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1. ABOUT THE CLEARANCE SALE EVENT
1.1. Electrolux will undertake the Clearance Sale Event for the purpose of enabling customers to purchase certain sale products directly from Electrolux which are available for purchase only at the Clearance Site (Sale Products).
1.2. The Sale Products will comprise Refurbished Products and Clearance Products (each a Product Category), and each as described further below in these Terms & Conditions.
1.3. Electrolux will in its absolute discretion:1.3.1. determine which products will be offered for sale at the Clearance Sale Event; and;
1.3.2. allocate a Product Category to each product offered for sale at the Clearance Sale Event.
1.4. Electrolux will have no obligation to offer, and does not guarantee the:1.4.1. offer any particular quantities of Sale Products at the Clearance Sale Event; or
1.4.2. offer any particular quantities of a Product Category at the Clearance Sale Event.
1.5. Only those Refurbished Products on display and marked for sale at the Clearance Site will be available for purchase at the Clearance Sale Event. For Clearance Products only those products which are on display or stored at the Clearance Event will be available for purchase at the Clearance Sale Event. For the avoidance of doubt the Clearance Sale Event will not extend to any other products of the same models which are not located at and available for sale at the Clearance Sales Event. -
2. PRODUCT CATEGORIES
What is a Refurbished Product?
2.1. A "Refurbished Product" is a product that:
2.1.1. is not a new product; and
2.1.2. may have previously been sold and/or used; and
2.1.3. has been returned to Electrolux; and
2.1.4. has undergone an inspection and repair process by or on behalf of Electrolux which has resulted in that appliance being in an operational state for its intended application; and
2.1.5. may also have some cosmetic damage or defects, notwithstanding its refurbishment; and;
2.1.6. has been assessed by Electrolux into two different grades of quality, being A grade Refurbished Product and B grade Refurbished Product (as described in Annexure A to these Terms & Conditions) depending on the nature of the refurbishment and/or the resulting cosmetic state of the product; and
2.1.7. is identified as a Refurbished Product by way of a ticket placed on the product at the Clearance Site; and
2.1.8. by reason of its history and refurbishment is subject to a different and shorter manufacturers warranty than applies to an equivalent new product (an example of the manufacturers warranties which applies to A grade Refurbished Product and B grade Refurbished Product are contained in Annexure B to these Terms & Conditions).
Purchase of Refurbished Products2.2. The Customer acknowledges and agrees that by purchasing a Refurbished Product:
2.2.1. the product is not a new product;
2.2.2. the state and expected operating lifespan of the product will not be the same or as extensive as a new product of the same type or model; and
2.2.3. each of the matters referred to in clauses 2.2.1 and 2.2.2 will have a bearing on the acceptable quality of the product; and
2.2.4. the product will have a reduced operational lifespan compared to a new product being for:
2.2.4.1. AEG brand A Grade products, 7 years;
2.2.4.2. AEG brand B Grade products, 5 years;
2.2.4.3. Non-AEG brand A Grade products, 6 years;
2.2.4.4. Non-AEG brand B Grade products, 4 years; and
2.2.5. it is the Customer’s responsibility to assess whether the product meets the Customer's needs and its intended purpose, having regard to the nature and condition of the product and the matters disclosed to the Customer about the product referred to in clause 2.1 of these Terms & Conditions.
What is a Clearance Product?2.3. A ‘Clearance Product’ is a product that:
2.3.1. is a new product; and
2.3.2. is offered for a discounted price having regard to its Recommended Retail Price; and
2.3.3. irrespective of its discounted price is subject to the same manufacturers warranty as applies to an equivalent new product.2.4. The Customer acknowledges and agrees that by purchasing a Clearance Product the reduced price paid for it will have a bearing on the acceptable quality of the product.
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3. PARTICIPATION IN THE CLEARANCE SALES EVENT
3.1. Customers wishing to participate in the Clearance Sales Event and to purchase a Sales Product, must attend the Clearance Site.
3.2. Customers may register with Electrolux:(a) online prior to the date of the Clearance Sales Event at https://www.electrolux.com.au/clearance-sale/; or
(b) at the Clearance Site on the date of the Clearance Sales Event.
3.3. When registering the Customer must provide Electrolux with the following complete and accurate details (Customer Details) as part of the registration process for the Clearance Sales Event:3.3.1. Customer's name,
3.3.2. Customer's email address; and
3.3.3. a contact phone number.
3.4. Electrolux may request verification of the Customer Details and reserves the right to refuse a Customer's registration if the Customer Details cannot be verified or are false or misleading.
3.5. If Electrolux rejects the Customer's registration, it will inform the Customer of that rejection.
3.6. By participating in the Clearance Sales Event and purchasing a Sales Product the Customer agrees to be bound by these Terms & Conditions, a copy of which is available online as part of the registration process referred to in clause 3.2 and is available with each Sales Product. -
4. STATUTORY GUARANTEES
4.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). The Customer is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure. 'Acceptable quality' and 'major failure' have the same meaning as referred to in the ACL.
4.2. Nothing in these Terms & Conditions is, or is intended to affect the obligations of Electrolux under the Australian Consumer Law or the rights of the Customer under the Australian Consumer Law. -
5. EXCHANGE AND RETURN OF PRODUCTS FOR CHANGE OF MIND
5.1. The Customer agrees and acknowledges that Electrolux will not accept the return of any Sale Products solely because the Customer changes its mind about the Sale Products after their purchase.
