Terms & Conditions
This website is owned and operated by ALB INTERNATIONAL, trading as Smarthomeware.
The following Terms and Conditions are rules that govern the usage of this website and shopping with us (online or in store). By using this website, you are agreeing to these terms and conditions. If you do not agree, we kindly ask you to restrain from using https://www.smarthomeware.com.au
Changes to Terms and Conditions
Smarthomeware reserves the right to change Terms and Conditions from time to time, without notice. This is within our rights as Owners and Directing Managers of the company. When changes are implemented, they will apply immediately. It is the customers responsibility to be aware and up to date with the terms and conditions.
Copyright
All the information on this website (https://www.smarthomeware.com.au) is protected under Australian and international copyright laws. All content including photographs, graphics, text and product data is legal property of Smarthomeware.
All trademarks, brands and names appearing on this website are the property of their respective owners.
Communication
All forms of communication (phone calls, text messages, emails or verbal) are admissible for legal purposes. Smarthomeware are able not obligated to continue with communication under any circumstance. Smarthomeware reserve the right to decline communication under any circumstance.
Purchasing Online
When you purchase products online with us, you are agreeing to the terms and conditions below.
Upon purchasing, you are consenting for Smarthomeware to receive payment by your nominated account (credit, debit or paypal). Smarthomeware will receive payment for the exact amount listed with the product.
Service
Smarthomeware reserve the right to decline any online orders that do not pass security clearance. Smarthomeware reserve the right to request further personal information to verify authenticity of online orders.
- Definitions
1) Buyer means the purchaser of the Goods, whose details are set out in the receipt.
2) Goods means the products specified in the receipt.
3) Seller means the ALB international Pty Ltd whose details are set out in the receipt.
- Interpretation
Nothing in these conditions exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.
- Terms of sale
The Goods and all other products sold by Seller are sold on these terms and conditions which shall prevail over all other conditions, to the extent of any inconsistency.
- Payments and Orders
1) The purchase price of the Goods is inclusive of GST, but some other applicable taxes, government charges are to be paid by the Buyer.
2) The Buyer agrees that payments are to be made by cash, direct debit or EFTPOS at the time of purchase and without any deductions, unless otherwise agreed.
3) The Seller reserves the right to charge interest on any amount overdue from the date the amount became due to the date payments is received at the rate of 6% per annum, accruing daily.
- Forward Order
1) The Buyer agrees to purchase and pay for all forward orders as invoiced by Seller.
2) The Buyer agrees to no delays or failure to fulfill any parts of the order shall entitle the Buyer to cancel or vary the order or reduce payment unless agreed by the Seller in writing.
3) The Buyer shall be responsible for any costs or expenses the Seller incurred in handling or holding Goods once they are ready for delivery.
- Sale of by credit
1) Notwithstanding clause 4(b), the Seller may grant credit to the Buyer after approving the credit application submitted by the Buyer.
2) The Buyer irrevocably authorises the Seller or its servants or agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Buyer from time to time including the making of enquiries with persons nominated as trade references, the bankers of the Purchaser, any other credit provider or a credit reporting agency (hereinafter called “the Information Sources”).
3) The Purchaser authorises the Information Sources to disclose to the Company such information concerning the Purchaser which is within their possession and which is required by the Company to the fullest extent permitted by the relevant privacy laws of the territory.
4) The Purchaser agrees that the information provided on any credit application signed by the Purchaser concerning the Purchaser may by disclosed by the Company to a credit reporting agency or any other interested person to the fullest extent permitted by the relevant privacy laws of the territory.
- Delivery
1) The Seller accepts no responsibility or duty for the delivery of the Goods. The Seller may arrange delivery if the parties agree and the cost of delivery is to be borne by the Buyer. Depends on the destination, the Seller will choose a suitable courier company.
2) The Seller will not be liable for any loss, damage or delay occasioned to the Buyer arising from date or non-delivery of the Goods.
