Appleby & Co Terms and Conditions from 1 January 2019*
*These terms and conditions apply to all products purchased after 1 January 2019. For products purchased prior to 1 January 2019, Appleby & Co's previous terms and conditions apply.
Read these Terms and Conditions carefully, If you do not agree with or accept these Terms and Conditions, please leave the Appleby & Co site now.
Definitions
In respect to the Terms and Conditions, "we," "us," and "our" are defined to mean Artspeed Pty Ltd / TA Tamacoma Trading, ABN 61968173730 located in Palmwoods, QLD 4555, Australia.
"You" is defined to mean you the user of the site and customer of Appleby & Co.
"The website" is defined to mean the Appleby & Co website found at https://www.Applebyco.com.au
Along with your purchase order, these Terms and Conditions form a contract between Appleby & Co and you. This contract may not be changed unless Appleby & Co consents to any change in writing.
Confirmation of Legal Age
By placing an order, agreeing to the Terms and Conditions, and creating a contract with us, you confirm that you are at least eighteen years of age. If you are less than 18, you cannot place orders with us. If Appleby & Co suffers any loss, financial or otherwise, because you are less than 18 and you placed an order with us, Appleby & Co may, in its discretion, pursue compensation for such a loss from your adult parent(s) or legal guardian(s) because you attempted to engage in a transaction with Appleby & Co.
Australia and New Zealand Only
We only supply products to locations within the Commonwealth of Australia. Appleby & Co does not make any sales or deliveries to locations outside of Australia.
Orders
You place an order by
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agreeing to these Terms and Conditions, and
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completing an order form on the Appleby & Co website.
Completion of the order is confirmed by your pressing the "Confirm" button on the order form. By pressing "Confirm," you confirm your agreement to the Terms and Conditions, and you confirm your desire to purchase the products you have selected in the transaction contained in the order. You will be issued an order number after your order has been successfully processed.
The Appleby & Co website and product information sets up an invitation to treat. The website and product information is not an offer to supply products; however, in the event of an order, Appleby & Co will make every reasonable effort to supply the products in your order to you.
After your order is placed, you will receive notification, via an Order Confirmation email, of the processing of your order. Your order will not be legally accepted by us, and a contract will not created between us and you, until your order is validated internally and verified to be free of credit card or other identity fraud. We reserve the right to refuse to fulfil your order, end your account, remove content including product information, from our website, and otherwise cancel orders.
When your order has shipped, you will be notified via email. If, after your payment is received, your order cannot be processed and/or shipped, you will be contacted via email or phone.
Methods of Payment, and Payment Processing
The following methods of payment are currently accepted: Visa, MasterCard, Amercian Express and PayPal, Afterpay, Zip Pay, Apple Pay & Google pay & Bitcoin. We reserve the right to amend the forms of payment we will accept at our sole discretion.
Your payment will not be processed until your purchase order is completely verified. Orders that are placed on weekends (Saturday and Sunday) or any publicly-recognized holidays will not be processed until the following business day. Our business days are defined as Monday through Friday with the exception of publicly-recognized holidays.
Credit Cards: We are not able to accept credit cards from non-Australian banks or lenders. Please note that the use of debit or cheque cards may delay your order, as these cards may be have spending limits. With your credit card order, a tax invoice will be emailed to you along with an order confirmation. This tax invoice will be your proof of purchase.
PayPal: With your PayPal order, a tax invoice will be emailed to you along with an order confirmation. This tax invoice is your proof of purchase.
All Orders: For security purposes and as part of Appleby & Co's commitment to combat credit card and identity fraud, you may be asked to provide further identification or other information related to your order before your order is processed.
Product Delivery
Estimated delivery time for your product(s) will be displayed on your checkout screen. Furthermore, the latest delivery status for your product(s) will be displayed in your "My Account" menu.
Please allow 15 business days (excluding weekends and publicly-recognized holidays) from your order confirmation and payment processing until the delivery of your product.
If your delivery window has passed and you have not received your product(s), please contact Appleby & Co Customer Service for the latest status of your product(s) delivery.
For all of our products, we use Australia Post eParcel or for larger overszied items we use Courier partners including but not limited to Amarex, Direct Freight Express, Toll, Couriers Please & Hunter Express.
