Terms and Conditions of Sale

Terms and Conditions

OVERVIEW

This website is operated by Worldwide Appliances Pty Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Worldwide Appliances Pty Ltd. Worldwide Appliances Pty Ltd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Agreement
1. Subject to clause 2, Worldwide Appliances agrees to sell, and the Customer hereby agrees to purchase, the Product(s) as specified in the Order.
2. An agreement is made between Worldwide Appliances and the Customer for the purchase and sale of the Product(s) in the Order, if and when Worldwide Appliances issues to the Customer an Order Confirmation in respect of that Order.
Price
1. The Customer must pay the Price to Worldwide Appliances in accordance with clause 3 of these terms and conditions.
Payment
1. Subject to clause 2 and 3.3, the Customer must pay a minimum of 30% of the total Price for the Product(s) as a security payment (Deposit) to Worldwide Appliances at the time the Order is placed, or if the Customer orders a Customised Product, then a minimum of 50% of the total Product for the Customised Product(s) as a Deposit.
2. The Deposit is non-refundable.
3. For all ex-Display Products or Clearance Stock, or Products with a delivery date of less than seven (7) days, the Price must be paid in full at the time of the Order. If the Price is paid in full in accordance with this clause 3, the Deposit is deemed to be included as part of the Price.
4. Full payment or the balance of the Price (being the remaining sum of money (if any) owed to Worldwide Appliances by the Customer for the Product(s) or Customised Product(s)), must be paid by the Customer to Worldwide Appliances by the earlier of:
  1. seven (7) business days prior to the scheduled delivery date as specified at the time the Product(s) or Customised Product(s) were ordered; or
  2. not less than seven(7) clear days before the delivery of the Product(s) to the Agent in accordance with clause 6.
5. If full payment or the balance of the Price is not paid to Worldwide Appliances in accordance with clause 4, Worldwide Appliances may, in its absolute discretion:
  1. cancel the order;
  2. charge a cancellation fee as set out in clause 5; and
  3. seek full payment of the Price as set out in clause 4.
6. If an Order relates to two (2) or more Products and they are delivered on different dates, full payment or the balance of the Price for each Product(s) must be paid in accordance with clause 4.
Default in Payment
1. If the Customer fails to make any payment when due, the Customer must, without prejudice to any other right or remedy of Worldwide Appliances:
  1. pay interest on the amount outstanding calculated daily at a rate equal to $10.00 (AUD) per business day, plus any late fees charged by Worldwide Appliances to the Customer, until the outstanding payment is made;
  2. reimburse Worldwide Appliances for all reasonable costs and expenses incurred in relation to the outstanding debt;
  3. reimburse Worldwide Appliances for all reasonable costs and expenses incurred in relation to chasing the outstanding debt;
  4. reimburse Worldwide Appliances for all reasonable costs and expenses for the storage of the Product(s);
  5. may agree to enter into an agreement with Worldwide Appliances, in Worldwide Appliances’s absolute discretion, for a payment scheme for the outstanding debt, interest and all other reasonable costs and expenses incurred by Worldwide Appliances in accordance with this clause 1; and
  6. may cancel the Order and a cancellation fee will apply in accordance with clause 5.

