Appliance Giant Terms & Conditions

By submitting an order for purchase of a Good using the Website’s functionality (Purchase Order) you represent and confirm that you:
(a) have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(b) are authorised to use the debit or credit card included in your order.
Submitting a Purchase Order constitutes your intention and offer to enter into a contract, where we will provide you with the Goods you have ordered in exchange for your payment of the total amount listed upon checkout. A contract is not formed until we have approved your order and you receive an email from us confirming that your order is being processed.

(a) (Payment obligations) Unless otherwise agreed in writing:
(i) if Appliance Giant issues an invoice to you, payment must be made by the time specified in such invoice;
(ii) in all other circumstances, you must pay for all Goods on or prior to Appliance Giant dispatching the Goods for delivery;
(iii) deposits are non-refundable and cannot be exchanged for credit, and
(iv) you must not set off any money alleged to be owing by Appliance Giant against money due by you to Appliance Giant.
(b) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by Appliance Giant, you must pay the GST subject to Appliance Giant providing a tax invoice.
(c) (Card surcharges) Appliance Giant reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(d) (Online payment partner) We may use third-party payment providers, including Stripe.com (Payment Providers) to collect payments for Goods. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(a) (Pricing) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(b) (Description, Specification & Image) In the event that we discover an error or inaccuracy in the product descriptions, specifications and/or images at which your order was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of changing the model(SKU) purchased, or cancel your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

(a) (Delivery) For Goods to be delivered, Appliance Giant may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Appliance Giant.

(b) (Shipping) All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(c) (Accepting delivery) You must provide us with all relevant delivery details when submitting a Purchase Order, including by providing the delivery address, details of the space in which the relevant Goods are to be installed, details of any obstacles to such Goods’ installation, and any other details which we reasonably ought to be aware of in order to deliver and/or install the relevant Goods. In the unfortunate event that your item/s arrive damaged, you must report this to us in writing within 14 days of delivery by emailing us at care@appliancegiant.com.au. The email should include a brief description along with clear pictures showcasing the damage. It's crucial to hold onto all components, including the unused product and its original packaging, until we respond with further instructions.

(d) (Redelivery costs) You agree that you must pay reasonable redelivery costs (as reasonably specified by us and invoiced to you) if redelivery is necessary to complete delivery or installation of Goods, and if the original failed delivery or installation was caused or contributed to by you not providing us with sufficient details in accordance with clause 2.5(c) above.

(e) (Installation) We may be able to assist you with the installation of some Goods. If we do, risk in the Goods will not be affected and you continue to assume risk in the Goods once delivered. You agree that it is your responsibility to supervise such installation and ensure that no damage is caused to your premises or personal property as part of the installation, and you release us from any such loss or damage arising out of our installation of the Goods.

(f) (No Liability for Premises Damage) You acknowledge that Appliance Giant and its delivery agents or subcontractors will take reasonable care when delivering and/or removing appliances. However, you agree that Appliance Giant will not be liable for any damage to your premises, personal property, or fixtures caused during the delivery, installation, or removal of any appliances. Delivery, including free delivery where offered, is a service provided by Appliance Giant and is not a warranty for any damages. By accepting delivery, you assume all risk associated with it. You release Appliance Giant from any claims for loss or damage that may arise as a result of delivery, installation, or removal services.

(g) (Old items) You agree that in supplying Goods, Appliance Giant may assist you by removing old items from your premises, and you agree to transfer title in such old items to us.

(h) (Health and Safety) Appliance Giant reserves the right to refuse the removal of existing appliances if our drivers assess that their health or safety is at risk due to unsanitary or hazardous conditions at your premises. This includes, but is not limited to, situations involving insect manifestation, excessive debris, hazardous materials, or any other factors that could pose a threat to our team or other appliances on board for delivery. In such cases, we reserve the right to revoke the removal service.

