TERMS OF SALE ON HUSQVARNA E-STORE
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.
1.4 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.
3.1 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
7.1.1 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
9.2.2 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
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.
9.2.5 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.
11.1 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.
These Terms were last updated: 17 January 2020