Terms and conditions

(a) This website (Site) is operated by Philips Saeco Australia Pty Limited (ABN 87 124 670 917) (we, our or us). It is available at: [insert domain name] and may be available through other addresses or channels.

(b) These terms and conditions form the agreement between you, the consumer accessing the Site (you or your) and us. By accessing and/or using the Site you:

(1) warrant to us that you have reviewed these terms and conditions, including our Website Terms of Use [L1] [SA2] (available on the Site) (Terms) and you have read our Privacy Policy (available here www.philips.com/a-w/privacy-notice), with your parent or legal guardian (if you are under 18 years old);

(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

(3) agree to use the Site in accordance with the Terms.

(c) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old. If you are a parent or legal guardian permitting a person who is under 18 years old (a Minor) to use the Site including to create an account on the Site, you agree to: (i) supervise the Minor’s use of the Site; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

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(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history and save your details for future purchases. You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy and applicable privacy laws.

(b) When you make a purchase, you will be asked to input basic contact information such as your name, shipping address, billing address and payment details and if you choose to create an account, you will choose a username and password. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.

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(a) You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b) We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

(e) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, an order ID, the delivery and billing addresses and a description of what was ordered.

(f) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old.

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(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). We display delivery costs separately from the product price.  

(b) You must pay the Price using one of the methods set out on the Site’s gateway payment system, currently WorldPay. For products which are available at the time of your order, you must pay the Price upfront, either by one-off payment at the time you place your order or on layby terms, as set out on the Site. Only once the Price has been paid in full will your products be dispatched to you. 

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of third party fraud or mistake, all payments made are final.  If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d) If we offer payment via a third party payment processor, such as WorldPay, the payment will be subject to WorldPay’s terms and conditions (available via: www.fisglobal.com/en/merchant-solutions-worldpay/worldpay-privacy-policy). You agree that you have read, agree to and will comply with WorldPay’s terms and conditions. 

(e) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

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(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products. 

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit. Any delivery costs you have paid for the products will be refunded to you.

(c) You acknowledge and agree that any refund provided for cancellation will be handled by our third party payment processor, WorldPay, and may not be processed immediately. We will have no liability, and you release and discharge us from all liability, arising from any delay in the processing of any refund you are entitled to receive for a cancelled order.

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(a) If possible, we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company dost not deliver to your area). 

(b) Delivery costs are set out on the Site.

(c) We normally dispatch products within one working day of receiving an order, unless otherwise noted on the Site. Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company. We will have no liability, and you release and discharge us from all liability, arising from any delay in delivery of the products. 

(d) We may deliver the products using a range of delivery methods such as Australia Post or Star Track. You may need to sign for some deliveries.  If neither you nor your authorised representative is at the delivery address to accept delivery, the delivery company will generally deliver the products to your nearest post office.

(e) Title to the products will remain with us until you have paid us the Price in full in accordance with the Terms. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Once risk in the products passes, you will be solely responsible for them.

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Change of mind returns

(a) We offer refunds of products for change of mind where we determine (at our absolute discretion):

(1) you have provided the proof of purchase and the product was delivered to you no more than 30 days prior to the request for an exchange or refund;

(2) you have requested, and been issued with, a Return Merchandise Authorise (RMA) number and return instructions from Philips;

(3) the products are in their original condition and have not been used, damaged, tampered with, washed, altered, connected, installed or attempted to be connected or installed, as applicable;

(4) the products are in their original undamaged packaging with all product tags still intact; and

(5) the products are not sale items, custom-made, special buy products or gift vouchers.

(b) We will cover the costs of delivery or re-delivery for a change of mind return on orders over $100. You must cover the costs of delivery or re-delivery for a change of mind return on any orders under or equal to $100. Any original shipping or delivery costs are non-refundable. 

(c) You acknowledge and agree that any refund for returned products is handled by our third party payment processor, WorldPay, and may not be processed immediately. We will have no liability, and you release and discharge us from all liability, arising from any delay in the processing of any refund you are entitled to receive for returned products.

(d) We reserve the right to reject any products that are not returned in accordance with the provisions set out above.

Australian Consumer Law

(e) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(f) Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(g) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

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(a) In addition to any other rights you may have under the Australian Consumer Law we warrant to you that the product we supply to you will be free from Defects for 2year from the date of shipment, provided the product has been subject to proper use and maintenance (Warranty). 

(b) What is a defect? Our Warranty applies to any fault, error or defects in the products caused by us (Defect and Defective). 

(c) What do you need to do to claim the Warranty? Any Warranty for the products shall be made during the warranty period and on the condition that Philips receives written notice of the Defect within ten (10) days from you discovering the Defect and, if required, the product or the Defective parts being returned to an address or location stated by Philips or otherwise to the business address included at the end of this document. Such Defective parts or products shall be the property of Philips right after their replacement.

(d) Where you return a product as part of a Defect claim you must cover the associated costs of returning the product to us.

(e) What will we do if you make a successful claim under our Warranty? We will, at our own cost:

(1) repair or replace the product (the decision of whether to repair or replace is at our sole discretion); or

(2) if we are unable to repair or replace the product, we will offer you a choice of a credit, refund or compensation as applicable to the Defect.

(f) Damage Not covered by our Warranty Our Warranty does not apply to any defects resulting from:

(1) improper or unsuitable maintenance or configuration by you;

(2) software, interfaces or supplies provided by you or third parties;

(3) use, operation, modification or maintenance of the products not in accordance with the product instructions for use or other written instructions of Philips;

(4) abuse, negligence, accident, loss;

(5) damage in transit;

(6) unauthorised maintenance or modification to the products, including unauthorised hardware and software connection.

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(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You must not, without our prior written consent:

(1) copy or use, in whole or in part, any of our intellectual property; 

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering, unlocking, arranging, adapting, correcting errors, translating, reverse engineering, decompiling, disassembling or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

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(a) Despite anything to the contrary, but subject to your statutory rights under the Australian Consumer Law, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim; and

(2) we will not be liable to you for any special, indirect, incidental or consequential loss or damage, including but not limited to loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:

(1) loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the products; or 

(3) breach of the Terms or any law, where caused or contributed to by any: 

(4) event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) You are solely responsible for determining the suitability of our products for your circumstances and, to the maximum extent permitted by law, we will not be responsible or liable for any lack of suitability or fitness for your particular use of our products.

(d) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including any other implied warranties or guarantees at law to the extent they may be lawfully excluded by contract, and except to the extent such warranties and conditions are fully expressed in these Terms.

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(a) We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in our Privacy Policy (available here www.philips.com/a-w/privacy-notice).

(b) We may disclose that information to third party service providers who help us deliver our services (including our delivery company, inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators or third party payment processors, and our business partners) or as required by law. If you do not provide this information, we may not be able to provide our products to you.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. 

(c) Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 

(d) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy and applicable privacy laws, including but not limited to the Privacy Act 1988 (Cth).

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