(i) (Your obligations) If Appliance Giant provides delivery, redelivery, installation, or removal services for old items under this clause 2.5, you agree:
(1) you must:
A. co-operate with Appliance Giant in receiving such services;
B. comply with Appliance Giant’s reasonable directions in this regard;
C. provide Appliance Giant with all documentation, information, and assistance reasonably required for Appliance Giant to perform such services;
D. liaise with Appliance Giant as it reasonably requests for the purpose of enabling Appliance Giant to provide such services; and
E. pay additional service fees for changes to such services requested by you which are outside the scope originally agreed;
(2) to pay Appliance Giant for such services in the amounts and at the times specified in any relevant invoice issued to you by Appliance Giant; and
(3) any service that requires Appliance Giant to acquire goods and services supplied by a third party on your behalf may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies, and you agree to any Third Party Terms.

(a) (Title) Until the price of Goods is paid in full, title in those Goods is retained by Appliance Giant.
(b) (Risk) Risk in the Goods will pass to you on delivery. Delivery must not be refused by you.
(c) (Failure to pay) If you do not pay for any Goods on or before the due date for payment:
(i) or you otherwise fail to comply with these Terms, and by the terms of sale credit has been extended to you, Appliance Giant reserves the right to revoke such credit and demand immediate payment before any further shipment of Goods;
(ii) you must pay Appliance Giant interest at the rate of 12% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Appliance Giant;
(iii) you authorise Appliance Giant, its employees and agents to enter any premises occupied by you or any other place where the Goods are located and use reasonable force to retake possession of the Goods without liability for trespass or any reasonable damage;
(iv) Appliance Giant may at its option keep or resell Goods retaken from you; and
(v) if you sell Goods or items into which the Goods are incorporated before payment in full to Appliance Giant, you acknowledge that such sale is made by you as bailee for and on behalf of Appliance Giant, to hold the proceeds of sale on trust for Appliance Giant, in an account in the name of Appliance Giant, and you must pay that amount to Appliance Giant on demand.

Unless otherwise indicated, the Goods are for domestic use, and you acknowledge and agree that putting the Goods to commercial use, or to any use other than domestic use, is likely to impact the manufacturer’s warranty for those Goods.

Appliance Giant reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

Appliance Giant may offer extended warranty packages from time to time and you acknowledge and agree that:
(a) the offerings under such packages will likely overlap with Appliance Giant’s and the relevant manufacturers’ obligations under the Competition and Consumer Act 2010 (Cth)); and
(b) none of the cost to you for such packages is referable to the extent of that overlap.

(a) Returns of Goods will only be accepted if the Goods are faulty and you comply with the provisions of this clause.
(b) (Change of mind return) We may accept change of mind returns if you comply with the following terms: 
(i) you must notify us via email of a requested change of mind return within 30 days of the date of delivery of the relevant Good;
(ii) you may return the relevant Good to an address nominated by us, at your cost;
(iii) you may request that we facilitate the return of the relevant Good, in which case you must pay our costs of doing so, in accordance with the invoice we issue you for such costs;
(iv) if you request a store credit for a change of mind return, instead of a refund, we may waive the costs specified in clause 2.8(b)
(iii) for facilitating the return of the relevant Good.
(c) (Faulty products) If you believe your Goods are faulty, you may contact us using the details provided on our website with a full description of the fault (including images if possible).
You may also request the relevant manufacturer’s contact details and details of the relevant manufacturer’s processes for making a claim under that manufacturer’s warranty.
If we determine that your Goods may be faulty, we will request that you send the product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the product. At our election, we may require that we collect the relevant Goods for further inspection, instead of you sending the product back to us, which we will do at a reasonable cost to you. We reserve the right to further inspection before deeming a product faulty.
If we determine in our reasonable opinion that the product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the product back to you at your own cost.
If we determine that the product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.
If you fail to comply with the provisions of this clause in respect of defective Goods, we may, in our discretion, issue only a partial refund or no refund in respect of such defective Goods, provided that nothing in this clause is intended to limit the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

(a) (Governing law) This agreement is governed by the law applying in New South Wales, Australia.       
(b) (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(c) (Amendments) These Terms may only be amended by Appliance Giant in accordance with the Terms.
(d) (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(e) (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(f) (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
(g) (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(h) (Interpretation) In these Terms, the following rules of interpretation apply:
(i) (singular and plural) words in the singular includes the plural (and vice versa);
(ii) (gender) words indicating a gender includes the corresponding words of any other gender;
(iii) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(iv) (person) a reference to “person” or ”you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(v) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(vi) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(vii) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(viii) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(ix) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(x) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.