3) The Buyer must ensure that a representative is present on delivery to receive and accept the delivery. The Seller may charge for any unsuccessful delivery to cover any reasonable expenses for the rescheduling of delivery.
4) Delivery within Australia.
For some heavy and frangible products, please contact our staff to calculate the accurate shipping fee for you.
1-5 weeks estimated delivery for most products.
Tracking information will be provided for all orders.
5) Kindly note that due to the impact of COVID-19, some of the delivery may be delayed. We sincerely apologize for any inconvenience caused here and appreciate your understanding and patience during the special time.
- Limitation of Liability
1) All goods need to be inspected within 24 hours of receipt. If any damage\shortage, please contact us straight away. We can’t accept damage\shortage claims after this 24-hour period.
2) Quality of Goods supplied are presumed to be received by the Buyer in acceptable condition and the Seller is taken to be discharged from obligations and liabilities in respect of any defects or damage unless the Buyer notifies the Seller in writing.
3) The Seller’s liability for Goods sold are limited to making good any of the following defects, before the Goods are installed, assembled or otherwise used:
- a) Where the defects have arisen solely from faulty materials or workmanship;
- b) accessories of any kind used by the Buyer are manufactured by or approved by Seller;
and the defective parts are promptly returned free of cost to the Seller.
- Consumer Guarantees
The Seller’s liability for a breach of a condition or warranty implied by Section 64A of Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010, is limited to:
1) the replacement of the Goods or the supply of equivalent goods;
2) the repair of the Goods;
3) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
4) the payment of the cost of having the Goods repaired.
- Retention of title
1) The Seller reserves the legal and equitable rights in the Goods until all accounts owed by the Buyer to the Seller are fully paid.
2) Prior to the passing of title, the Buyer:
- a) must hold the Goods as bailee and fiduciary agent of the Seller;
- b) must store the Goods or any part of it separate from its own Goods and those of any other third party so that they are readily identifiable; and
- c) must keep the Goods in good and merchantable quality and fully insure the Goods against loss or damage.
If the Buyer supplies any of the Goods to any person before all moneys payable by the Buyer have been paid to the Seller, the Buyer agrees that:
1) it holds the proceeds of resupply of the Goods on trust, and as agent, for the Seller immediately when they are receivable or are received;
2) it must pay the amount of the proceeds of re-supply to the Seller immediately when they are received or deposit the money into a separate bank or financial institution account separate from the ordinary account; and
If the Buyer fails to pay for the Goods within the period of credit (if any) extended by the Seller to the Buyer, subject to, and in accordance with, the Personal Property Securities Act (Cth) 2009, the Seller may recover possession of the Goods at any site owned, possessed or controlled by the Buyer and the Buyer agrees that the Seller has an irrevocable licence to do so and the Seller shall not be liable for any loss or damage suffered by the Buyer in connection with the retaking of possession of the Goods.
- Returned Goods
1) Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case and the Goods must be in an “as new” and saleable condition free of any damage.
2) Notwithstanding any other provisions, the Buyer shall not return the Goods without the original receipt as proof of purchase.
- Cancellation
No order may be cancelled by the Buyer except with the written consent of the Seller. Any cancellation by the Buyer, gives the Seller the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.
- Dispute Resolution
1) If a dispute arises in any way out of this Agreement, or its breach, termination or validity of the Goods, the parties agree to settle the dispute by mediation before having recourse to litigation.
2) This clause does not apply to disputes involving payment of Goods by the Buyer.
- Force Majeure
Neither the Seller nor the Buyer is liable to one another for any failure to perform the agreement caused by any event that occurred beyond the reasonable control of the parties.
- Jurisdiction
This agreement shall be governed by and construed in accordance with the law of Western Australia. The parties submit to the exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.
- Notice
The Buyer agrees that is shall be deemed to have notice of any changes to the Terms & Conditions notwithstanding where actual notice has been given.