Cancelation/Re-Stocking Fee
1. Subject to clause 4, the Customer agrees and acknowledges that if a Customer cancels an Order, a cancellation fee of 30% of the Product(s) Price will be charged (Cancellation Fee). The Cancellation Fee will be paid from the Deposit.
2. If an order is cancelled in accordance with this clause 5, and the Customer has paid an amount for the Product(s) greater than 30% of the Price, Worldwide Appliances will refund the balance of the Price (being the amount paid by the Customer minus 30% of the Price) to the Customer within seven (7) working days of the cancellation date.
3. If the Product(s) has been delivered to the Agent in accordance with clause 6, an Order cannot be cancelled without the prior written approval of Worldwide Appliances, in its absolute discretion.
4. The Customer agrees and acknowledges that Worldwide Appliances may waive the Cancellation Fee in its absolute discretion.
5. The Customer acknowledges that the Cancellation Fee represents the costs incurred by Worldwide Appliances in accepting, restocking, ordering or otherwise dealing with the cancelled Product(s).
6. No Cancellation Fee will be imposed on Display Products and the Customer acknowledges that these items to be purchased in “as is” condition and are to be paid for in full at the time of sale.
Delivery
1. The Customer agrees and acknowledges that:
  1. Worldwide Appliances is only required to deliver the Product(s) to the Agent;
  2. All delivery dates are estimated dates only and Worldwide Appliances is not liable for any delay in delivery;
  3. Worldwide Appliances is not required, express or implied by these terms and conditions, to deliver the Product(s) to the Customer; and
  4. Any fees or costs associated with the delivery of Product(s) or Customised Product(s) to the Customer, are at the discretion of the Agent and as agreed to between the Agent and Customer. Worldwide Appliances will have no association with, and bears no liability or obligations in respect of these fees and costs.
2. Upon an Order Confirmation being provided to the Customer, Worldwide Appliances will:
  1. use all reasonable commercial endeavours to deliver the Product(s) to the Agent by the nominated delivery date, as agreed between Worldwide Appliances and the Agent, and Worldwide Appliances is not liable for late delivery of any of the Product(s), including but not limited to any delay as a result of a change of delivery date requested by the Customer; and
  2. if delivery of the Product(s) is accepted by the Agent, the Agent will be solely responsible to deliver the Product(s) to the Customer in accordance with the Agent’s own terms and conditions.
3. If a Product(s) is discontinued, superseded or becomes no longer available for delivery by Worldwide Appliances to the Agent, Worldwide Appliances will notify the Customer as soon as practicable and provide all reasonable information to the Customer.
4. If a Product(s) is subject to an event as set out in clause 3, Worldwide Appliances will, in its absolute discretion:
  1. offer another Product(s) of equivalent or superior standard; or
  2. if there is no equivalent or superior Product(s), terminate this agreement (without any penalty or Cancellation Fee) effective immediately.
5. If the Customer accepts Worldwide Appliances’s offer as set out in clause 4.1:
  1. the Customer acknowledges that the Product(s) and the Price may be varied;
  2. the original Order Confirmation will be cancelled effective immediately;
  3. a new Order Confirmation will be provided to the Customer by Worldwide Appliances;
  4. the Customer agrees to be bound by the terms and conditions of the new Order Confirmation, including but not limited to, a change in Price, Product(s) or delivery date to the Agent.
6. If the Customer does not accept Worldwide Appliances’s offer as set out in clause 4.1, or Worldwide Appliances terminates this agreement in accordance with clause 6.4.2:
  1. Worldwide Appliances will refund all money paid by the Customer for the Product(s);
  2. Worldwide Appliances will not charge a Cancellation Fee; and
  3. the Customer waives all rights, implied or express, under these terms and conditions, including without limitation, any rights the Customer may have against Worldwide Appliances for cancelling the Order.
7. The Customer agrees and acknowledges that once Worldwide Appliances has delivered the Product(s) to the Agent:
  1. all liability for the Product(s), implied or express, will pass to the Agent; and
  2. the title of the Product(s) remains with Worldwide Appliances until the Product(s) have been delivered to the Customer by the Agent (or collected by the Customer from the Agent).
8. Subject to clause 9, once Worldwide Appliances has delivered the Product(s) to the Agent, and the Customer subsequently changers their mind about the Product(s), ordered an incorrect Product(s) or otherwise wishes to amend or cancel the Product(s), Worldwide Appliances may, in its absolute discretion, agree to:
  1. accept return of the Product(s), at the sole expense of the Customer; or
  2. provide a replacement Product(s) to the Customer.
9. If Worldwide Appliances agrees to the return of a Product(s) as set out in 8, the Customer agrees to pay:
  1. a Cancellation Fee or a restocking fee of 30% of the Price of the Product(s) returned, as deemed appropriate by Worldwide Appliances; and
  2. any difference between the Price of the Product(s) being returned and the replacement Product(s) as reasonably requested by Worldwide Appliances.

