TERMS OF SALE ON HUSQVARNA E-STORE
1. INTRODUCTION
1.1 These Terms of Sale on Husqvarna Australia Pty Ltd
(Husqvarna) e-Store (the "Terms") set out the specific terms and
conditions applicable to the supply of products, including accessories and
spare parts, ("Products") ordered by companies and/or consumers
("You") from the Husqvarna e-Store (the "e-Store") for delivery in
Australia . Additional product and warranty information (including product
specifications) can be found on the e-Store's product page(s) and related links
to the Husqvarna main web-site.
1.2 The e-Store is a site owned by Husqvarna Australia
Pty Ltd, ABN 45 115 475 619 with its registered office at 4
Pioneer Ave, Tuggerah NSW 2259.
1.3 You are encouraged to carefully read these Terms
before You order Products. By ticking the "I agree" box in the
checkout process and submitting the order, You accept and agree to be bound by
these Terms. Husqvarna reserves the right to amend the Terms at any time
without notice by way of Husqvarna posting a new version on the e-Store. Such
change will however have no effect on orders that were submitted prior to the
amended Terms being notified on the e-Store. Other terms available on the
e-Store, such as the general website Terms and Conditions of Use as well as the Privacy Policy and Cookie Policy are
also applicable to Your use of the e-Store. Keep a copy of these Terms as
Husqvarna may not archive agreements with You.
1.4 By accepting these Terms You confirm that You are
at least 18 years of age or of legal age to form a binding contract with
Husqvarna.
2. ORDERING PRODUCTS
2.1 Products are ordered and the
contract for the purchase of Products is concluded in accordance with the
following process:
(i) After selecting the Products, You
place the order by proceeding to the Checkout. You will be guided through the
checkout process by a series of instructions on the e-Store. If a selected
Product is not in stock, You may request to be notified (via e-mail) once the
Product is in stock as described in the checkout process. You agree that Your
order is an offer to buy, under these Terms, the Products listed in Your order
and there is no binding contract between You and Husqvarna until the order is
accepted by Husqvarna. Whilst Husqvarna endeavours to supply all ordered
Products, note that Husqvarna is free not to accept Your order for any reason,
including where Products are no longer available.
(ii) In placing the order, You will
be requested to provide information relating to You and Your order, such as
contact details, delivery address and information relating to the selected
payment method (e.g. credit card number). You will also be requested to
indicate Your preferred retail store (Dealer) for pick-up of the Product(s) and
for returns and warranty repairs.
(iii) You will receive an order
acknowledgement and email detailing the Products You have ordered. Please store
Your order number and date for future references. This confirms that Husqvarna
has received Your request but is not a confirmation or an order acceptance from
Husqvarna. You may cancel or update Your order up until Husqvarna has sent a
notice of dispatch (see next point).
(iv) Once Your order has been
processed and accepted by Husqvarna and Your Product is ready to be shipped,
Husqvarna will send You a notice of dispatch by email, text or phone call. Upon
receipt of such notice, the conclusion of the contract for the purchase of the
Product(s) takes place. Actual dispatch will, however, take place subject to
what is set out in section 4.3. If a Product that You have ordered is not in
stock (including if the ordered quantity is partially not in stock), Husqvarna
will contact You so that You can either cancel the order or, where the Product
is expected to come back in stock, maintain Your order.
3. DELIVERY
3.1 Husqvarna will deliver the
Products to the Dealer You selected. The Dealer will contact You when the
Products have been inspected and assembled and are ready for collection.
3.2 Shipping and delivery dates are
estimates only and cannot be guaranteed. Products that are marked as "in
stock" will generally be delivered within 3-6 working days. If the Products are not
available within these estimated delivery times Husqvarna will endeavour to let
You know through the contact information You provided (if Products are not
available in the ordered quantity, You may decide to receive such lower
quantity and cancel the remaining ordered quantity or cancel the order in its
entirety).
3.3 The delivery will be completed
when Husqvarna delivers the Products to the
Dealer You selected.
3.4 Husqvarna reserves the right to
make minor technical changes in ordered Products which do not affect the
functionality of the Products.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered
Products are specified on the e-Store, as confirmed in the order confirmation.
All prices on the Store are displayed in the local currency of the e-Store,
inclusive of GST (where applicable) but exclusive of charges for shipping and
handling (these will be added to Your merchandize and itemized before You agree
on these Terms).
