Terms and Conditions
- 1. Introduction
- 2. Registration, Order and Cancellation
- 3. Delivery
- 4. Change of mind
- 5. Damaged or faulty returns
6. Warranty claims
- 7. Newsletter Subscription
- 8. Vouchers
- 9. Conditions for the redemption of promotional vouchers
- 10. Conditions for the redemption of gift vouchers
- 11. Credit Card Fraud, Protection and Prevention
- 12. Protecting children
- 13. General
- 14. Amendment
- 15. United Cellars Offfer
- 16. Zanui Summer Giveaway
- 17. Special Offers
The website http://www.zanui.com.au (the "website") is owned and operated by Internet Services Australia 3 Pty Ltd (ABN 71 152 631 171) (t/as and referred as Zanui "we", "our", "us" or the "Company") of Suite 12, Level 12, 37 Bligh Street Sydney, NSW 2000. The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders.
In its operation of the website, Zanui offers products for sale in its own right and on behalf of third party sellers. When you place an order with Zanui, the products may be supplied to you by us or by a third party seller and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the respective supplier. Where the products are supplied by a third party, they have agreed to be bound by these terms and conditions of sale and any reference to ‘we’ ‘our’ or ‘us’ applies to that supplier.
In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
- “Customer” means the individual who places an Order on the website
- “You” means the Customer who places an Order
- “Order” means the order submitted by you on the website to purchase a Product
- “Product(s)” means the supplier’s products to be sold to Customers via the website in accordance with this agreement
- “Account” means the account that you will need to register in order to submit an Order
- “Acknowledgement” means our confirmation of your Order (typically sent by email)
- “Business Day” means any day other than a Saturday, Sunday, bank holiday or public holiday in New South Wales
These Terms and Conditions are our copyrighted intellectual property. Use by third parties – even of extracts – for the commercial purposes of offering goods and/or services– is not permitted. Infringements may be subject to legal action.
2. Registration, Order and Cancellation
When making an order, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the website. To place the order you should follow the given instructions.
Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the website) the charges you must pay including GST, if applicable, and any applicable delivery charges. Unless otherwise stipulated on the website, all charges are in the currency then in force in Australia.
You shall pay for the Product in full when placing the order by supplying us with your credit or debit card details or by Paypal. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.
You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the website, you agree that you do so subject to the prevailing Terms and Conditions.
We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered. Zanui reserves the right to decline any order, for any reason (e.g., unavailability of supplies). In this case, we will promptly grant you a store credit or a full refund.
Zanui works closely with its suppliers to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
We know how important it is to you that you receive your product as soon as possible after purchasing it from Zanui. For those items that are in stock, we aim to deliver regular parcels within 7 business days and special freight items (e.g. furniture) within 15-21 business days from the date you place your orders. We decide to provide free shipping on our own discretion. For those products that are made to order, or are not currently in stock, please see the estimated availability date for each product.
We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Once you add items to your cart, you will be asked to enter your postcode in order to appropriately calculate the shipping cost. Cost of delivery may depend on your location as well as weight and length dimensions of the product.
Items will be delivered to the address you provided while placing an order. For special freight items (e.g. furniture), our shipping partner will contact you directly to agree on an appropriate delivery time.
If, for any reason, our shipping partner cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from our shipping partner (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, Zanui reserves the right to charge you for any additional costs incurred (e.g. shipping and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus shipping costs or storage costs.
Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).
4. Change of mind
We want you to feel perfectly confident when buying on Zanui.com.au. Therefore, we give you the option to return any unopened, unused item in its original packaging, that you bought from us for any reason within 30 days of receiving the item.
Prior to returning your product, please either send an email to firstname.lastname@example.org or call our customer service centre on (1300 688 317). In both cases, our specialists will provide you with all relevant guidelines to proceed with the return (e.g. shipping process). Please do not attempt to return any goods before speaking to our team, otherwise you may be responsible for shipping costs.
You may also be required to fill in a return form provided by us in order to proceed with the return process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less the inbound and outbound shipping costs.
Please note that in case you are buying through our marketplace platform (buying directly from a supplier through our website), our supplier will contact you directly to handle the return. In case you are unable to reach an agreement with the supplier, we kindly ask you to contact Zanui on 1300 688 317 so we can assist you as much as possible. You will be notified on the final product page if your product is being sold through one of our marketplace providers.
