Terms & Conditions

Our Disclosures

Our complete terms and conditions are detailed below. Here are some important points to know before becoming a customer:

  • We may cancel an order at any time before delivery for any reason. If we do so, we will refund you using the original payment method.
  • You may incur additional costs if you fail to comply with certain provisions in these terms, such as not providing us access to the premises for installation at the agreed times.
  • If you choose to collect your order, we will hold your products for 30 days. If not collected within this time, we may cancel your order, return your products to our inventory, and make them available for sale to other customers.
  • Subject to your Consumer Law Rights, our liability under these terms is limited to the price you paid for the relevant products, and we will not be liable for Consequential Loss.
  • Nothing in these terms limits your rights under the Australian Consumer Law.
  1. Introduction

(a) This website (Site) is operated by AVAIL Australia Pty Ltd T/A AVAIL (ABN 99666552030) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site.

  1. Use of the Site

(a) You accept these Terms by placing an order via the Site. (b) You must not use the Site or place an order unless you are at least 18 years old. (c) When using the Site, you must not do anything unlawful or inappropriate, including:

  • Breaching someone’s privacy by uploading personal information without consent;
  • Defaming, harassing, threatening, or offending anyone;
  • Using the Site for illegal purposes;
  • Interfering with other users;
  • Tampering with or modifying the Site, including transmitting viruses or using trojan horses;
  • Sending unsolicited electronic messages;
  • Using data mining, robots, screen scraping, or similar tools on the Site;
  • Helping a third party to do any of the above acts.
  1. Orders

(a) You may order products from us as set out on the Site. By placing an order, you agree to purchase the product(s) for the listed price (including delivery fees or other applicable charges and taxes). (b) We may accept or reject an order at our discretion. If we reject your order, we will notify you within a reasonable time. Once we accept an order, a binding agreement is formed. (c) It is your responsibility to check the order details before submitting it. (d) After ordering and paying on the Site, and once your payment is validated, we will send you an order confirmation email. (e) If you have purchased installation services, our team will contact you to arrange them. You agree to provide access to the premises and facilities as reasonably necessary. You may incur additional costs if you fail to comply. (f) All purchases are subject to availability. We do our best to keep the Site updated with product availability. (g) If a product is available for back-order or pre-order, this will be indicated on the Site. The expected dispatch date is an approximation, and we are not liable for delays. (h) We may cancel an order before delivery for any reason, including significant delays, inability to supply, or errors on the Site. We will contact you if this happens.

  1. Price and Payments

(a) You must pay the purchase price of each product, plus any applicable delivery costs (the Price), as set out on the Site. All amounts are in Australian dollars, and GST will be set out separately. (b) You must pay the Price upfront using one of the methods listed on the Site. (c) You must not pay, or attempt to pay, using fraudulent or unlawful means. If paying by debit or credit card, you warrant that you are authorized to use it. (d) Payment methods include third-party providers like PayPal or eWAY. We are not responsible for their actions, and additional terms may apply. (e) For orders delivered outside Australia, you may need to pay customs charges or taxes in addition to the Price. (f) We may issue promotional discount codes for certain products. You must enter the code at the time of order to claim the discount. (g) Conditions for promotional discount codes and competitions will be set out on the Site. (h) AVAIL retains ownership of any unit not paid in full. The Best Price Guarantee does not apply to certain agency brands.

  1. Delivery, Title, and Risk

(a) We will deliver products to the address you provide when ordering. We currently deliver to areas listed on the Site. Contact us if you are outside our delivery area. (b) We normally dispatch products within 24 business hours of receiving an order. Delivery periods are estimates. (c) If you choose to collect your order from our warehouse, we will notify you when it's ready. You must collect within 30 days, or we may cancel your order and refund you. (d) If you need to change the delivery day or address, notify us immediately in writing. (e) We use a range of delivery methods. Some deliveries may require a signature. If no one is available to accept delivery, we may leave the products at your premises. (f) Title to the products remains with us until you have paid in full. You must not create any encumbrance over the products until title passes. (g) Risk in the products passes to you upon delivery or collection.

  1. Warranty Against Defects

(a) Our goods come with guarantees under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for reasonably foreseeable loss or damage within warranty. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality. (b) In addition to these rights, we warrant that our products will be free from defects for the period specified in the warranty documentation. (c) A defect includes any fault, error, or issue arising from improper workmanship or materials. (d) To claim the warranty, stop using the product and contact us with photo or video evidence and a description of the defect. If requested, return the product with all packaging, parts, accessories, documentation, and proof of purchase. (e) You will need to cover the cost of returning the product. If the product is covered by our warranty, we will refund these costs. (f) Upon receiving the returned product, we will assess the defect and determine if the claim is valid. (g) If your claim is successful, we will, at our cost, repair or replace the product, or if unable to do so, offer a credit, refund, or compensation. (h) The warranty does not cover defects caused by:

  • Reasonable wear and tear;
  • Acts or omissions by you or third parties not engaged by us;
  • Failure to follow instructions or guidelines;
  • Use of the product for unspecified applications;
  • Continued use after a defect becomes apparent;
  • Incorporation or installation of other items into the product;
  • Failure to notify us of a defect within a reasonable time;
  • Unauthorized alterations or repairs.
  1. Australian Consumer Law

(a) We do not accept returns for change of mind. However, you may have rights under Australian Consumer Law for repair, replacement, or refund. (b) Nothing in these Terms limits your Consumer Law Rights. (c) You will need to cover the costs of returning products to us. If your claim is valid, we will refund your return delivery costs and either dispatch a new or repaired product or refund you. (d) For further information, contact us.

  1. Limitations

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

  • Neither party will be liable for Consequential Loss;
  • Each party’s liability will be reduced proportionately to the extent it was caused by the other party's acts or omissions;
  • Our aggregate liability will be limited to the price paid by you for the relevant products.
  1. Intellectual Property

(a) Any intellectual property developed, adapted, modified, or created by us remains our property. (b) You may use our intellectual property solely for personal use as intended. (c) You must not copy, reproduce, distribute, or create derivative works from our intellectual property without written consent. (d) You may post or repost our intellectual property on social media, provided you:

  • Do not claim ownership;
  • Do not imply endorsement without permission;
  • Do not damage our reputation; and
  • Comply with all other terms.
  1. Content You Upload

(a) We encourage interaction on the Site and social media. You may post relevant content (User Content) on the Site. (b) By posting User Content, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use it. (c) You are solely responsible for your User Content and must ensure it does not infringe on others' rights or violate laws. (d) We do not endorse User Content and may remove it at our discretion.

  1. General

(a) Disputes: Parties must attempt to resolve disputes through mediation before commencing court proceedings. Mediation costs will be shared equally. Urgent injunctive or equitable relief may be sought without mediation. (b) Notices: Notices must be in writing and sent to the provided addresses. They are deemed served 48 hours after posting or upon email transmission. (c) Privacy: We comply with the Australian Privacy Principles and handle personal information per our Privacy Policy. (d) Force Majeure: Neither party is liable for delays or failures caused by AVAILnts beyond their control. The affected party must notify the other and minimize the AVAILnt's impact. (e) Feedback and complaints: Contact us with feedback or complaints


AVAIL GROUP PTY LTD

info@availgroups.com