4.2 Although Husqvarna tries to
ensure that all prices on the e-Store are accurate, errors may occur (e.g. for
technical reasons, such as network failures, errors in transmission, etc.). If
Husqvarna discovers an error in the price of Products You have ordered,
Husqvarna will inform You as soon as possible and give You the option of
reconfirming Your order at the correct price or cancelling it.
4.3 Available payment methods are
presented for Your selection on the e-Store in the checkout process. Your
credit or debit card will be charged and the bank transfer will be effected,
respectively, upon acceptance of Your order. The Products will be dispatched
once the credit/debit card has been charged or the payment has been received
(respectively).
4.4 By submitting an order through
the e-Store, You are confirming that the payment details provided on Your order
are valid and correct and that You are authorised to use the credit or debit
card for the payment.
5. RIGHT OF WITHDRAWAL FOR CONSUMERS
5.1 If You order the Products in Your
capacity as a consumer (pursuant to applicable consumer law), You have the
right, without giving any reasons, to withdraw Your order at any time up until
14 days from the receipt of the Product. To exercise the right of withdrawal,
You must inform us of Your decision to withdraw by making a clear statement in
writing. To comply with the time limit it is sufficient to send the withdrawal
notice to Husqvarna (e.g. by letter or email, see section 10.1) no later than
the 14th day. You can download the cancellation form here.
Then please return the Product within 14 days (see section 10.1) to the Dealer
where the Product was collected and enclose a copy of your order confirmation
document (received via email following your purchase) with your signature and
return date in the designated "Withdrawal" box.
5.2 Should any payments have been
made, these will promptly, at the latest within 14 days from receipt of Your
notice of withdrawal, be repaid by Husqvarna. Husqvarna will, however, not
reimburse Your delivery costs for returning the Product. Additional information
on returns are found in the return guidelines and
under FAQs. Wherever possible, the Products should be
returned in their original packaging but, if this is not possible, You must
make sure that You pack them securely for forward transit.
5.3 If there is a loss in value to
any of the returned Products, and this loss is the result of use of the Product
other than what is required for inspection of the Product, Husqvarna may make a
deduction from any reimbursement or refund made to You.
6. INSPECTION, INSTALLATION AND USE
6.1 Upon taking delivery of the
Product, You are encouraged to inspect the Products as to verify whether there
are any damage caused to the Product during shipment or obvious defects in the
Product. Any such damages or defects must be notified to Husqvarna without
delay on the address or email specified in section 10.2.
6.2 You are responsible for the
proper installation and use of the Products that You have purchased on the
e-Store. For proper guidance, always read any instructions on the package for
the Products and the relevant Husqvarna user/product manual and installation guide.
6.3 Spare parts and accessories that
You have purchased on the e-Store must always be installed and used in
accordance with the relevant user manual and installation guide for the Product
into which You intend to install and use the spare parts/accessories.
7. WARRANTIES AND STATUTORY CONSUMER
RIGHTS
7.1 Warranties
7.1.1 In addition to the statutory
consumer rights prescribed by Australian Consumer Law, Products ordered by (a)
consumers and (b) customers other than consumers, are provided with a 24 months
and 12 months manufacturer warranty respectively (warranty) in accordance with
the terms and conditions of the warranty card accompanied with the Product,
unless Husqvarna has agreed to an extended warranty in writing, e.g. as part of
Promotions (see section 11.2).
7.1.2 In case the Product does not
fulfil the above mentioned warranty, You are entitled to one of the following
remedies (as determined by Husqvarna in its reasonable opinion): (a) a repair
without charge provided by authorised service technicians; (b) if a repair is
not possible (including if the repair costs would exceed the original purchase
price), replacement of the Product with a Product of equivalent specification;
or (c) if repair or replacement is not available, a refund of the purchase
price, including the delivery costs.
7.1.3 To return Products that do not
fulfil the applicable warranty, please see section 10.1 below.
7.1.4 Notwithstanding the above,
Husqvarna shall have no liability for non-fulfilment of the warranty where such
non-fulfilment is a result of:
(i) deliberate damage to or neglect
of the Product;
(ii) consumables and normal wear and
tear components, including but not limited to, batteries, lights, chains;
(iii) failure to follow user/product
manual, installations guide and other instructions relating to the use,
installation and care of the Product; or
(v) in respect of a consumer
warranty, the use of the Product for commercial or non-domestic purposes.
7.1.5 Except for the above and to the
extent permitted by applicable law, Husqvarna disclaims all warranties whether
express or implied, including but not limited to, implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose and
reliability or availability.
