Arisit Pty. Limited / Capital Brand Terms & Conditions of Sale
This website, Websites listed below and channels (“Website”) are offered to you by Arisit PTY LTD (“Arisit”) 40-50 Mark Anthony Drive, Dandenong South VIC 3175.
Arisit Websites (“Website”)
All products sold in person at Arisit (40-50 Mark Anthony Drive, Dandenong South, VIC 3175) any other applicable sale directly from Arisit to a customer.
Any Product Being supplied via an online marketplace such as, however, not limited to:
- All products listed by Arisit on eBay (ebay.com.au)
- All products supplied through Catch Marketplace (catch.com.au)
- All products supplied through Kogan (kogan.com.au)
- All products supplied through MyDeal (mydeal.com.au)
The following Terms and conditions govern your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the “Content”) and to specific content, data, materials or transactions concluded through this Website. Such specific terms may be in addition to these Terms and conditions or, where and then only to the extent expressly specified, may supersede these Terms and conditions.
2. Acceptance of Terms and conditions
Please read these terms carefully before using the Website. The Website may be used for informational purposes only. By using the Website or downloading materials from the Website, you agree to follow these terms and conditions and all of our terms, conditions and policies set out or otherwise referenced on the Website (Terms). If you do not agree to these Terms, please exit the Site. By accessing the Site, you indicate your agreement to be bound by these Terms.
3. Modification of Terms and Conditions
These Terms and conditions may be amended by Arisit at any time. Such amended Terms and conditions shall be effective upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Arisit Website may have their own terms and conditions which apply to such Website.
Arisit reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice. Arisit reserves the right to restrict, refuse or terminate the access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, CONTENT, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. ARISIT AND ITS PARTNERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT.
Arisit and its partners, licensors, distributors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting or any third party services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Arisit are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or devices or loss of data that results from the download of any such material.
A reference to anything in these Terms and Conditions is a reference to the whole and each part of these Terms and Conditions.
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
7. Limitation of Liability
IN NO EVENT SHALL ARISIT OR ANY OF ITS PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE, THE CONTENT EVEN IF ARISIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF ARISIT.
8. Third Party Content/Software
Arisit is in no way responsible for the content of any site owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms and conditions. Any link on our Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility for the foregoing.
9. Copyright and Trademarks
Copyright and all other proprietary rights in Content and the Website provided by Arisit and its partners, the software to operate and publish the Website, the compilation of data on the Website, and the order, sequence and arrangement of this Website, all belong to Arisit and/or its partners or licensors. All rights in the Content and the Website not expressly granted herein are reserved.
The use and registration of the Arisit name is exclusively reserved to Arisit. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Arisit name or any name similar thereto or any name which consists of a part of the Arisit name forms part nor shall it include any other registered trademark owned by Arisit.
10. Shutdown of Site
We have the sole right to shut down the Website or any part(s) thereof for any reason at any time without notice or consent. We will have no responsibility or liability for any loss arising from the Shutdown of the Site.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect. If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Arisit makes no representations that the content of this website complies with the laws of any country outside Australia.
12. Product Specifications and Descriptions
Features, descriptions and specifications outlined by Arisit and its partners, licensors, distributors and suppliers are subject to change without notice. The features, descriptions and specifications listed on a product are agreed to by the customer at the moment of their purchase.
The orders referenced in this section of Arisit’s Terms and Conditions as well as the Arisit Returns Policy are applicable only to orders placed directly with Arisit using any of the avenues outlined in paragraph 1.1. These terms and conditions DO NOT apply to purchases made through one of our authorised retail partners such as Harvey Norman, E&S, Winning Appliances etc. For orders placed through a retail partner, (including directly through their website) please refer to their applicable terms and conditions of sale.
By placing an order with Arisit through any of the avenues outlined in Paragraph 1.1, the customer enters into an agreement to purchase the product(s) outlined in your order.
We recommend you carefully preview any proposed Orders, before proceeding with your Order.
Representations of products for sale made by Arisit via the website do not constitute an offer to sell but an invitation to treat.
You and Arisit may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
- placing an electronic Order for the products using the website;
- you are confirming the Order details in accordance with the procedure on the website;
- you are making payment in full (plus any applicable delivery charges) on the website; and
- the acceptance of that offer by Arisit.
Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
- any requirements set out in these terms have been met;
- the electronic instruction containing the offer from you enters and is recorded in our database;
- a record is created and stored in our database; and
- Arisit receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
You acknowledge that:
- the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Arisit for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
- to the extent permitted by law, Arisit is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- Arisit may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Arisit may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
You will receive an email from Arisit as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Sales team on 1300 762 219.
If your order is not accepted by Arisit, Arisit will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
Arisit may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Arisit cannot supply a particular product, Arisit will notify you by telephone or email as soon as possible.
14. Order Enquiries
If you have any query about the progress of your order, please contact the Sales Team on 1300 762 219. Please have your order number handy.