If your delivery address is in a remote or rural location, the carrier may not provide door-to-door delivery and it may be necessary to collect your goods from the carriers depot. In this situation the carrier will contact you directly to make arrangements. If there is no one home when the carrier attempts delivery they will leave a calling card, send an SMS message or an email advising you of the process to collect the item from the depot or arrange re-delivery. Please note that undeliverable or uncollected items that are returned to us will incurr a 15% resotcking fee and double shipping will also apply for the outbound and return freight costs.
All deliveries will be made to the ground floor of your residence only by a single delivery driver. Should your item be of a large or overszied nature you will need to provide assistance to the driver. Any redeliveries or two man deliveries required due to your inability to assist will be charged at your expense. Should the item be returned due to insufficient assistance at time of delivery for large or oversized items, you will be refunded the item price only minus the return charges.
Australia Post eParcel & the Couriers will deliver to the address you have specified as your "Shipping Address" on your order. In the case that Australia Post eParcel or the Couriers arrives at your office or residence and no one is available to take receipt of your package(s), Australia Post eParcel or the Couriers will leave a card with instructions for how to organise another pickup time. While Appleby & Co makes every effort to deliver your package(s) within the estimated delivery time window, we cannot guarantee delivery. Upon delivery, title and all risk of loss pass to you the customer and new owner.
My Account - Credit Types and Use
Your "My Account" interface kept with Appleby & Co may be linked with certain types of credit for use on the Appleby & Co website. You may only use this credit as defined in these Terms and Conditions. There are three (3) different types of credit:
1. "Store Credit"
Subject to our discretion, Appleby & Co may issue you with "Store Credit" periodically. Store Credit may only be used towards the purchase of products listed on the Appleby & Co website. One (1) Factory Fund Store Credit is equal to one (1) dollar, for the purposes of product purchases on the Appleby & Co website. Store Credit has no value anywhere else except the Appleby & Co website and cannot be redeemed from Appleby & Co for real money.
When you place an order, you may elect to apply any Store Credit in your "My Account" towards your purchase. In the event that you have more Store Credit than is required for the purchase, your remaining Store Credit will be reserved in your "My Account" for future purchases. In the event you do not have enough Store Credit for the full purchase price of your order, your Store Credit will all be applied to your purchase and you will need to apply other credits or another payment type (as listed above in "Methods of Payment, and Payment Processing") to satisfy the remaining balance of your order.
2. Coupons
Subject to Appleby & Co's discretion, we may periodically issue you with discount coupons. These coupons may only be used towards the purchase of the products listed, from time to time, on the Appleby & Co website. Coupons have no value anywhere else except the Appleby & Co website and cannot be redeemed from Appleby & Co for cash/legal tender. Coupons are subject to both these Terms and Conditions, and the Terms and Conditions listed on the coupon itself, including but not limited to the discount amount, expiration date, and purchase restrictions. Appleby & Co reserves the right to interpret the Terms and Conditions of an individual coupon and apply it in the manner we best see fit.
When you place an order with a coupon, the coupon discount is first applied to the price of your order. At that point, there may be a remaining balance to be satisfied. You may elect to apply any Store Credit in your "My Account" towards the purchase, (as described above in the section entitled "Store Credit"). In the event you do not have enough Store Credit for the full purchase price of your order, your Store Credit will all be applied to the order and you will need to apply other credits or another payment type (as listed above in "Methods of Payment, and Payment Processing") to satisfy the remaining balance of your order.
Typographical Errors
While Appleby & Co makes every attempt to list accurate and current product information, price information, and all other information, there may be the occasional typographical error. We cannot be held liable for such typographical errors. We reserve the right to refuse to honour an order based upon any misunderstanding arising from such typographical errors.
Prices are Subject to Change
Appleby & Co makes every effort to list accurate and current prices on the website at all times. However, you should note that prices are subject to change without notice. Appleby & Co reserves the right to change any price/s on the Appleby & Co site without notice.
Goods and Services Tax
Pursuant to the tax regulations governing Australia, all purchases shipped to Australia made on the website are inclusive of the Goods and Services Tax, or GST.
Order Changes and Cancellations
Appleby & Co strongly urges you to please choose carefully and only place your order when you are completely ready. Once an order has been put through, Appleby & Co will charge a fee of $15 per change or amendment to the order (including address changes and product colour changes) or for the cancellation of the order under all circumstances.
Rejected Orders
If delivery of an order is rejected by you, and you would like to cancel the order, a refund will be made for the order total not including postage. Appleby & Co will charge you the maximum of 20% of the order or $30 restocking fee as well as the postage fee to have the item returned. The postage fee charged will be equal to the original postage amount.
