumstances, our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.

We cannot commit to an exact delivery time on the day of delivery. Our driver will make contact on the delivery morning, to give you an approximate delivery time. Then they’ll contact you again approximately 30 minutes before delivery. We usually deliver during business hours.

Installation, connection and removal

We do not offer connection nor installation services. We offer removal of appliances that have already been disconnected or uninstalled. Please refer to our delivery policy for details.

Title and Risk

Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason that we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

Warranties and Limitation of Liabilities

Nothing in these Terms and Conditions of Service limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably 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.”

Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty, please contact us.

Please refer to Returns and Exchanges if you need to arrange for returning the goods to us.

You may also purchase a Customer Care Plan at the time you buy your product. Refer to our Customer Care Plan Policy to see your rights under the Back Up Plan which applies to your product. Such rights are in addition to but may overlap with any rights and remedies you may have under applicable laws including any Consumer Guarantees. The cost of the Back Up Plan payable by you does not include any cost for benefits which overlap with your ACL rights. Please refer to the Back Up Plan Policy if you would like to make a claim.

Subject to Title and Risk, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions and Terms of Service are excluded;

(b) we 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, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Terms and Conditions Service (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) our total liability arising out of or in connection with the products, the services or these Terms and Conditions of Service, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Terms and Conditions of Service.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

Returns and Exchanges

In addition to your rights under Title and Risk, if you contact us within 7 days of your appliance delivery, we will happily exchange for a similar product, or accept a return for credit toward your next purchase. After 7 days but within 30 days of delivery you will have to pay a re-stocking fee of 20% of the purchase price to cover our return costs. We will not accept returns for change of mind after 7 days. Each ordered appliance can be exchanged for change of mind once only – further exchanges for changes of mind are not available for replacement products. This benefit is subject to the conditions of our returns policy.

If your product is eligible for return pursuant to Title and Risk, please contact us to arrange for return.

You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our store. All original items including original accessories, manuals, and packaging (unless taken away on delivery) must also be returned. We will arrange for any products you want returned to be collected, usually within 3 business days.

If you are returning your appliance in exchange for credit, we will only process the credit once we have received the product at our store, inspected it and assessed whether it is eligible for a return under these Terms and Conditions of Service. You will receive your credit in the form of a voucher code for use at the Conik Home Appliances Online checkout.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms & Conditions of Service if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.

General

These Terms and Conditions of Service form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

We may change any provision in these Terms and Conditions of Service without notice so we advise that, even if you are a frequent purchaser from us, you check these terms and Conditions of Service whenever you want to purchase products from us. Any change of these Terms and Conditions of Service will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Terms and Conditions of Service.

We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

You must not assign any rights and obligations under these Terms and Conditions of Service whether in whole or in part without our prior written consent.

Any notice in connection with these Terms and Conditions of Service will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any provision of these Terms and Conditions of Service is invalid, illegal or unenforceable, these Terms and Conditions of Service take effect (where possible) as if they did not include that provision.

Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions of Service will not be taken to be a waiver of any existing or future rights in relation to the provision.

These Terms and Conditions of Service are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

Contact us

If you need to contact us for any reason, please do so using the contact details below:

Conik Home Appliances

Telephone: +61 3 9562 9888

Email: [email protected]