START OF TERMS AND CONDITIONS
For the purposes of this store policy agreement, “we”, “store” or “supplier” shall refer to the business entity trading as artiokitchenware.com.au or “Artio Kitchenware”. By purchasing from our store artiokitchenware.com.au, you, the “customer” – or equivalently the “buyer” (or “receiver” as far as fulfilment is concerned) – acknowledge, agree and consent to the entirety of the following text:
Commitment to Purchase
By submitting an order form, you are committing to a purchase unless you have reached a timely agreement with the store to cancel the order, which is instantiated by a emailed or written notice of cancellation. This is regardless of whether payment has been successful or not, as the store offers discretionary credit terms to buyers. If, as a result of an order submission, goods and services are rendered accordingly, then the customer is liable for the invoiced costs associated with the order. Failure to pay can result in further liabilities for the customer related to debt recovery costs. Your continuing to ignore payment requests may result in a police report being filed.
You must contact and inform the store within the effective period of warranty from the date of invoicing if you believe you have a defective product and wish to avail of warranty provisions through the store.
Vendor-supplied warranties are variably provided on a return-to-base, on-site service, or pick-up-and-return basis. The mode of warranty will depend on the product. In cases where return-to-base warranty applies, customer is responsible for return shipping of the faulty products.
Reachability/contactability and the proactiveness of the buyer in fulfilment of the order
The buyer agrees that if the store or any of its fulfilment partners are unable to reach the buyer by the contact details provided by the customer at the time of purchase, then this shall be treated as a case of refusal by the buyer to receive goods and buyer abandonment of goods. Under these circumstances, the buyer is at fault and will and cannot make many any claim to non-delivery. It is the buyer’s responsibility to be reachable and proactive in contacting the store in a timely manner (that is, no later than 2 weeks from the dispatch date – or, if available, the ETA (estimated time of arrival) – of the goods as indicated by tracking) should any delivery complications arise. The store cannot resolve issues which are not referred to the store by the customer in a timely manner. Repeat evasiveness by the customer towards the store or customer obstruction of fulfilment efforts by the store – either willfully or by negligence – will result in goods and associated payments being forfeit by the customer.
The customer is responsible for whitelisting the store’s email addresses of the domains artiokitchenware.com.au or artiokitchenware.com. The customer accepts responsibility for failures of communication due to the store not being able to reach the customer because of spam filters acting on the customer’s email inbox. If any such communication failure creates complications in the fulfilment of the order, the customer remains liable for any and all transaction fees and fulfilment and recovery costs relating to the ordered goods.
No refund policy: the customer accepts that the store will not offer refunds for buyer change of mind or buyer error
The store is unable to offer refunds for buyer change of mind or buyer error. The onus of making the correct product selections falls to the customer. The customer is responsible for doing their own research with regards to their product selections, which includes but is not limited to ensuring hardware compatibility before committing to a purchase.
The store is unable to offer refunds for change of mind or buyer error. The onus of making the correct product selections falls to the customer. The customer is responsible for doing their own research with regards to their product selections, which includes but is not limited to ensuring hardware compatibility before committing to a purchase.
If, in the unlikely event that a product can be shown to be defective, then subject to warranty inspection, of course, we will happily replace, repair or refund it.
Likewise, if stock is unavailable contrary to front end indications – this can happen due to latency in the inventory reporting system – then we will refund you with our full apologies.
The store reserves all rights to cancel any purchase
The store may cancel and refund a purchase for any reason it deems legitimate. This includes – but is not limited to – pricing errors.
Authorization to Leave (ATL)
Where an ATL delivery is concerned, the customer accepts full responsibility for any stolen goods after the time of delivery. The customer agrees to waive all liabilities on the part of the store for any theft or missing goods as a result of property loss after the time of delivery.
Group buy terms and conditions:
- Currently, the only methods of payment accepted for group buy payments are electronic bank transfer or PayPal.
- Although we make every effort to progress the group buy when the target number sales is met, the store reserves the right to cancel the group buy. In the event of cancellation, each customer will be issued a full refund.
- The store may at its discretion extend the deadline attached to any group buy offers. If this happens, customers will be informed of the deadline extension and given a limited time to withdraw from the deal should they wish.
Images are for approximately illustrative purposes only and may not be exact
Due to the variations in makes, etc., it is not always possible to obtain exact images of our products. Whilst customers can rest assured that we do our best to make accurate representations, images may differ in respects from the actual product. We reserve the right for some creative license – we sometimes use dramatised images, which are Photoshopped for dramatic effect. We also edit certain images for image quality assurance purposes. JPG to PNG image conversions may also involve editing to obtain a transparent background, to meet website standards for consistency of presentation.