Damaged or Faulty Products
A damaged or faulty product is determined when first removed from its original packaging. Should you receive a product that is damaged or faulty Appleby & Co Customer Service will request images or a short video to show the nature of the damage or fault and make a DOA (Dead on Arrival) determination with reference to the relevant legislation contained in the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974).
In the case of a DOA determination, Appleby & Co will either provide replacement parts to resolve the damage or provide a replacement product or arrange for the item to be returned for a refund depending on the extent of the damage or fault at our discretion.
If the product is not of acceptable quality but only has a minor failure (defined as any failure which is not a major failure), Appleby & Co has the discretion to offer you either a full refund, to repair the product or give you a replacement product.
In the case of either a major or minor failure, Appleby & Co will be responsible for the costs of you returning the product to Appleby & Co. Your responsibility will be to package the product in the original packaging (or suitable alternative) and make the product available for collection by a 3rd party carrier or take it to location such as a post office for return.
Should a product not be determined to be DOA, Appleby & Co reserves the right to refuse to refund or replace the product. A replacement product becomes yours upon delivery. In the case of a refund or replacement product, the DOA-determined product becomes the property of Appleby & Co when it has been determined to be a DOA-determined product by us.
Dead Shortly Following Arrival (or "DSFA") Products
If, after a reasonable amount of time after successful product delivery (usually 30 days) you find that your product is not of acceptable quality, contact Customer Service. If Customer Service determines your product to be DSFA as not being of acceptable quality and having a major failure (as defined above), Appleby & Co will provide remedy either by providing replacement parts, or offerering a return for replacement or refund. If the product is not of acceptable quality but only has a minor failure, Appleby & Co has the right to offer you either a refund, to repair the product or give you a replacement product or part.
Should a product not be determined to be DSFA, Appleby & Co reserves the right to refuse to refund or replace the product. A replacement product becomes your property upon delivery. In the case of a refund or replacement product, the DSFA-determined product becomes the property of Appleby & Co when it has been determined by us to be a DSFA-determined product.
Defect Later-On (or "DLO") Products
A delivered product is determined to be DLO if it is not determined to be DOA or DSFA, and it is determined to not to be of acceptable quality after a reasonable time of your owning the product.
"Reasonable time" is defined as the length of time in which it is reasonable to expect a product to be free of problems or defects, taking into consideration such factors as price, quality, and degree of use.
If Customer Service determines your product to be DLO, as not being of acceptable quality and having a major failure (as defined above), Appleby & Co will issue a full refund or a replacement of the DLO product. You have the discretion as to whether you receive a full refund or a replacement product in the event that there has been a major failure. If the product is not of acceptable quality but only has a minor failure, Appleby & Co has the right to offer you either a full refund, to repair the product or give you a replacement product.
If Customer Service determines that a product not DLO, Appleby & Co reserves the right to refuse to replace or refund the product. A replacement product becomes your property upon delivery. In the case of a refund or replacement product, the DLO-determined product becomes the property of Appleby & Co when it has been determined by us to be a DLO-determined product.
Manufacturer Warranties
Many of our products are sold with a manufacturer's warranty, in the event of defect. Many of our products are also accompanied by the promise of such services as Customer Support for technical troubleshooting or other issues. We encourage our customers to fully understand and take advantage of manufacturer warranties and promised Customer Support services. Should the manufacturer warranty and/or Customer Support services fail to rectify any problem, Appleby & Co is prepared to issue a replacement product or provide a full refund of the purchase price in accordance with the preceding sections of these Terms and Conditions.
Physical Return of Products
In the case a customer wishes to return an item within 14 days of reciept, Appleby & Co Customer Service are only able to accept the return of the item if the item is in brand new unopened condition. The customer will be responsibile for the return of the item at their own cost, and store credit provided will be for the product price only.
In the case that you and Appleby & Co Customer Service have come to an agreement regarding the payment of a full refund or a replacement product for a product determined DOA, DSFA, or DLO, you must physically return the DOA, DSFA, or DLO product back to Appleby & Co. A Return Authorisation or RA number will be issued to you for this return, in the form of a PDF voucher. You must affix this RA voucher to the returned product. Products should be returned at your local Australia Post Office. Appleby & Co will pay for the return deliveries of DOA or DSFA or DLO items, where it has been determined that the product was not of acceptable quality. In any other case, you may be charged for the cost of returning the product and related administration charges. Please note that you are responsible for ensuring that any and all returned products are suitably packaged for shipping. We do not provide replacament packaging or boxes in the event that you have discarded the original packaging, sourcing suitable packaging is the responsibility of the customer
Replacement Products
In the case of DOA, DSFA, or DLO return determinations when you have opted for a replacement product, we will ship the replacement item to you (at our delivery cost) after we have received the DOA, DSFA, or DLO product from you, along with the RA number that Customer Service has provided you. Please allow similar delivery times for replacement products as for original products, as outlined in these Terms and Conditions. Replacement products are covered by the same warranties and return policies as stated in these Terms and Conditions.