Arisit cannot assist with queries relating to orders placed directly Arisit’s retail partners. For orders placed with retail partners website or directly through the retail partner please contact the Retail partner directly.
15. Legal Capacity
You must be eighteen (18) years of age or purchase products from the website.
It is the customer’s responsibility to check all correspondence regarding the order from Arisit. Arisit accepts no responsibility for delays and additional costs caused by the customer not responding to communication.
It is the customer’s responsibility to ensure that the correct delivery address and contact details are supplied to Arisit. The customer agrees that any delays, additional costs or faults due to supplying incorrect information is no fault of Arisit and may incur additional charges.
Arisit reserves the right to decline to enter into a purchase agreement with any customer at any time.
Arisit accepts no responsibility for delays caused by circumstances beyond our reasonable control that have occurred once the product(s) have been dispatched from our warehouse.
16. Supply and Delivery
Subject to you complying with these Terms and acceptance of your Order by Arisit, Arisit will sell and supply the products to you as shown on your order confirmation.
Arisit endeavours to ensure that all our products and orders are delivered in a prompt manner. Due to external factors outside of our reasonable control there may be some delays. Arisit accepts no responsibility for the inconvenience or loss suffered as a result of these delays.
Products may not be available for immediate delivery. Arisit will endeavour to deliver your order to you as soon as practicable, except if the Order is for a Bespoke item or an item which has special conditions attached to its purchase, not set out in these terms and conditions and superseding these terms and conditions.
Bespoke or special-order items may have special terms and may not be covered under these terms and conditions. Arisit will inform you on receipt of your order to notify you of the indicative delivery date and or any special terms.
Victorian Customers only, when you complete your order you may choose to collect your Order from Arisit, Dandenong South warehouse. All other orders will be dispatched as per paragraph 16.2 and delivered to the address specified by you.
Other than in respect of Orders for Bespoke or Special order items, If Arisit gives you notice that it will be unable to deliver your Order as per paragraph 16.2 or due to lack of stock, you may cancel your Order without charge, and Arisit will Issue a full refund of any payment made by you to be processed.
Delivery times may be Extended for regional or remote areas.
Arisit does not deliver products to PO boxes and reserves the right to cancel orders where a valid residential Australian address is not supplied.
You must advise at the time you place your order via the website or via the Sales Team over the Phone, Email, or any other electronic communication or later when you discuss delivery with Arisit, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state, the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
All deliveries are completed by non-tailgated vehicles. Customers will need to arrange the unloading of any products from these vehicles on their own behalf. All deliveries are made to street level, loading dock or kerb side. Products will not be delivered upstairs, lifts or ramps. Refer to Paragraph 16.8.
Arisit cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
Arisit accepts no responsibility for loss or related damage or faults where customers have given written authority for products to be delivered without a signature. This will void all insurance cover.
Title and Risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
18. Damaged or Faulty Products and Refund Policy
If any product ordered by you arrives damaged or is not of acceptable quality, you may have:
- legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
- to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
Arisit will repair, replace or refund faulty goods at its own discretion and in accordance with the relevant Warranty Terms and Conditions. For Warranty information please call Arisit Warranties on 1300 762 219 or Email: firstname.lastname@example.org or visit https://www.arisitwarranties.com.au/
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
It is the customer’s responsibility to contact Arisit to notify of damaged, faulty goods or missing components within 14 days of receiving their product(s) to organise a return. If contact is made outside of this time, Arisit reserves the right to refuse a return, exchange or refund.
All refunds and partial refunds may take up to 10 business days to be processed from the date of Arisit receiving the stock back.
Your item must be in its original packaging and unused for a return to be accepted. You must retain a return authority form and number from Arisit prior to returning the item and within 14 days of receiving the goods.
To undergo a return, customers must:
Email email@example.com with details of your purchase including the original receipt.
Once approved, you will receive a return email with the return authority number
Return the goods to the specified address in the products original condition
Follow any other requests as specified by Arisit.
It is the customer’s responsibility to read and be aware of the Arisit Returns Policy
Factory Seconds Stock
By purchasing factory seconds stock, all customers accept that this stock is not in brand new condition. Arisit endeavours to provide a clear and accurate description of the state of any product sold to the customer where requested by supplying images, videos, descriptions or offering to display product(s) to customers in person. It is ultimately the customer’s responsibility to request this information regarding the condition of the product(s) they are purchasing. Where evidence is not requested or supplied, the customer accepts that minor flaws or defects not affecting the described operation of the product(s) may be present.
Arisit reserves the right to refuse a repair, exchange or refund of an item where a customer wishes to return a factory second, ex-display, carton damaged or refurbished item due to a fault, defect or flaw that was outlined prior to the sale.
20. Force Majeure
Arisit will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, Pandemics, declarations of State of Disaster and or act of war.
The headings of the sections of the Terms and conditions are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms and conditions.
The failure by Arisit to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Arisit.
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