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6. PRICE AND PAYMENT
6.1. If the Customer wishes to purchase a Sale Product at the Clearance Sales Event, the Customer must identify the specific Sale Product the Customer wishes to purchase to an Electrolux representative present at the Clearance Sale Event for that purpose and make full payment of the Price for that Sale Product at the Clearance Sales Event (Payment).
6.2. The price payable by the Customer to Electrolux for a Sale Product at the Clearance Sales Event will be the price labelled or otherwise marked on, or for, the relevant Sale Product at the Sales Event and will include GST (Price).
6.3. In the event that delivery of a Sale Product is required in accordance with clause 8 the Customer agrees that the relevant cost of delivery will be added to the Price and must be paid to Electrolux at the time of purchase. -
7. TITLE AND RISK
7.1. Title to a Sale Product purchased by the Customer transfers to the Customer on the date Electrolux receives full payment for that Sale Product.
7.2. Notwithstanding clause 7.1 above, all risk in respect of the Sale Product passes to the Customer on:7.2.1. the receipt of payment for the Sale Product where the Sale Product is collected by the Customer at the Clearance Sale Event; or
7.2.2. when the Sale Product is delivered to or otherwise enters into the possession or control of the Customer.
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8. DELIVERY
8.1. This clause 8 applies if:
8.1.1. Electrolux determines that the size and nature of the Sale Product means that for safety and operational reasons the Sale Product must be delivered by or on behalf of Electrolux to the Customer at the Customer’s nominated premises (for the avoidance of doubt delivery will be mandated for all Sale Products weighing 20 kg or more); or
8.1.2. the Customer requires the Sale Product to be delivered to its nominated premises by or on behalf of Electrolux.
8.2. The Customer acknowledges and agrees that the expected delivery date and the cost of delivery of a Sales Product may differ depending on the location to which the Sales Product is to be delivered and that delivery of the Sale Products to a location outside the metropolitan areas in which the Clearance Site is located will incur a greater delivery cost and will be subject to delivery schedules applying to those areas which may not be as frequent as delivery times for metropolitan areas.
8.3. Subject to clause 8.2, Electrolux will endeavour to deliver the Sale Products at the time or times required by the Customer (Delivery Date). Subject to clause 12, if Electrolux is unable to deliver the Products by the Delivery Date for reasons outside its control, it will use reasonable commercial endeavours to do so within a reasonable time after the Delivery Date. If, for reasons caused or contributed to by the Customer, Electrolux is to deliver the Product at an alternative time other than the Delivery Date, then Electrolux will charge, and the Customer will pay, an additional $60 redelivery fee.
8.4. Electrolux’s delivery obligation is discharged at the time the Products arrive at the Customer's nominated delivery destination or as otherwise agreed between the parties. -
9. INSTALLATION
9.1. Should a Customer require installation of a Sale Product this will be required to be organised separately by the Customer either through specialist installation company representatives available at the Clearance Site on the day of the Clearance Sale Event or through another installer of the Customer’s choice. The cost of installation is not included in the Price.
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10. PRIVACY
10.1. The Customer agrees and acknowledges that Electrolux may collect personal information (including name, address, telephone contact and personal information) and credit information about the Customer in accordance with its Privacy Policy, which is available on Electrolux's website or on request to Electrolux (Privacy Policy) and the Privacy Act 1988 (Cth).
10.2. The Customer agrees to receive promotions and direct marketing materials from Electrolux and selected third parties.
10.3. Electrolux may disclose personal information to its related companies and to organisations which provide services (including delivery services) to Electrolux or which assist Electrolux in providing services (including repair and warranty services) to its customers.
10.4. The Customer warrants to Electrolux that it consents to the collection, use and disclosure of their personal information and credit information by Electrolux in accordance with this clause 10 and the Privacy Policy, which can be found at https://www.electrolux.com.au/privacy/. -
11. GOVERNING LAW
These terms and conditions are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.
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12. FORCE MAJEURE
Electrolux will not be held liable for failure to comply with these Terms & Conditions to the extent that Electrolux’s performance is prevented or delayed because of circumstances outside of Electrolux’s reasonable control. This includes but is not limited to unforeseen events such as strikes, breakdown of machinery, adverse non-foreseeable weather conditions, epidemics, pandemics , acts of God, warfare, terrorism or action of government or a port authority.
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13. COMPLAINTS AND WARRANTY ENQUIRIES
To notify Electrolux of any complaint please contact: The Privacy Officer, Electrolux Home Products Pty Ltd, Locked Bag 5017, South Sydney Business Centre, Alexandria, NSW 2015. To make any warranty claims please call 1300 307 939
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14. GST
14.1. In these Terms & Conditions, the expressions "GST, "tax invoice" and "taxable supply" have the meanings given to those expressions in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
14.2. With the exception of any amount payable under this clause 13, unless otherwise expressly stated, all amounts stated to be payable by the Customer under the Agreement are exclusive of GST.
14.3. Where GST is imposed on any supply made under or in accordance with the Agreement, the Customer must pay to Electrolux an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount must be made at the same time as payment for the taxable supply, subject to Electrolux providing a tax invoice.