7.2 Statutory rights for consumers
7.2.1 As a consumer, You have
statutory rights in relation to Products that are not in conformity with the
product specifications, including these Terms. These statutory rights
(including the right to repair, replacement or refund of the price in certain
situations) are not affected by anything in these Terms, and the warranty set
out in section 7.1 applies in addition to such rights. If You wish to invoke
Your statutory consumer rights, please contact our customer support (see
section 10.2 below).
8. LIMITATION OF LIABILITY; FORCE
MAJEURE
8.1 Husqvarna's total liability under
these Terms in relation to an individual purchase order shall be limited to the
price You have paid to Husqvarna in respect of that order. Husqvarna shall have
no liability for indirect, special, incidental or consequential damages.
Husqvarna assumes no liability for claims caused by (a) non-intended use or
handling of the Product, (b) use and installation in combination with
appliances/products for which the Product was not intended, or (c) improper
installation. Please note that use, installation or care which is not carried
out in the required manner may cause personal injury and product damages.
8.2 The limitation of liability in
section 8.1 shall not apply in case of fraud, gross negligence or wilful
misconduct on the part of Husqvarna and Husqvarna does not in any way limit its
liability for death or personal injury caused by negligence. Additionally,
nothing in these Terms shall in any way exclude the statutory rights for
consumers (see section 7.2).
8.3 Husqvarna will not be liable or
responsible for any failure to perform, or delay in performance of, any of its
obligations under these Terms relating to events outside its reasonable control
including acts of god, fire, flood, severe weather, explosions, war (whether
declared or not), acts of terrorism, industrial disputes (whether or not
involving its employees), or acts of local or central government or of any
other competent authorities, as well as other force majeure events pursuant to
applicable law.
9. PROCESSING OF PERSONAL DATA
9.1 Processing of personal data
relating to employees/representatives of customers
9.1.1 In connection with the placing
of orders, taking delivery or exercising of rights under these Terms (including
to request for stock updates pursuant to section 2.1 above), Husqvarna receives
personal data relating to representatives of Your company (such as name, email
and other contact information). You are the data controller of such personal
data and Husqvarna processes such personal data as a data processor on behalf
of You. Your company and Husqvarna shall comply with the requirements on data
controllers and data processors (respectively) included in the EU Directive
95/46/EC (the "Directive") and, as from 25 May 2018, Regulation (EU)
2016/679 General Data Protection Regulation (the "GDPR"), and such
national legislation implementing the Directive and the GDPR (together the
"Data Protection Legislation").
9.1.2 Husqvarna is given a general
right to engage sub-processors located within the EU/EEA as well as in a third
country. Husqvarna and the sub-processor shall enter into a written data
processing agreement that is in line with the Data Protection Legislation and
Husqvarna must also ensure that there is legal ground for any transfer of data
to a third country.
9.1.3 Notwithstanding the foregoing,
Husqvarna, the Husqvarna group of companies and associated partners, may for their
own purposes, as data controllers, freely access, process, utilize and
aggregate the personal data described above, separately or together with other
personal data accumulated in connection with Your use of other
services/features provided by Husqvarna. Such data may be used for the purposes
described below in sections 9.2.2 and 9.2.3. Such data may be disclosed to
third parties. The rights in this section 9.1.3 may not be revoked or
terminated and will survive the termination of these Terms.
9.2 Processing of personal data
relating to consumers
9.2.1 If You are a consumer,
Husqvarna is the data controller of the personal data collected in connection
with Your purchases of Products and other activities on the e-Store, such as
Your name, age, gender, contact details and billing information as well as
information relating to Your requests and communication with Husqvarna,
including Your request for stock updates pursuant to section 2.1 above.
Husqvarna, and other Husqvarna group companies, may also collect and process
personal data described above and data from Your use of the Product separately
or together with other personal data accumulated in connection with Your use of
other services/features provided by Husqvarna. Husqvarna processes Your
personal data in accordance with the Data Protection Legislation (as defined in
section 9.1.1 above). For contact details, including contact details to the
data protection officer, please refer to section 10, the Privacy Policy and
Cookies Policy.
9.2.2 Husqvarna may use Your personal
data for the following purposes:
(i) supply the Products and respond
to Your requests, questions and instructions;
(ii) improve and customize Your
experience with the Products, such as providing support services, appropriate
maintenance and asset management, features and responses tailored to You and
the manner in which You interact with Husqvarna;
(iii) provide You with notifications,
content, alerts, offers, promotions, marketing information, communications and
advertisements relating to products and services offered by Husqvarna and other
Husqvarna group companies;
(iv) operate, evaluate and improve
Husqvarna's business (including developing new products and services; improving
and testing our products and the services; managing our communications;
analysing our products/services, customer base and how our products and
services are used; conducting market research;
(v) perform accounting, auditing and
other internal functions;
(vi) protect against, identify and
prevent fraud and related activity; and
(vii) comply with and enforce
applicable legal requirements, relevant industry standards and our policies,
including these Terms, the Privacy Policy and Cookies Policy.
