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Scandia Group Terms and Conditions of Sale and Website Terms of Use
These Terms and Conditions apply to the use of this Website and the purchase of Goods from us. In using this Website and dealing with us for the purchase of Goods, you agree to be bound by these Terms and Conditions, which constitute a legally binding contract. If you do not accept these Terms and Conditions, you must refrain from using the Website or purchasing Goods through it.
1. Definitions
In these Terms and Conditions: 1.1 “Goods” means goods that you purchase from us through our Website; 1.2 “We”, “us” and “our” are references to one or more of the following Scandia Group of companies, Scandia Group Pty Ltd, Scandia Heating (Aust) Pty Ltd and Kalora Pty Ltd, and (the particular entity selling particular Goods depending on the Goods themselves); 1.3 “Website” means each and any of our websites located at www.scandiastoves.com.au / www.scandiacooling.com.au and www.wooshka.net.au as well as any other URLs that we may have registered and may in future register and use for the purpose of linking to the website, and unless the context requires otherwise includes any related Goods and services; and 1.4 “You” and “your” are references to you as a purchaser of our Goods / our customer and/or user of the Website.
2. Your legal rights
2.1 Your purchase of Goods will be subject to certain laws including the Australian Consumer Law, which provides you with certain rights that cannot be excluded, including that Goods must be of acceptable quality, be reasonably fit for the purpose that we represent they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read as excluding or modifying any warranty, guarantee, right or remedy implied by law, which cannot by law be excluded, restricted or modified.
3. Registration and access
3.1 In order to purchase Goods from us through our Website, you will need to register as a user and follow the instructions for placing an order on the Website. Purchasing is only available to individuals and others who meet our eligibility requirements. 3.2 Upon registration we may collect information such as your name, address, email address and mobile phone number. You agree to provide accurate and complete information and to keep this information (as well as any credit card or other payment information) updated when interacting with us. We will treat this information in accordance with our privacy policy [insert link] 3.3 You may not use another member or user’s account without their permission. 3.4 You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately. 3.5 We may stop (temporarily or permanently) providing access to the Website to you or visitors/ users generally, at our discretion and without prior notice. 3.6 If and to the extent we consider necessary, including if you make or seek to make purchases of a high value, you authorise us to perform credit checks, to transmit or obtain information about you from third parties, including credit providers, to authenticate your identity and/or to authorise individual transactions.
4. Product depiction and information
4.1 We endeavour to represent Goods for sale as accurately as possible on the Website, however due to technical limitations of photography and visual representation, we cannot guarantee that Goods listed for sale appearing at the Website will always look exactly the same when received (including in respect of colour). There may also be minor differences or discrepancies in specifications or other product details between the Goods as advertised and the items you receive. 4.2 While we make reasonable efforts to supply correct and accurate information about Goods listed for sale at the Website, the information about Goods is often based on information provided by our suppliers and product manufacturers, some of which we have no means to verify. Where an error appears in the description of Goods for sale and on the basis of the representation you have made a purchase that you would not have made had the error not appeared, we will provide a refund where required at law to do so, or otherwise where in our discretion we determine to do so. 4.3 If and to the extent we provide a feature of the Website or service enabling you to register your details for notification of arrival of a specific product, we will endeavour but do not guarantee to notify you of that product’s availability within 48 hours of it becoming available.