5. Damaged or faulty returns
You have 30 days to notify Zanui in the unlikely event that your item arrives damaged or faulty. Please send an email to email@example.com (after which one of ours specialists will contact you), or directly call our customer service centre on (1300 688 317).
You may be required to fill in a return form and to send us images of the damage for further assessment. Once assessed and approved by our specialists, our customer service centre will contact you to proceed with the return process. Zanui will arrange a replacement or give you a store credit for the full sale price. Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so.
We will not refund or replace a product where in our reasonable opinion the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care. In this case, you will be responsible for return freight costs.
Please note that in case you are buying through our marketplace platform (buying directly from a supplier through our website), our supplier will contact you directly to handle the return. In case you are unable to reach an agreement with the supplier, we kindly ask you to contact Zanui on 1300 688 317 so we can assist you as much as possible.
6. Warranty claims
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement of your preference. In all other cases, a breach of such warranty will give rise to a refund or replacement at our preference.
We provide the following express warranties subject to the following terms and conditions:
- We will refund, give store credit or replace the product as the case may be in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund, a store credit or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law, require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Replacement products are subject to the same warranties as the original.
- You must retain your proof of purchase for any manufacturer warranty claims.
- Refunds will be issued by direct deposit, cheque or PayPal at our discretion.
In order to obtain these remedies:
- You must notify us within a reasonable time from supply of the goods. In this context, a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us at firstname.lastname@example.org or call our customer service centre (1300 668 317).
- Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
We aim to process refunds and replacements within 30 days of receipt by us of the original product.
We will not refund or replace a product where in our reasonable opinion the product has following the sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care. In case of return rejection you will cover return freight costs.
Where any law implies a warranty into this agreement, which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
- The replacement of the goods or the supply of equivalent goods
- The repair of the goods
- The payment of the cost of replacing the goods or of acquiring equivalent goods
- The payment of the cost of having the goods repaired
7. Newsletter Subscription
Your personal data is safe with us. It will never be disclosed to any third parties or sold. You can unsubscribe anytime. The welcome voucher provided within the subscription confirmation email is valid for one use. The voucher excludes electronics, appliances and sale items. The voucher is not applied to shipping costs unless otherwise stated. Welcome vouchers expire within two (2) weeks of the subscription confirmation email being sent.
You may use promotional vouchers and gift vouchers as payment for products on the website. To redeem vouchers to your account or check an existing credit, please visit "My User account" on the website.
We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient.
If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the website, we are entitled to close your account and/or require a different means of payment.
We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
9. Conditions for the redemption of promotional vouchers
Promotional vouchers are valid for the specified period only, and they can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions.
- If you place an order for a product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
- The credit of a promotional voucher does not accrue interest nor does it have a cash value.
- If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through payment.
10. Conditions for the redemption of gift vouchers
- You may purchase gift vouchers for use on the website by you or other Customers. These gift vouchers will be sent by email.
- Gift vouchers cannot be used to buy more gift vouchers.
- An order for a gift voucher can be cancelled by contacting us on 1300 668 317 at any time before the gift voucher has been redeemed.
A voucher is considered to have been redeemed if it is used as payment in placing an order.
- If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment.
- You may use as many gift vouchers as you wish in paying for an order, and gift vouchers may be used in conjunction with one promotional voucher per order.
11. Credit Card Fraud, Protection and Prevention
When you place an Order on Zanui, by either a Credit Card or PayPal, you may be sent an email from our Fraud Team requesting further information to confirm the identity of the card holder, such as a copy of your credit card and drivers license. This is to ensure a safe and reliable shopping experience and to protect you against fraud.
When Zanui requests further information to confirm the identity of the cardholder, your order will be placed in pending status and will remain pending until your order has passed our Fraud Team's internal checks. If you do not provide the required information, your order will be cancelled and your payment will be refunded back to the original payment method. These information requests are sent to help protect credit card and paypal account holders from online fraud. Zanui may take further action against customers identified to be making fraudulent transactions.
12. Protecting children
Zanui and its Brands take special care to protect the safety and privacy of children. Our web site is a general audience site. We do not sell knives to anyone less than 18 years of age. If you are under the age of eighteen (18) years you must not place orders for knives with Zanui. By placing a purchase for a knife, you warrant that you are over the age of 18 and are legally entitled to purchase and possess the products in your jurisdiction.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Australian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Australian Courts.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.
