Terms and Conditions for E-Commerce Sales

We offer you the opportunity to buy and receive Products from us through the Website on the following terms and conditions (Terms of Sale):

1. Orders

a. For each Product listed in your Checkout Summary, your order is an offer from you to Universal Fans to buy that Product from us. A contract for the supply of the Product from us to you will be formed once your payment has been processed and we have sent you an email order confirmation.

b. On the purchase of Products from us, you enter into a contract with us under these Terms of Sale in respect of those Products purchased.

c. We are responsible for dispatching the Products to you under these Terms of Sale. Please see our Shipping Policy for more details.

d. All accepted orders of Products supersede all previous quotes/estimates that may have been provided to you.

e. We reserve the right to limit the quantity of Products purchased by you.

 

2. Information about Products

a. 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.

b. Each Product has specific installation and maintenance instructions (Product Instructions).

c. It is important that you read the Product Instructions carefully before installing a Product and comply with the maintenance instructions in order to gain maximum value from these products.

d. Where Product Instructions require a qualified expert installer (Qualified Expert) to install a Product you must ensure that the Qualified Expert installs the Product failing which:

i. any warranty associated with the Product will be voided and you will not be able to rely on such warranty; and

ii. any right to return the Product under our Returns Policy will be voided.

 

3. Pricing and Payment

a. You must pay for all online purchases at the time of online checkout prior to order fulfilment in accordance with one of the payment methods offered on the Website. If you nominate to make payment via direct Bank Transfer, your order will not be fulfilled until the funds have cleared in our account. Where we cannot fulfil an order, a refund will be provided under clause 8.

b. The prices of Products, and any delivery or other charges, shown are in Australian dollars, inclusive of GST.

4. Delivery

a. Where a Product is being delivered, delivery options are listed on our Website. The option selected by you, and where applicable cost of delivery, will be shown in your Checkout Summary. We will use reasonable endeavours to deliver Products within the time frame shown.

b. You should be notified via email once your Products have been dispatched.

c. If the Product has not been dispatched within a reasonable time (depending on the nature of the Product and the delivery address), please contact us so that we may:

i. update you with the latest delivery schedule or estimate; or

ii. help you find an alternative product suitable for your needs; or

iii. cancel your order for that Product and provide you with a credit or refund.

d. We are unable to accept liability for delay in delivering Products which are beyond our reasonable control.

e. You must ensure there is clear and safe access for us to deliver your Product.

f. On check out we require you to provide authorisation for us to leave the Product at the delivery premises if an  authorised person is not present to accept In this instance you must ensure that there is a safe space for our delivery contractor to leave the Product.. If the delivery contractor arrives at the agreed time but is unable to deliver the Product or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later.

g. Some Products may require extra equipment or personnel for delivery which will incur an additional charge which will be disclosed to you before you submit your order.

h. Clauses 4 d to g apply to delivery of Products within Australia. Where you order Products that require delivery from overseas then a different process will be followed.

i. Your obligations on delivery of a Product to you:

i. Our Returns Policy sets out details about your obligations when you receive Products from us. Please ensure you read this policy carefully together with any other information which we provide you upon the order and/or delivery of the Product in order to ensure that your rights under the Product warranty and/or our Returns Policy are not voided.

ii. In order to assist us in resolving any problems you may experience, please inspect the Product upon taking delivery and report any shortage, discrepancy, defect, wrong specification or similar problem to us as soon as you become aware of it. Please do not open any boxes unless you are sure you have received the correct items.

5. Title and risk

Title and risk of loss or damage to Products purchased by you will pass to you upon delivery of the Product to you.

6. Warranties and Liability

iii. All Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for 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.

iv. Manufacturer Warranties: Products may contain warranty documents on or inside the packaging provided by the manufacturer or distributor of the Product. Unless clearly expressed otherwise, any such warranty is not given by us. We suggest your review the warranty terms included with the Product prior to purchase and if you require further details visit the manufacturer’s website.

v. Our Warranties: Our warranties to you can be found here

vi. Some of our products may be sold ‘as is’ and we will not accept Product returns on these items. We will advise you when we sell products under ‘as is’ terms.

vii. All other warranties are excluded, except those which are non-excludable in law, including the Australian Consumer Law. Subject to the Australian Consumer Law, where Products supplied are not of a kind ordinarily acquired for personal, domestic and household use, Universal Fans liability to you is limited to refunding the price, replacing or repairing the relevant Products (at Universal Fans’ option).

7. Order Cancellation

a. We may cancel any order (in full or part) where:

i. we reasonably suspect that you are purchasing the Product/s for the purposes of resale or resupply (other than where you are a builder or tradesperson and you are resupplying the goods to your customers in the course of that trade);

ii. we become aware after order confirmation that the Product/s is out of stock;

iii. there has been a genuine pricing or Product description error;

iv. you exhibit abusive or threatening behaviour to any of our staff, be it verbal, written or implied; or

v. where the transaction is suspected of being the subject of credit card or payment-related fraud, or any other criminal activity.

vi. We will refund any amount already paid in respect of any cancelled order. In the case of part cancellation of an order, a refund will be provided on the amount paid that relates to the cancelled portion of the order.

8. Refunds and Returns

a. Our Returns policy can be found at here.

b. Where you wish to return a Product that is not subject to a warranty obligation under clause 6 and/or which is not faulty, we have the absolute discretion to determine whether we accept the return of the Product (Discretionary Product Return). In the event of an accepted Discretionary Product Return we may supply you with a store credit instead of a refund. Any store credit so provided must be used within 12 months of the issue date of the credit.

9. Privacy

We collect your personal information to allow us to supply you with Products and services. You can read more about how we handle your personal information (including marketing and any disclosure to third parties) in our Privacy Policy. By providing us with your personal information you agree to this policy.

10. Dispute Resolution

If you have a complaint, dispute or any other feedback relating to a Product purchased from us, you may submit your complaint via our contact form and we will investigate and respond to your complaint.

 11. Inconsistency

These Terms of Sale, together with, our policies available on the Website, apply to the exclusion of all other terms and conditions. In the event of any inconsistency between those documents, these Online Retail Terms and Conditions will take precedence to the extent necessary to resolve that inconsistency.

12. Definitions

Australian Consumer Law means the national law guaranteeing consumer rights when buying goods and services in Australia.

Checkout Summary means the summary of your purchase of Product/s presented to you prior to confirmation of your purchase on the Website;

Product means any goods and services available for purchase from us on the Website

Website: means the Universal Fans website available at www.universalfans.com.au

Us, We means Universal Fans Pty Ltd