Terms and Conditions of Sale
In these Terms and Conditions of Sale (“Conditions of Sale“), “we” or “us” means 2nds Appliances ABN 41 769 069 467 and “you” means the person, organisation or entity that purchased the products or related services from us.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone.
We may sell some products under agency agreements. Prices for these products are set by the manufacturers and we cannot adjust them. These include (without limitation) products from the following brands: Asko, Miele, Weber, Falcon, and Speed Queen & more. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Conditions of Sale to the extent of any inconsistency. Please click the relevant brand to see the terms and conditions of sale agency brands: Asko, V-ZUG, Falcon, and Miele.
- Orders
1.1 You may place an order with us over the telephone or 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.
1.2 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 or before you place your telephone order.
1.3 We will let you have an “order reference number” via a confirmation email or over the phone once your checkout process or phone order 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 let you have an order reference number. Please keep your order reference number safely.
1.4 Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Sale will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Sale 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 Conditions of Sale.
- Availability
2.1 We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.
2.2 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
3.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. Subject to clause 8.6, 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.
3.2 We accept payment by American Express, VISA, MasterCard, PayPal, Zip Pay, Zip Money and Afterpay.
3.3 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Stripe’s E-commerce 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.
3.4 We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction including, but not limited to, the use of 3D Secure.
3.5 If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process or inform our sales or Customer Service Team when placing your phone order. Products purchased with a gift voucher cannot be returned in exchange for cash. Use of a gift voucher is subject to our Gift Voucher Terms and Conditions.
3.6 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 our Customer Service Team.
3.7 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
4.1 We offer delivery for all orders Monday to Saturday within our delivery areas. If you are not eligible for free delivery, a delivery fee may apply, but you’ll know about it before you buy. We deliver to most areas in mainland Australia. Please refer to our Delivery Service page to check that you are in our delivery area. If you are not in our delivery area please contact our Customer Service Team to discuss delivery options.
4.2 You may provide a preferred date for delivery and we will do our best to arrange delivery on that date. However, some delivery areas have set delivery days. If we cannot deliver on your preferred day we will contact you as soon as possible.
4.3 If you need to change a delivery date or the delivery address, please contact our Customer Service Team 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.
4.4 If you would like next business day delivery of the product, you will need to place your order by midnight (in your state) on the previous business day. The product must also be in stock and, you must be in our next day delivery area as indicated on our Delivery Service page. Free next-day delivery cut-off times/days may be impacted in high-volume periods, such as sales.
4.5 Subject to this clause 4, we will deliver to the delivery address specified by you when you placed your order on the agreed delivery date.
4.6 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 – our driver will need to see a photo ID of the person who placed the order or that person’s representative, and they will keep a record of that ID. 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.
4.7 We cannot commit to an exact delivery time on the day of delivery. Your driver will contact you before 11am on the delivery morning, to give you a 2-hour delivery window. Then they’ll contact you again approximately 30 minutes before delivery. We usually deliver during business hours, but in some selected zones we deliver as early as 6:30am and as late as 7pm.
- Free Connections for Refrigerators, Washing Machines and Microwaves
5.1 We offer free connection for refrigerators, washing machines (excluding washing machine pedestals) and microwaves unless one or more circumstances identified in clause 5.3 applies. We offer this service in the following areas: Sydney, Newcastle and Wollongong.
5.2 Connection may only be carried out, where applicable, to an existing standard domestic appliance situated within one metre of a water connection and within reach of an existing 10 amp socket for the appliance’s lead. Included in the connection will be the removal of transit brackets.
5.3 Our delivery team will be unable to connect your new appliance if:
(a) the old machine is not disconnected from existing plumbing and electrical supplies;
(b) any electrical or plumbing supplies supplied by you are considered unsuitable;
(c) any water supply needed cannot be isolated or is considered unsuitable by our delivery team;
(d) any drainage/waste facilities needed are unsuitable;
(e) mechanical adjustments are required to the appliance(s) to overcome such things as water pressure problems;
(f) alterations to existing plumbing and electrical connections are required; or
(g) gas installations, connections and/or disconnections are required as these must be performed by a licensed plumber.
- Disposal and Removal of Products
6.1 If the delivery address is in Sydney, Newcastle or Wollongong you can request that our delivery team dispose of your old product for free. Old products being removed must be similar to the new delivered product. This must be done at the delivery location of your order.
6.2 All products for removal and disposal must be disconnected from all water, electrical and gas supplies by you or your contractor in advance of the products being removed and in the case of other assembled goods, these products must be disassembled. All gas disconnections must have been performed by a licensed plumber. You agree that removed goods are deemed to have zero value and become our property. We may dispose of them as we see fit.
- Title and Risk
7.1 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 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.
7.2 You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
- Warranties and Limitation of Liabilities
8.1 Nothing in these Conditions of Sale 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.”
8.2 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 our Customer Service Team. Please refer to clause 10 if you need to arrange for returning the goods to us.
8.3 Subject to this clause 8, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
(b) we will not be liable for any normal wear and tear, mattresses out of box, 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 Conditions of Sale (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 Conditions of Sale, 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 Conditions of Sale.
8.5 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.
8.6 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.
- Computer hardware and software – special conditions
9.1 All software provided with our products or sold separately to you is subject to the terms and conditions of the licence agreement relating to that software. You acknowledge your obligation to comply with the terms of such licence agreements.
9.2 All rights, title or interest in respect of the intellectual property rights in the software remain with us or the licensor of the software.
- Returns and Exchanges
10.1 If you believe your product is eligible for a refund refer to our Refund and Returns Policy in conjunction with clause 8, then contact our Customer Service team on 02 4607 7626 to arrange for return. Subject to any applicable laws that cannot be excluded including respect to clause 8, certain products may not be able to be returned if they are out of box, this includes, without limitation, mattresses.
10.2 You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. 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.
- Repair of Products
11.1 If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data. User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.
11.2 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
- Force Majeure
12.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale 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
13.1 These Conditions of Sale 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.
13.2 We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
13.3 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.
13.4 You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
13.5 Any notice in connection with these Conditions of Sale 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.
13.6 If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
13.7 Please refer to our Privacy Policy to see how we collect, use and protect your personal information.
13.8 Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.
13.9 These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
Contact us
If you need to contact us for any reason, please do so using the contact details below:
Customer Service Team
Telephone: 02 4607 7626
