Terms and conditions
The website https://www.zanui.com.au (the "Website") is owned and operated by
Marlin Management Services 2 Pty Ltd (ABN 83 619 244 398) (t/as and referred as
Zanui, "we", "our", "us" or the "Company").
These Terms and Conditions together
with the documents referred to within the 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.
Access and Use of the Site
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You must only use the Website in accordance with these Terms and Conditions
and any applicable law.
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You must not (or attempt to):
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interfere (or attempt to interfere) or disrupt (or attempt to disrupt)
the Website or the servers or networks that host the Website;
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use (or attempt to use) data mining, robots, screen scraping or similar
data gathering and extraction tools on the Website; or
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interfere (or attempt to interfere) with security-related or other
features of the Website.
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To place Orders and access some features of the Website, you must register
an Account with us. To register an Account, you must:
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give us accurate and current personal information including your name,
address, phone number, and a valid email address.
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you must be at least 18 years old, and have the capacity to enter into a
legally binding agreement with us.
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You are solely responsible for the activity that occurs on your Account
(including Orders placed using your Account), and you must keep your Account
password secure. We are not responsible for any unauthorised activity on
your Account if you fail to keep your Account login information secure. We
may refer fraudulent or abusive or illegal activity to the relevant
authorities.
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You must not use another person’s Account without our, and/or the other
person’s, express permission. If you suspect or become aware of any
unauthorised use of your Account or that your password is no longer secure,
you must notify us immediately and take immediate steps to re-secure your
Account (including by changing your password).
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We do not warrant that the Website will be available at all times and
without disruption and we provide no warranties in relation to the content
of any other website linked to or from our Website.
Information on this Website
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The Website and the content on the Website are subject to copyright, trade
marks and other intellectual property rights. These rights are owned by or
licensed to Zanui.
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You must not reproduce, transmit, communicate, adapt, distribute, sell,
modify or publish or otherwise use any of the material on the Website,
including audio and video excerpts, except as permitted by statute or with
our prior written consent.
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Information about goods on the Website is based on material provided by
third party merchants, suppliers and Product manufacturers. Except as
required by law (including the Australian Consumer Law) we are not
responsible for inaccuracies or errors caused by incorrect information
supplied to us or by these third parties.
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Due to photographic and screen limitations associated with the
representation of Products, some actual Products may differ to a small
extent in visual appearance (for example in colour) from the way they appear
on the Website. In addition, where it is suitable to do so, some depictions
of Products are created or chosen by us for promotional purposes, and may
not be an exact representation of the Products received.
Registration, Order and Cancellation
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When making an order, you must possess a valid credit or debit card and
register for an account on the Website. To place an order, you should follow
the given instructions.
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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.
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You must pay for the Product in full when placing an order by one of the
payment methods we provide on the Website. Please find more details in our
Payment Policy
https://www.zanui.com.au/payment-policy. In
any event, we shall not be bound to accept the order before we have received
the funds in full.
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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.
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When you submit an order to the Website, you agree that you do so subject to
these Terms and Conditions current at the date you submit your Order. You
are responsible for reviewing the latest Terms and Conditions each time you
submit your order.
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Your order remains valid as an offer until we issue our Acknowledgement of
your order. 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, unusually high freight charges). In this case,
we will promptly grant you a store credit or a full refund.
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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.
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If you discover that you have made a mistake with your Order after you have
submitted it to the Website, please contact our Customer Service via the
Help Center. Please note that we cannot guarantee that we will be able to amend your
Order in accordance with your instructions.
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Until the time when we accept your Order, we reserve the right to refuse to
process your Order and you have the right to cancel your Order. We will
notify you if we are unable to If we or you have cancelled your Order before
it has been accepted, we will promptly refund any payment already made by
you to your original payment method.
Delivery
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We aim to dispatch the Product to you within the estimated dispatch
timeframe. You are provided with the estimated dispatch time on the Product
checkout page. We shall aim to notify you if we are unable to meet our
estimated dispatch 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 dispatch or delivery. Please check our Shipping
and Returns Policy
https://www.zanui.com.au/shipping-returns
for further details.
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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.
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Items will be delivered to the address you provided while placing an order.
For Special Freight Items (e.g. bulky furniture), our shipping partner will
contact you directly to agree on an appropriate delivery time.
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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).
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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).
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Alternatively, if you indicate that you would like to give us the authority
to leave the Products at your delivery address in your absence by ticking
the checkbox on the checkout page, we will not be liable for any loss or
damage to the Products if the Products are recorded as delivered by our
shipping partners.
