| Philips’ Disclosures: The complete terms and conditions are contained below, but some important points for you to know before you purchase the Products are set out below: Nothing in these terms limit your rights under the Australian Consumer Law. |
(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: https://www.philips.com.au and may be available through other addresses or channels. (b) These terms and conditions form the agreement between you, the consumer placing an order for products through the Site (you or your) and us. You accept these terms and conditions (Terms) by placing an order via the Site. (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 all information submitted to us by the Minor is accurate; and (iv) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
(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 responsible for all activity on your account, including purchases made using your account details.
(a) You may order products from us as set out on the Site. If you place an order for products on our Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees 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. If we need to reject your order, we will endeavour to notify you at the time of the order or within a reasonable time after your order is placed. (c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with these Terms. (d) It is your responsibility to check the order details, including selected products, delivery details 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. (g) If a product is available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site. We may display the date that the product is expected to be available for dispatch to you. These dates are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.
(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, you acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party 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.
(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.
(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. You acknowledge and agree that Philips cannot guarantee delivery by a certain date. (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.
Change of mind returns (a) We offer refunds of products for change of mind provided that: (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 we determine (acting reasonably) 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 (Consumer Law Rights). 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.
(a) 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. (b) 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). (c) What is a defect? Our Warranty applies to any fault, error or defects in the products caused by us (Defect and Defective). (d) 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, along with a photo and description of the Defect, within ten (10) days from you discovering the Defect., If we ask you to, you must return to us the product or the Defective parts together with all packaging, parts, accessories, documentation and proof of purchase, 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 immediately following their replacement. (e) Where you return a product as part of a Defect claim you must cover the associated costs of returning the product to us and where we find the product is covered by our Defect we will refund the associated costs of you returning the product to us. (f) 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. (g) 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.
(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us. (b) We authorise you to use Our Intellectual Property solely for your own personal, (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.
non-commercial use, and in the manner in which it was intended to be used.
(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law: (1) each party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that party to mitigate its losses; (2) 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; (3) neither party will be liability to the other 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) 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.
This clause 10 will survive the termination or expiry of these Terms.
(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).
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). (b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. (c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated. (d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties. (e) Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by any event or circumstance which is beyond a party’s reasonable control (Force Majeure Event), provided the party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. (g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions. (h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. (i) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order. (j) Governing law: These Terms are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site. For any questions and notices, please contact us at: Philips Saeco Australia Pty Limited (ABN 87 124 670 917) Address: 65 Epping Road, North Ryde, NSW 2113, Australia Phone Number: 1300 363 391 To find are latest up dated contact details : www.philips.com.au/c-w/consumer-support/support-contact-page Last update: 8 November 2023
(f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
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