9.2.3 In relation to the points
(ii)-(iv) in section 9.2.2 above, Husqvarna may (a) analyse and evaluate user
data, transactional data and personal aspects relating to You for profiling
purposes and (b) use data collected from the use of other services/features
provided by Husqvarna group companies.
9.2.4 You are required to provide us
with personal data referred to in point (i) of section 9.2.2 above to order and
take delivery of the Products. Personal data will be retained only for so long
as reasonably necessary for the purposes set out above, in accordance with the Data
Protection Legislation. You have a number of rights pursuant to the Data
Protection Regulation in relation to Husqvarna's processing of Your personal
data; please refer to Husqvarna’s Privacy Policy [link] for more information
about these rights and how You may exercise them.
9.2.5 Except for what is set out in
section 9.2.3 for which Husqvarna has requested and obtained Your consent
(which may be withdrawn at any time without affecting the lawfulness of
processing based on consent before Your withdrawal), Husqvarna processes Your
personal data only if required for the fulfilment of its obligations under
these Terms, for complying with a legal obligation or for any of the purposes
listed in section 9.2.2. Husqvarna may share Your personal data with Husqvarna
group companies and service providers who perform services for Husqvarna group.
If Husqvarna transfers personal data outside of the EU/EEA, Husqvarna will
ensure that such transfer is permitted pursuant to the Data Protection
Legislation.
10. RETURNS; CUSTOMER SUPPORT
10.1 Without prejudice to section 5
(as applicable), in case You wish to return a Product to Husqvarna for repair,
replacement or refund (as provided for elsewhere in these Terms), please
contact the dealer You have selected in the checkout process or Husqvarna and
follow the procedure as indicated under returns guidelines
10.2 For general questions regarding
the use, care or service of the Product, please refer to the user manual or
information available on the e-Store. You may also contact Husqvarna, via email or
phone (). To locate dealers, please refer to dealer locator.
11. MISCELLANEOUS
11.1 Husqvarna may subcontract and/or
transfer its rights and obligations under these Terms without Your prior
written notice (in case of transfer of Your rights, Husqvarna will notify You
in writing thereof), but this will not affect Your rights or Husqvarna's
obligations under these Terms.
11.2 Husqvarna may occasionally run
campaigns, sales promotions or offer other incentives ("Promotions")
in relation to Products offered on the e-Store. The validity of and conditions
that apply to the Promotions will be set out in additional terms and/or rules
as shall be made available to You at that time. Other than as expressly set out
in such promotional terms/rules, these Terms will govern the supply of Products
ordered pursuant to a Promotion.
11.3 These Terms together with the
order acceptance, warranty cards as well as promotional terms/rules and other
policies, terms and conditions of Husqvarna (as applicable) referenced herein,
is the entire agreement between You and Husqvarna relating to the supply of the
Products and supersedes all prior oral or written communications with respect
to the subject matter hereof. If any provision of these Terms is held to be
void, invalid or unenforceable or illegal, the other provisions shall continue
in full force and effect.
12. GOVERNING LAW; DISPUTE RESOLUTION
12.1 These Terms are governed by and
must be construed in accordance with the laws of the state or territory of
Australia in which You are located. Husqvarna and You submit to the exclusive
jurisdiction of the courts of that state and the Commonwealth of Australia in
respect of all matters or things arising out of these terms.
12.2 Notwithstanding section 12.1, if
You are a consumer, these Terms are governed by the laws of the jurisdiction
where You are a resident, without regard to its conflict of law principles.
12.3 Any dispute, controversy or
claim arising out of or in connection with these Terms, or the breach,
termination or invalidity thereof, shall be finally settled by arbitration in
accordance with the Rules for Expedited Arbitrations of the Arbitration
Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall
be Stockholm, Sweden. The language to be used in the arbitral proceedings shall
be English. Any arbitral proceedings conducted hereunder, including all
information disclosed as well as any decision or award that is made or declared
during the proceedings, will be kept strictly confidential.
12.4 Notwithstanding section 12.3, if
You are a consumer, any dispute, controversy or claim arising out of, or in
connection with these Terms shall settled by the courts of the jurisdiction
where You are a resident.
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These Terms were last updated: 17 January 2020