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You may be eligible for freight protection provided your order satisfies all
necessary conditions. Please check our Shipping and Returns Policy
https://www.zanui.com.au/shipping-returns for further details. We reserve
the right to change the eligibility requirements or discontinue the offer of
freight protection at any time.
Change of Mind returns
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We want you to feel confident when buying on Zanui.com.au. Should you change
your mind about a purchase you have made with us, you have the option of
returning the Product within 30 days of having received it and can opt for a
store credit or a refund. Refunds can only be processed back onto the card
where payment was originally taken from.
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Return eligibility:
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We require the returned product(s) to be unused and in the original
packaging. Any items that are not returned to us in the original
packaging and/or in original condition will incur an additional handling
fee (deducted from your refund). This also includes not packing the item
up sufficiently to avoid damage in transit back to us. Please use the
packing material the item was sent with.
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For health and hygiene reasons, the following items are not eligible for
a change of mind return: mattresses, bed linen and pillows.
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Items that were in clearance on the date of purchase are not eligible
for a change of mind return. Items in clearance present a *LAST CALL*
badge.
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Prior to returning your product, please refer to FAQ in relation to Returns
and Replacement in our help centre or
https://help.zanui.com.au/hc/en-gb/categories/201339647-Returns-and-Replacements. If you have further questions, you can contact our Customer Care Team via
the
Help Center. Our specialists will provide you with all relevant guidelines to proceed
with the return (e.g. shipping process).
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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.
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Free return shipping is only available to certain items if you follow our
instructions. Please check our Shipping and Returns Policy
https://www.zanui.com.au/shipping-returns
for further details.
Damaged or faulty returns
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You need to notify Zanui as soon as possible in the unlikely event that your
item arrives damaged or faulty. Please
submit a damage / faulty return request
to our Customer Care Team.
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In order to assist the return process, you may be required to provide
additional information. 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).
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If after the preliminary assessment our specialists assess and approve the
return, our Customer Care Team will contact you to proceed with the return
process. Depending on if it is minor or major defect, Zanui will arrange a
replacement or give you a store credit or rebate of part or all of the
Product price. Please see details in clause 7.
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If after the preliminary assessment our specialists decide that the Product
needs to be sent back for further examination to ascertain if there is a
defect with the Product, our Customer Care Team will contact you to arrange
the return of the Product. You are entitled to recover reasonable postage or
transportation costs if the Product is confirmed to have a defect. Please
keep the receipts of shipping costs. We will arrange the pickup of Special
Freight Items. If the Product is found not to have a defect or deemed out of
warranty, you may be required to pay the transport or inspection costs. An
estimate of these costs will be provided to you before the Product is
collected.
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It does not constitute a defect, if 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.
Warranty claims
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Our Products 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 Products repaired or replaced
if the Products fail to be of acceptable quality and the failure does not
amount to a major failure.
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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 Products, and the breach is in terms of the 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.
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We provide the following express warranties subject to the following terms
and conditions:
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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
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does not match the description on the website except for slight
variations in colour due to the screen settings of your computer or
mobile device;
- is substantially unfit for its intended or disclosed purpose;
- is not of acceptable quality (as defined in the Law);
- is unsafe; or
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if the alleged issue with the Product is such that a reasonable
consumer aware of the issue would not have acquired the Product.
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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.
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Replacement products are subject to the same warranties as the original.
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You must retain your proof of purchase for any manufacturer warranty
claims.
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Refunds will be made back to the payment option you chose with your
original order. This can only be processed back onto the same card that
original payment was taken from.
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In order to obtain these remedies, you must
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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 our Customer Care Team via the
Help Center.
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Except if and to the extent the Law requires otherwise, return the
original Product to us.
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We aim to process refunds and replacements within 30 days of receipt by
us of the original Product.
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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 being rejected, you will pay for
the return freight costs and any inspection costs reasonably incurred.
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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:
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The replacement of the goods or the supply of equivalent goods
- The repair of the goods
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The payment of the cost of replacing the goods or of acquiring
equivalent goods
- The payment of the cost of having the goods repaired
Promotional vouchers and gift vouchers
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You may use promotional vouchers and gift vouchers as payment for certain
Products on the Website. Specific details for promotional vouchers are at
clause 9 and for gift vouchers at clause 10. Please note that,
notwithstanding anything else in these Terms and Conditions, promotional
vouchers and gift vouchers cannot be used as a form of payment on certain
Products. Please refer to the terms and conditions on each voucher for
specific restrictions here.