Installation
1. The Customer agrees and acknowledges that Worldwide Appliances is not:
  1. responsible for the installation of the Product(s), including without limitation to, installations or arrangements for the installation of the Product(s) made by the Agent, the Customer or any other third party; and
  2. liable for any loss, damage or otherwise to the Product(s) which occurs through the installation of the Product(s).

Ownership and Risk
1. Worldwide Appliances remains the exclusive owner of the Product(s) until the Price is paid in full to Worldwide Appliances and the Product(s) have been delivered to the Customer.
2. The Customer must not sell or otherwise deal with the Product(s) until the Price is paid in full to Worldwide Appliances. If the Customer purports to do so, the Customer will be deemed to hold the balance of the Price or other realisation on trust for Worldwide Appliances.
Warranty
1. The full terms and conditions of Worldwide Appliances’s warranty can be found here wwa.com.au. The full terms of Euroilinx;s warranty are incorporated into this customer terms and conditions.
2. The Customer agrees and acknowledges that any express warranties made by Worldwide Appliances in respect of the Product(s) will only be extended to the Customer if and only if the Customer:
  1. retains proof of purchase;
  2. registers the Product(s) on https://www.wwa.support; and
  3. is not in breach of the terms and conditions of this agreement.

How to Make a Warranty Claim
1. All warranty claims relating to the Product(s) should be made at: https://www.wwa.com.au.

Service & Spare Parts
1. Worldwide Appliances will store, or ensure that it has reasonable access to, all necessary spare parts available for the purpose of repair or service of Product(s) not less than three (3) years following the cessation of the production of the Product(s).
Privacy
1. The Customer agrees to and acknowledges that Worldwide Appliances will collect a Customer’s details and personal information (such as name, address, telephone contact or other information) and that Worldwide Appliances may disclose the Customer’s details and personal information to its related companies and to organisations, or other third parties, which provide services, including but not limited to, repair, warranty and delivery, to Worldwide Appliances.
2. Worldwide Appliances will collect and deal with a Customers details and personal information only in accordance with:
  1. Worldwide Appliances’s Privacy Statement (which can be found at https://www.wwa.com.au); and
  2. the Privacy Act 1988 (Cth).

Governing Law
1. This agreement is subject to the laws of the State of New South Wales, Australia and the Parties submit to the exclusive jurisdiction of the Courts of New South Wales.
Terms of Use Revisions
1. Worldwide Appliances may, from time to time, and in its absolute discretion, revise and amend these Terms and Conditions by updating this agreement. Any changes to the Terms and Conditions will be published on Worldwide Appliances’s website, or may be obtained directly from Worldwide Appliances.
Definitions

In these terms and conditions, unless the context otherwise requires:

Agent means the authorised seller of the Products.
Clearance Stock means Product(s) marked as clearance by Worldwide Appliances, from time to time, in its absolute discretion.
Customer means the person or entity whose name and address appears on the order as the purchaser of the Product(s).
Customised Products means any Product(s) that are uniqualy designed according to customer specification (including but not limited to colour, logo, size, image or shape).
Display Stock means the Product(s) supplied by Worldwide Appliances to the Agent for the sole purpose of in-store displays, usually removed from the packaging and can be used for customer demonstrations.
Worldwide Appliances means Worldwide Appliances Pty Limited (ABN 50 001 473 347).
GST means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
Order means the order made by the Customer for the Products.
Order Confirmation means the confirmation provided by Worldwide Appliances to the Customer for the Order of the Product(s).
Price means the sum of money payable to Worldwide Appliances by the Customer for the Product(s) as provided by Worldwide Appliances to the Customer in the Order Confirmation.
Products means any products/brands imported and distributed by Worldwide Appliances (WWA) referred to in the Order, including but not limited to any Customised Products.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at our contact information is posted below:
Worldwide Appliances Pty Ltd
[email protected]

Terms and Conditions