Special Limitations - Computer Hardware
Appleby & Co can in no way be held responsible for any damage to or loss of any data, applications, programs, or other information stored on any electronic or computing products we offer for sale on the website. Recovery of any such data is not expressly covered under any Appleby & Co warranty. In the event of an electronic or computing product that is returned to us for refund or a replacement product, Appleby & Co can in no way be held responsible for any data left on any electronic or computing product which has been returned to us for refund or replacement. It is your obligation before sending any such electronic or computing products to us to carry out all necessary backups of any data or other information contained on the electronic or computing product
Appleby & Co cannot be held responsible for any damages, whether direct or indirect, incidental or consequential, arising from the sale of an electronic or computing product, including but not limited to the loss of personal or business profits, "downtime," loss of goodwill or business opportunities, damage to equipment, costs of data or systems recovery, reproducing lost data or programs, or loss of confidentiality. Appleby & Co does not guarantee that the repair, replacement, or refund of any electronic or computing product comes without risk to the integrity of data, programs, or other digital data.
Personal Data
When you place your order, and agree to these Terms and Conditions, you agree to the storage, processing, and use of personal and related data from your order for the express purpose of processing your order and shipping it to you. At the time of your order, by selecting the appropriate option on your order form, you may agree to the use of your personal data (to the exclusion of credit card or other payment processing details) for the express purpose of providing you periodic notifications of sales, specials, or other information on Appleby & Co products for sale. This may be in the form of e-mail alerts, newsletters, and similar. If you do not agree to this use of your data, you may "opt -out" of these product notifications by selecting the appropriate option on your order form.
You have the right to a copy of your personal data in our possession. To obtain such a copy, for which Appleby & Co may elect to charge an administration fee for the processing of any request, you may submit a request in writing to Appleby & Co.
Enforceability
If any section of these Terms and Conditions is unenforceable, the other sections of these Terms and Conditions are unaffected and remain in force.
Any failure to enforce these Terms and Conditions, in whole or in part, on our part or your part, does not affect the enforceability of these Terms and Conditions in the future.
No Right to Assign
You do not have the right to assign any of your obligations or rights under these Terms and Conditions, directly or indirectly and in whole or in part, to any other person or entity without the prior written consent of Appleby & Co. The unauthorised assignment of any such obligations or rights will be considered null and void.
Force Majeure
Appleby & Co cannot be held liable for damage or loss for failing to perform any of its responsibilities and obligations, as defined in these Terms and Conditions and in the contract created by a product order, if such failure is the result of any factor which is outside its control, including acts of God. Acts of God include, but is not limited to. fire, flood, earthquake, storm, hurricane or other natural disaster, war, invasion, revolution or insurrection, terrorism, government-imposed sanction, labour dispute, and interruption of telephone, electrical, or Internet services. In the event that any such Act of God occurs, you grant us a reasonable time to perform our services and obligations in accordance with these Terms and Conditions.
Statement of Liability
Appleby & Co excludes liability for all consequential loss arising from use of any Products purchased by you from Appleby & Co, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury, whether direct or indirect, of any kind, unless:
(a) such loss could have been expected to result from a failure by Appleby & Co to meet a consumer guarantee and any such loss was reasonably foreseeable; or
(b) where Appleby & Co is the manufacturer or importer of the relevant Product, such loss has arisen due to the relevant Product having a safety defect within the meaning of section 9 of the Australian Consumer Law and further that none of the defences established by section 142 of the Australian Consumer Law apply to the relevant Product/s.
Nature of the Terms and Conditions
Appleby & Co reserves the right to amend these Terms and Conditions at any time. The contractual relationship between you and us is governed by whichever version of these Terms and Conditions was posted at the time of the placement of your order.
No third-party, including employees or agents of Appleby & Co, has the authority to alter any of these Terms and Conditions for a particular sale or sales.
Governing Law
These Terms and Conditions are governed by the laws of New South Wales, and are subject to the jurisdiction of New South Wales court system.