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For all promotional vouchers and gift vouchers, the following general terms
and conditions will apply:
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We may email gift and promotional vouchers to you. We accept no
Liability for errors in the email address of the voucher recipient;
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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 or
promotional 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.
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We assume no Liability for the loss, theft or illegibility of gift or
promotional vouchers.
Conditions for the redemption of promotional vouchers:
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From time to time we may release promotional vouchers that may be used on
the Website. Promotional vouchers can only be redeemed on the Website in
accordance with the special terms and conditions stated on them.
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Promotional vouchers are valid for the specified period stated on them only,
can only be redeemed once and cannot be used in conjunction with other
offers (including, for the avoidance of doubt, sales, promotions and other
vouchers). Individual brands may be excluded from voucher promotions.
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The credit of a promotional voucher cannot be used to pay for Products from
third parties.
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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.
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The credit of a promotional voucher does not accrue interest nor does it
have a cash value.
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If the credit of a promotional voucher is insufficient for the Order you
wish to make, you may make up the difference through payment by other means
(but not by using another promotional voucher or attempting to rely on any
other offer). Please note that only one promotional voucher can be used per
order.
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Promotional vouchers are applied to invoices as a whole. Accordingly, in
circumstances where multiple Products are purchased using a gift voucher,
and one or more items are returned, the discount is applied on a pro rata
basis to each item for the purpose of establishing refund values.
Conditions for the redemption of gift vouchers:
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You may purchase gift vouchers for use on the Website by you or other
Customers. Gift vouchers will be sent by email. You are responsible for the
use and safety of your gift voucher. We are not responsible for any loss or
damage resulting from gift vouchers used without permission.
- Gift vouchers cannot be used to buy further gift vouchers.
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The credit of a gift voucher does not accrue interest nor does it have a
cash value.
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Gift vouchers are valid until the expiry date stated on them. Any balance
that remains after the expiry date will not be available for use.
- Gift vouchers cannot be redeemed or refunded for cash.
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If you place an Order for a Product less than the value of the gift voucher,
the residual credit can be used for future purchases, but the residual
credit cannot be redeemed for cash.
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If an order made using a gift voucher is cancelled or returned, the portion
of the purchase attributable to the gift voucher will be refunded as a store
credit only.
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For the avoidance of doubt, a reference to a 'gift voucher' in this clause
10 will include any 'store credit vouchers' and 'courtesy vouchers' given to
you by our Customer Service Department.
Credit card fraud, protection and prevention
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When you place an order on Zanui, using one of the payment methods we offer
on the Website, 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 driver licence. This is to ensure a safe and
reliable shopping experience and to protect you against fraud.
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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 payment method account holders
from online fraud. Zanui may take further action against customers
identified to be making fraudulent transactions. Please see more details in
our Payment Policy
https://www.zanui.com.au/payment-policy
Protecting children
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Zanui takes 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 to purchase knives. 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.
Special Offers
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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.
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For all buy one get one free promotions, the free item must be of equal
or lesser value
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Unless otherwise stated, discounts or special offers only apply to the
products advertised.
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For terms and conditions on current promotions, please click
here.
Intellectual property
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All intellectual property rights (including the various rights conferred by
statute, common law and equity in and in relation to copyright, patents,
trademarks, service marks, trade names and/or designs (including the look
and feel and other visual or non-literal elements)) (whether registered or
unregistered) in (a) the Website (b) information content on the Website, (c)
any database operated by us and (d) all the Website design, text and
graphics, software, photos, videos, music, sounds, and their selection and
arrangement, and all software compilations, underlying source code and
software (including applets and scripts) are owned by us or licensed to us.
You shall not, and shall not attempt to, obtain any title to any such
intellectual property rights. All rights are reserved.
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None of the material listed in Clause 14.1 may be reproduced or
redistributed or copied, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, sold, rented or
sub-licensed, used to create derivative works, or in any way exploited
without our prior express written permission. You may, however, retrieve and
display the content of the Website on a computer screen (including any
tablet or smartphone device), store such content in electronic form on disk
(but not on any server or other storage device connected to a network) or
print one copy of such content for your own personal, non-commercial use,
provided you keep intact all and any copyright and proprietary notices. You
may not otherwise reproduce, modify, copy or distribute or use for
commercial purposes any of the materials or content on the Website or
accessed as part of the service without our permission.