5. Purchasing Procedure
5.1 The promotion and listing of Goods on the Website does not constitute an offer to sell or guarantee the availability of the particular Goods. It is an invitation to treat only and we reserve the right to accept or reject your purchase request for any reason including but not limited to stock shortages. Orders placed by you via the Website are offers to purchase Goods at the prices listed (plus delivery charges) and pursuant to these Terms and Conditions. You acknowledge that all Goods that you order are intended for personal, domestic, non-commercial use only. We may reject orders for commercial quantities of Goods. 5.2 If you place an order for someone to receive the Goods other than you, you must obtain their consent before providing us with their personal information and by placing an order with us, you confirm that you have done so. 5.3 You must ensure that you enter all information carefully when placing an order. You warrant that all information provided by you in relation to each order is complete, true and accurate. Except to the extent otherwise required by law, we will not be liable to you or any other person for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being inaccurate or incomplete. 5.4 Where you place separate orders for Goods, the Goods will be delivered separately and will incur a separate delivery unless our website notifies you otherwise. 5.5 All prices listed on the Website are listed in Australian Dollars (AUD $). Prices are current at time of display but are subject to change. Pricing information including tax and duty calculated for your shipping destination is available at the Website, with taxes and duties for your destination being set out on the order summary page. 5.6 Unless we agree otherwise (in our absolute discretion) you may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. 5.7 Once your order has been accepted, you will receive an order confirmation via email. Please check this confirmation. 5.8 Payment must be affected in the manner described on the Website (VISA, MasterCard and any other method indicated such as PayPal) and must be received in full prior to dispatch of Goods by us. If paying with a credit card, there may be additional charges imposed by your credit card provider. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit or other payment card does not match the name on the order, we may refuse to accept it or ask you to provide additional information or proof of identity. By providing your credit card or other means of payment you authorise us to deduct the price and the applicable delivery charges from such cards or means. 5.9 We may decline or be unable to accept payment from you by your nominated method for reasons including where our fraud detection systems detect possible irregularities, where your credit card has expired, or your financial institution has declined payment. 5.10 Goods you have ordered will not be dispatched to you until your payment for them has cleared. If your payment is not received or declined by your bank or credit card issuer, we cannot hold Goods against your order. You warrant that there will be sufficient funds or credit facilities to cover the order amount. We reserve the right to obtain validation of your payment details before dispatching Goods. 5.11 You acknowledge that despite our reasonable precautions, Goods may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of Goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question. You also acknowledge that due to inherent limitations of the internet, at times the facility to place orders may become unavailable, your order may not be received or may be lost or misdirected or may be delayed. 5.12 When you submit an order, you will receive an email with your order reference number. We will process payment for your order when you place it. Your order is deemed to be accepted by us when we do this, however, we may, in some circumstances cancel you order after acceptance, in which case we will refund the purchase price.
6. Cancellation of orders
6.1 We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Reasons for doing so could include where our suppliers have not supplied Goods that they agreed to supply, where there is force majeure event (such as a fire storm, pandemic, earthquake, terrorist attack), or where Goods are subject to an error on the Website. In addition, we may cancel an Order where you have requested us to do so and we agree to same (in our absolute discretion). 6.2 You may cancel an order for Goods where we have breached a material term of these terms and conditions or where we are unable to deliver your order within a reasonable time of the estimate delivery time listed on the Website for the selected delivery option, other than where the delay was caused in whole or part by you or was outside our control. 6.3 If an order is cancelled we will send you an email notifying you of the cancellation. If payment has already been processed we will refund any money paid in respect of that Order. 6.4 Except if and to the extent required at law or as expressly set out in these terms and conditions, we will not be liable to you or any other person for any loss, damage, cost or expense incurred as a result of the cancellation of your order.
7. Delivery / Collection of Goods
7.1 When placing an order for Goods you will be asked to select one of the available delivery options. Delivery charges are dependent on what the items are and where the order is to be delivered. These will be calculated and you will be advised of their amount before you finalise and submit your order. 7.2 Goods will only be delivered to Australian addresses. 7.3 If there is a change to the delivery date for an order, we will require a minimum 24 hours’ notice prior to delivery. 7.4 If the person named on the order confirmation is not at the delivery address to receive the order, we will endeavour to contact the named customer to obtain their consent and acknowledgment that any person at the delivery address who receives the Goods is authorised by the named customer to receive the order. If we cannot contact the named owner or if no authorised person is present to accept delivery, we may charge a re-delivery fee. 7.5 We endeavour but do not guarantee to dispatch Goods within the timeframes set out on the Website. This applies only to items that are listed as being in stock. These anticipated time frames do not apply in respect of custom orders, unless we advise otherwise. Delivery timeframes listed at the Website are estimates only, to be used as a guide. 7.6 If a delivery is delayed due to circumstances beyond our reasonable control, we will (to the extent that we become aware of such delay) contact you to let you know and take any reasonable steps we can to minimise the effect of the delay. We will not be liable for delays caused by circumstances beyond our reasonable control. 7.7 We may require a signature for any Goods delivered. In such circumstances, if you order Goods for another recipient (e.g. as a gift) we are entitled to accept evidence of their signature as evidence of delivery. 7.8 While we insure each purchase during the time it is in transit from us to your delivery address, to the extent permissible and except as set out hereunder, we disclaim liability for loss, damage or theft of items once they leave us if caused by third party interference or Goods being misdirected. 7.9 Some Goods may be picked up from one of our outlets. Where you wish to do this you will need to select this option when you place your order. Only the person named on the order confirmation may collect the goods in-store, unless we agree otherwise. If you choose to collect your order in-store, once we have confirmed that the order is available for collection you may pick up the order during the business hours of your nominated collection store. We may require you to provide photo identification and check your signature against the signature on any credit or other payment card used to purchase the Goods. We reserve the right to allocate Goods that are not collected within 28 days of the date of your order to another customer and reorder the Goods for you.