15. United Cellars Offer
The United Cellars Australia (UCA) wine credit is a once only $100 guaranteed saving on the RRP (recommended retail price). It is not $100 off the United Cellars price, or $100 worth of free wine, and is only redeemable against a selection of wine determined by United Cellars. Offer can only be claimed by Australian residents aged 18 and over. The Riedel Ouverture Magnum twin pack is redeemable with the $100 guaranteed saving only upon a successful purchase as per UCA terms & conditions and where the $100 guaranteed saving has been applied to that purchase. This wine credit can be only be applied to a 6 or 12 bottle case, is redeemable in one amount, is not transferable and is valid for 12 months from the date of registration. A maximum of 1 (single) United Cellars credit per customer applies. This offer cannot be used in conjunction with any other offer. Customers should note that the RRP may exceed the price at which the same wine is otherwise available through United Cellars. If in doubt, customers should check the RRP against current United Cellars pricing before accepting this offer. Redemption of the offer is restricted to persons over the age of 18 years and is subject to the standard terms and conditions of United Cellars. United Cellars recommends that you enjoy wine responsibly and do not drink and drive. This offer is made by United Cellars Australia PTY LTD only. Clarifications to these terms and conditions were made on the 17th January 2013: dry zone areas are excluded from United Cellars' Australia only delivery. The wording of "The Riedel Ouverture Magnum twin pack is redeemable with the $100 guaranteed saving only" has been clarified and replaced with "The Riedel Ouverture Magnum twin pack is redeemable with the $100 guaranteed saving only upon a successful purchase as per UCA terms & conditions and where the $100 guaranteed saving has been applied to that purchase.".
16. Zanui Summer Giveaway
The competition is open to Australian residents aged 18 years and over and only delivered within Australia (dry zone areas excluded). It commences on December 10, 2012 at 8am and closes January 4, 2013 at 12pm (AEST time). First prize is one (1) Beefeater Bugg 2 Burner BBQ and Trolley, Graphite valued at $599.00. Second prize is one (1) $250.00 Zanui Gift Voucher (excludes electronics, appliances and sale items) valued at $250.00. Third prize is one (1) Xbox 360 4GB Console valued at $199.00. Only one prize per winner permitted. The prizes are not redeemable for cash or store credit. The prizes are not transferrable. The competition will be drawn on January 4, 2013 at 12pm at Zanui Level 3 60-64 Reservoir Street, Surry Hills NSW 2010. The winners will drawn by a random computer generation of 3 email addresses that have subscribed to the Zanui newsletter. Entrants must be subscribed with a valid email address at the time of the draw to be included. Existing newsletter subscribers will be included. Zanui reserves the right to send all active subscribers offers and promotions. Subscribers may unsubscribe at any time. The winner will be notified by email by 5pm January 4, 2013, and will need to reply in order to claim the prize. If the winner does not respond by February 4, 2013, the individual forfeits their right to claim the prize and another email address will be chosen. The winner’s name may be published on the Zanui Facebook page. The prizes will be free shipped within two (2) weeks of the competition closing. Zanui, Internet Services 3. ABN 71 152 631 171. Level 3 60-64 Reservoir Street, Surry Hills NSW 2010.
The Promoter reserves the right, at any time, to verify the validity of claims and claimants (including a claimant’s identity, age and place of residence) and to disqualify any claimant who submits a claim that is not in accordance with these Terms and Conditions or who tampers with the claim process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize. Entrants’ personal information will be collected by the Promoter to enable it to administer the Promotion and publicise its winner(s). Persons may contact the Promoter by post at the address stated to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information the Promoter may determine that they are not eligible to win a prize. Each winner consents to the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of them) in any media at any time or times without notice or remuneration for the purpose of promoting this Competition, the Promoter, and/or any of the Promoter’s products.
17. Special Offers
Unless otherwise specified, all special offers fall under the following terms and conditions. Promotions with free items offered will exclude shipping costs. Free items may arrive separately from the primary purchase. For all buy one get one free promotions, the free item must be of equal or lesser value. Unless otherwise stated, discounts or special offers only apply to the products advertised.