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All rights (including goodwill and, where relevant, trade marks) in Zanui
name are owned by us or licensed to us. Other product and company names
mentioned on the Website are the trademarks or registered trademarks of
third parties.
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Title, ownership rights and intellectual property rights in and to the
content accessed using the Website is the property of the applicable content
owner or supplier and may be protected by applicable copyright or other law.
Subject to the limited rights described in Clause 14.2, this Agreement gives
you no rights to such content.
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The authors of the literary and artistic works in the pages in the Website
have asserted their moral rights to be identified as the author of those
works.
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Any material you transmit, post or submit to us either through the Website
or otherwise (Material) shall be considered (and we may treat it as)
non-confidential (subject to our obligations under data protection
legislation). You grant us a royalty-free, perpetual, irrevocable,
non-exclusive licence to use, copy, modify, adapt, translate, publish and
distribute world-wide any Material (other than Ideas).
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All comments, suggestions, ideas, notes, drawings or concepts in which
intellectual property rights subsist: (i) disclosed or offered to us by you;
or (ii) in response to solicitations by us regarding the service or the
Website; (in each foregoing case, these are called Ideas) shall be deemed to
be and shall remain our property and you hereby assign all existing present
and future intellectual property rights in Ideas, to us. You must do all
things reasonably requested by us to assure further the assignment of such
rights. You understand and acknowledge that we have both internal resources
and other external resources, which may have developed or may in the future
develop ideas identical to or similar to Ideas and that we are only willing
to consider Ideas on these terms. In any event, any Ideas are not submitted
in confidence and we assume no obligation, express or implied by considering
it. Without limitation, we shall exclusively own all now known or hereafter
existing rights to the Ideas of every kind and nature throughout the world
and shall be entitled to unrestricted use of the Ideas for any purpose
whatsoever, commercial or otherwise without compensation to the provider of
the Ideas.
Privacy Policy
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Please see our privacy policy
http://www.zanui.com.au/privacy-policy/
Limited liability
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This clause prevails over all other clauses and to the extent permitted by
law, and states our entire Liability, and your sole and exclusive remedies,
for:
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the performance, non-performance, purported performance or delay in
performance of these Terms and Conditions; or
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otherwise in relation to these Terms and Conditions or the entering into
or performance of these Terms and Conditions.
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Nothing in these Terms and Conditions excludes or limits your statutory
rights as a consumer or our Liability for:
- fraud;
- death or personal injury caused by our Breach of Duty;
- any breach of the obligations implied by law; or
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any other Liability which cannot be excluded or limited by applicable
law.
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In performing any obligation under these Terms and Conditions, our only duty
is to exercise reasonable care and skill.
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Subject to clause 16.3:
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we do not warrant and we exclude all Liability in respect of the
accuracy, completeness, fitness for purpose or legality of any
information accessed using the Website; and we exclude all Liability of
any kind for the transmission or the reception of or the failure to
transmit or to receive any material of whatever nature; and
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you should not rely on any information accessed using the Website to
make a purchasing decision – you should make your own enquiries before
forming your own opinion and taking any action based on any such
information.
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we do not accept and hereby exclude any Liability for Breach of Duty
other than any such Liability arising pursuant to the provisions of
these Terms and Conditions.
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to the extent permitted by law in no event shall we, our affiliates and
related entities or our suppliers be liable for lost profits or any
special, incidental or consequential damages arising out of or in
connection with the Website, our services or this Agreement.
Indemnity
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You indemnify and hold us and our related entities, affiliates, and our and
their respective officers, agents, and employees, harmless from and against
any and all claims, demands, proceedings, losses and damages (actual,
special and consequential) of every kind and nature, known and unknown,
including reasonable legal fees, made by any third party due to or arising
out of your breach of this Agreement or your violation of any law or the
rights of a third party.
General
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No partnership/agency: Nothing in this Agreement shall be construed to
create a joint venture, partnership or agency relationship between you and
us and neither party shall have the right or authority to incur any
Liability debt or cost or enter into any contracts or other arrangements in
the name of or on behalf of the other.
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Entire agreement: This Agreement contains all the terms agreed between the
parties regarding its subject matter and supersedes and excludes any prior
agreement, understanding or arrangement between the parties, whether oral or
in writing. No representation, undertaking or promise shall be taken to have
been given or be implied from anything said or written in negotiations
between the parties prior to this Agreement except as expressly stated in
this Agreement. However, the service and Products are provided to you under
our operating rules, policies, and procedures as published from time to time
on the Site.