8. Returns, refunds, exchanges, damaged or faulty Goods
8.1 Please check Goods that you receive thoroughly as soon as received and ensure that the Goods correspond with what you ordered, that all components and parts you have ordered are included and are not damaged. You may not be entitled to any refund or exchange just because any of the packaging is damaged in transit. The packaging exists to protect the contents. 8.2 Where permitted, returns and exchanges can be facilitated through our customer service centre through email [[email protected]] or through the facility provided at the Website. You must not attempt to return any Goods before having so communicated with us. Where we accept such returns, you agree to follow any directions regarding postage and packing in relation to the item in question. When returning goods you must use your best endeavours to include all out-of-the-box accessories included with the original purchase. We may require proof of purchase. 8.3 Goods can only be returned if defective or if otherwise required by law, but in any case, not for change of mind reasons, unless we, in our absolute discretion, agree otherwise. 8.4 Subject to clause 8.2 where your Goods arrive damaged through delivery please notify us within 5 days of receipt. We may require you to complete a return form and provide us with photographs of the damage for our further assessment. We will liaise with you to discuss the return process for damage that we believe was caused during delivery. 8.5 Where you claim Goods are defective, unless the law requires us to do otherwise in the circumstances, we will at our election arrange a replacement, give you a store credit for the purchase price or give you a refund. 8.6 We will be under no obligation to replace Goods or provide a refund where the Goods have become of unacceptable quality due to circumstances such as misuse, failure to use in accordance with the manufacturer’s reasonable instructions, using the Goods in an abnormal way or failing to reasonably care for the Goods. 8.7 Where we are obliged to refund payment pursuant to these terms and conditions, we aim to initiate your refund within 7 business days. If we are obliged to provide a partial refund only, we will only refund the component f the delivery charge relating to the Goods which are subject to the refund. Except to the extent otherwise required by law, we will not be liable to you or any other person, for any loss, damage cost or expense suffered as a result of any delay in you receiving any refund due to you.
9. Risk and title
9.1 From the time of delivery items delivered to you are your responsibility and liability. Risk in the Goods passes to you on the earlier of: (a) Actual or constructive delivery of the Goods to you; (b) Collection of the Goods from us or our bailee or agent by you or your agent, carrier or courier. 9.2 Ownership of and title to the Goods does not pass to you until we receive payment in full for the Goods.
10. Your use of the Website
10.1 You are provided with access to and are authorised to download material contained on this Website only for your personal, non-commercial use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots or other extraction tools or metatag or mirror the Website without our prior written permission. 10.2 You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer or other device to the risk of viruses, malicious computer code or other forms of interference which may damage your equipment. We do not accept responsibility for any interference or damage to your equipment which arises in connection with your use of this Website or any linked website. 10.3 When you click on a website of or access details of Goods, your browser may automatically direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the functionality or safety of those sites. 10.4 You must not use this Website, in breach of any laws or regulations or to transmit unsolicited emails/spam or to defame, abuse, harass, threaten or otherwise harm any person.
11. Warranties and Disclaimers
11.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or 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. 11.2 In addition to the rights, protections and remedies afforded at law, you are entitled to the warranties that are described and referred to in any warranty documentation supplied with the Goods. 11.3 To the extent permissible at law this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind other than those prescribed under by law. You accept that is provided or relayed by us is general information and is not in the nature of advice and is not guaranteed to be error-free. 11.4 To the extent permissible at law, we exclude liability for any loss, damage or injury however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website, or any other linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website. Without limiting the foregoing, to the extent permissible at law we exclude liability in respect of: (a) mistakes or inaccuracies on the Website; (b) any unauthorised access to or use of secure servers and/or personal information and/or financial information stored on those servers; (c) bugs, viruses, Trojan horses or other harmful code which may be transmitted to or through our Website by a third party; or (d) any interruption or cessation of transmission from our Website; 11.5 If the Goods being supplied are not of a type ordinarily acquired for personal, domestic or household use or consumption, then to the extent permitted by law, we limit our liability for failure to comply with the statutory guarantees under the Australian Consumer Law to, at our option: (a) The replacement of the Goods or the supply of equivalent Goods; (b) The repair of the Goods; (c) The payment of the cost of replacing the Goods or of acquiring equivalent goods; or (d) The payment of the cost of having the Goods repaired. 11.6 To the extent permissible at law, any representation, condition or warranty which would otherwise be implied into these Terms and Conditions or otherwise in connection with the sale of Goods by us is hereby excluded. Without limiting the foregoing, to the extent permissible at law we disclaim all warranties regarding title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability and the remedies available to you will be limited to the extent permissible at law. 11.7 Installation of the Goods is not included as part of the delivery service. We assume no responsibility for the installation, assembly or use of any Goods ordered through the Website. 11.8 To the extent permissible at law, in no circumstance will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including loss of profits, revenue, production, goodwill, data or opportunity, or any physical injury) of any nature arising through or as a result of your use of the Website or any Goods purchased through it. 11.9 We do not make any representations or warranties that your access to the Website will be uninterrupted, timely, secure or error free.