For lay-by purposes, all the following terms are binding. Placing any order on lay-by will be taken to imply your commitment to the terms. Pleas to ignorance will not be considered.
Security of the goods
Goods are held in your name only after your initial down payment is received. However, security of the goods will not be guaranteed until the store has had the chance to act on your down payment to secure the goods.
Failure to pay on time
If you anticipate failing to make a payment on time and require more time, please contact the store for special consideration. In the event that no agreement is reached, it will be considered that you have defaulted on your lay-by and you have forfeited any down-payments, fees and instalments paid to date on the goods in question.
The presentation of stock as available is only provisional and non-absolutely indicative.
The store may use credit towards payment of web orders at their discretion
The store may extend up to $25000 in supplier credit to any customer which may be used towards payment of website orders, at the store’s discretion. Any such credit used towards purchases must be repaid within 14 days. Any online submission of an order to the store is taken to be an agreement by the customer to enter into debt with the store in order for the store to put the order into effect. Abandonment of orders by the customer – defined as a failure to cancel unwanted orders within 24 business hours – may nevertheless incur a debt to this effect on the customer’s part in relation to the store.
Debt Recovery liabilities
By ordering or purchasing from our store, the customer agrees to be liable for the costs of debt recovery in the event that they enter into debt with the store over unpaid goods. Further, it is agreed that the customer’s liability for debt recovery costs incurred by the store extends to invalid warranty claims.
For products other than those assembled by us, we do not provide technical support. Instead, it is expected you contact the brand-authoritative technical support hotlines where available, or avail of internet resources to help yourself in this regard. We may provide technical documentation where it is available, on request.
Import Taxes/Duties/Levies/Tariffs or Customs Fees
International customers accept that they will be responsible for any import taxes/duties/levies/tariffs or customs fees charged in the destination country.
Failing to pay customs fees, the customer is considered to have violated the terms of purchase and accepts financial liability for any losses and expenses incurred by the store as a result. Under circumstances of failing to pay for customs fees, the customer agrees not to hold the store at fault for non-delivery, and forfeits any claim to the goods as well as their original payment concerning the goods.
Note that in some cases goods may be destroyed buy Customs due to a lack of receiver contactability, responsiveness or proactiveness in meeting their customs fees obligations. The buyer is liable any losses and expenses incurred by the store in such circumstances.
The buyer agrees that their failure to pay any applicable customs fees amounts to refusal to receive and abandonment of goods, and in such situations relinquishes any claim to non-delivery.
Not being contactable by Customs officials or not being aware of Customs obligations or protocols do not constitute a valid excuse for non-payment of Customs fees and likewise amounts to forfeiture of payment and goods, under the assumption of abandonment and breach of sales contract. It is the buyer’s responsibility to be proactive and diligent with respect to any Customs fee obligations.
Unavailability for delivery
If the receiving household or business represented in the shipping address is unavailable for the purposes of delivery, and subsequently makes no timely successful effort to co-ordinate re-delivery with the courier, they will have forfeited the goods and effectively refused delivery. In doing so, the customer exclusively accepts the fault for non-delivery and will have forfeited any claim to the goods and reimbursement for the goods. A timely effort is simply defined as one that is sufficiently soon that the courier is still able to help the situation.
Return of accidentally-sent goods
The buyer agrees to cooperate with the store in returning goods that are accidentally sent by the store in error, when requested by the store to do so. The buyer will not make any claims of ownership over goods that have been sent in error by the store, and will do all that is reasonably possible to facilitate the return such goods to the store. If the buyer did not initiate the order, or has come to an agreement with the store to cancel the order before it has shipped, then the buyer is not required to be liable for costs associated with the recall of the goods.
If constomers forgo any insurance options, they accept responsibility for any lost or damaged goods and forfeit any claims to compensation from the store.
Anti-fraud checks against customer information and the forfeit of transaction fees when the outcome is a cancelled order
You – the customer – accept that we will perform internal anti-fraud checks, and you consent to, and will respect the outcome of such anti-fraud checks. In the event of the customer failing these anti-fraud checks, we may cancel and refund goods and shipping costs associated with the order. In this event, the store will retain any transaction fees to cover the costs of the transaction.
Whilst most of our stock is Australian and that is what is intended in spirit by the claim that we trade in Australian stock – there may be circumstances which require the sourcing of stock from abroad.
All store users must, by virtue of using the store, understand and accept all the above terms.
END OF TERMS AND CONDITIONS