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Assignment: You may not assign or delegate or otherwise deal with all or any
of your rights or obligations under this Agreement. We shall have the right
to assign or otherwise delegate all or any of our rights or obligations
under this Agreement to any person.
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Force majeure: We shall not be liable for any breach of our obligations
under this Agreement where we are hindered or prevented from carrying out
our obligations by any cause outside our reasonable control, including by
lightning, fire, flood, extremely severe weather, strike, lock-out, labour
dispute, act of God, war, riot, civil commotion, malicious damage, failure
of any telecommunications or computer system, compliance with any law,
accident (or by any damage caused by any of such events).
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No waiver: No waiver by us of any default of yours under this Agreement
shall operate or be construed as a waiver by us of any future defaults,
whether of a like or different character. No granting of time or other
forbearance or indulgence by us to you shall in any way release, discharge
or otherwise affect your Liability under this Agreement.
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Notices: Unless otherwise stated within this Agreement, notices to be given
to either party shall be in writing and shall be delivered by electronic
mail at the email address you supplied to us or to us at our registered
office.
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Third party rights: All provisions of this Agreement apply equally to and
are for the benefit of Zanui, its subsidiaries, any holding companies of
Zanui, its (or their) affiliates and its (or their) third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf (save that this Agreement may
be varied or rescinded without the consent of those parties).
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Survival: The provisions of clauses that either are expressed to survive its
expiry or termination or from their nature or context it is contemplated
that they are to survive such.
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Severability: If any provision of this Agreement is held to be unlawful,
invalid or unenforceable, that provision shall be deemed severed and where
capable the validity and enforceability of the remaining provisions of this
agreement shall not be affected.
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Governing law: This Agreement (and all non-contractual relationships between
you and us) shall be governed by and construed in accordance with the law of
New South Wales and both parties hereby submit to the exclusive jurisdiction
of the courts of New South Wales.
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Mediation and dispute resolution: in the event of any dispute under this
Agreement the parties agree to negotiate in good faith to resolve the
dispute. Any dispute or difference whatsoever arising out of or in
connection with this Agreement which cannot be resolved by the parties shall
be submitted to mediation in accordance with, and subject to, The Institute
of Arbitrators and Mediators Australia Mediation and Conciliation Rules.
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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.
Definition and Interpretation
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In these Terms and Conditions: Account means the account
that you register in order to submit an Order;
Acknowledgement means our confirmation of your Order
(typically sent by email); Agreement means these terms and
conditions and other policies we posted on the Website, including but not
limited Shipping and Returns Policy, Privacy Policy, Payment Policy and
other associated policies published by us from time to time;
Breach of Duty means the breach of any
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obligation arising from the express or implied terms of a contract to
take reasonable care or exercise reasonable skill in the performance of
the contract; or
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common law duty to take reasonable care or exercise reasonable skill
(but not any stricter duty).
Business Day means any day other than a Saturday,
Sunday, bank holiday or public holiday in New South Wales;
Company includes representatives, subsidiaries, affiliates,
related parties, officers, directors, employees, agents, partners, and
independent contractors; Customer means the individual who
places an Order on the Website; GST means the Goods and
Services Tax; Liability means liability in or for breach of
contract, Breach of Duty, misrepresentation, restitution or any other cause
of action whatsoever relating to or arising under or in connection with
these Terms and Conditions, including, without limitation, liability
expressly provided for under these Terms and Conditions or arising by reason
of the invalidity or unenforceability of any term of these Terms and
Conditions (and for the purposes of this definition, all references to these
Terms and Conditions shall be deemed to include any collateral contract)
Order means the order submitted by you to the Website to
purchase products from us. Product(s) means the products to
be sold to Customers via the Website in accordance with this agreement;
Special Freight Items means bulky and fragile furniture
Products that are shipped by our shipping partners using a two men delivery
service subject to the Shipping and Returns Policy
http://www.zanui.com.au/shipping-returns/; You means the
Customer who places an Order.
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Interpretation
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Headings are for ease of reference only and shall not affect the
interpretation or construction of this Agreement.
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Words imparting the singular shall include the plural and vice versa.
Words imparting a gender shall include every gender and references to
persons shall include an individual, company, corporation, firm or
partnership.
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Words denoting persons includes natural persons, partnerships, limited
Liability partnerships, bodies corporate and unincorporated associations
of persons.
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References to includes or including or like words or expressions shall
mean without limitation.
These Terms and Conditions were last updated on 18 November 2019.