12. Links and advertisements
12.1 This Website may contain links to other websites, including but not limited to those of manufacturers of products (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. 12.2 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated or implied to the contrary. 12.3 Responsibility for the content of advertisements appearing on this Website rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.
13. Intellectual property rights
13.1 “Scandia”, “Kalora” and “Wooshka”, including any logo version of each such trade mark, is our trade mark or used by us exclusively under licence and may not be used by you without our prior written consent. 13.2 Copyright in this Website is owned by us. Except as expressly authorised under such legislation, by these Terms and Conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Website. 13.3 If you provide us with any material or content (which may include text, data, files, images, photographs and audiovisual material) (“User Content”) for inclusion on the Website or for inclusion in or reproduction on any product, you grant us a royalty-free licence to use and reproduce that content on the Website or product as the case may be. We shall not be obliged to use, display or retain any User Content so supplied on the Website. You warrant that all such User Content will not infringe any third party’s intellectual property or other rights. 13.4 We do not claim copyright or ownership of other intellectual property rights in respect of third-party content (including trademarks and logos of third parties) appearing on the Website, which remain the proprietary rights of the respective third parties concerned.
14. User content
14.1 From time to time we may include functionality for users to upload User Content to or make comments or other postings on the Website. If you avail yourself of these facilities, you must not: (a) upload, post, transmit or otherwise make available on the Website any content that: (i) is defamatory; (ii) promotes, encourages or provides information about unlawful conduct or activities; (iii) infringes any third party’s intellectual property rights or breaches confidentiality; (iv) includes a photograph or other likeness, or personal information of another person without their consent; (v) contains pornography, nudity, sexual acts or references; (vi) incites hatred or discrimination against any person or group of persons; (vii) contains any unsolicited or unauthorised advertising or promotional material; (viii) misrepresents your relationship with any person; (ix) is misleading, false or deceptive (whether by representations or omissions); or (x) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Website. 14.2 We reserve the right to remove any User Content that you may post at any time without notice to you.
15. Indemnity
15.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Website and any breach by you of these Terms and Conditions.
16. Privacy Policy
16.1 We may collect some personal information from you. We will do this and use this information only in accordance with our privacy policy. 16.2 Personal information which we collect may be aggregated for analysis but in such circumstances, we would ensure that individuals would remain anonymous. 16.3 All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
17. Breach of Terms and Conditions / Termination of Access
17.1 In addition to any other right of termination in these Terms and Conditions, either party may terminate this agreement upon the occurrence of any of the following events: (a) Failure by the other party to perform any obligation hereunder where such failure is not rectified within 30 days of notice from the terminating party requesting rectification; or (b) Any insolvency event occurs in respect of the other party. 17.2 Termination does not affect existing rights of the parties. 17.3 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these Terms and Conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Website, preventing computers using your IP Address from accessing the Website, and contacting your internet service provider to request that your access to the Website be blocked. 17.4 Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Website (whether temporarily or permanently) at any time by us without notice. We will not be liable to you for doing so. 17.5 Those of the Terms and Conditions that are capable of surviving termination will survive any such termination.
18. Waiver, Severance and Assignment
18.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches. 18.2 If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these Terms and Conditions and will not affect the validity of the remaining provisions. 18.3 In the event that we merge, sell or otherwise change control of our business or company or this Website, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under this Agreement.
19. Governing Law
19.1 These Terms and Conditions are governed by the laws in force in Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.
20. Force majeure
20.1 We shall not be liable for any delay in performance of our obligations under this agreement if the delay is caused by circumstances beyond our reasonable control.
21. Amendments to Terms and Conditions
21.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing. 21.2 We reserve the right to vary or amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended. Date of last update: November 2020