1. Agreement
1.1. These Terms and Conditions apply to you, the Website user and your usage of the Fiori Website and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
2. Interpretation
2.1. In these Terms and Conditions:
“Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
“Customer” means the person or legal entity identified in a Fiori quote, invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an Order.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Fiori” means Fiori Appliances Pty Ltd (ACN 111 142 511)
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
“Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
“Products” means any items listed on the Website (for sale or otherwise), including extended warranties.
“Website” means the internet site located at the URL www.fiori.com.au and operated by Fiori.
2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
3. Site Use
3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Fiori will not be responsible for the content or privacy practices associated with linked web sites.
3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Fiori takes no responsibility for any such damage which may arise in connection with your use of the Website.
4.1. All prices listed on the Website are in Australian dollars unless otherwise specified.
4.2. All prices listed on the Website include GST unless otherwise specified.
4.3. All prices displayed on the Fiori website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
4.5. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase.
5.1. Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2. All weights and dimensions mentioned are approximate.
6.1. You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.
6.2. Orders will be deemed to have been received by Fiori at the time Fiori sends an Order confirmation to your nominated e-mail address.
6.3. Fiori will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4. Each Order (once confirmed) represents a separate agreement.
6.5. Fiori reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
6.6. Fiori, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale.
6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
6.8. Fiori reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
6.9. Fiori accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
7.1. You may provide your nominated credit card during the purchase process described on the Website.
7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale.
7.3. If your nominated payment method triggers Fiori internal suspect transaction protocols, Fiori may contact you to confirm additional details, or rescind the transaction.
8. Delivery and ownership of the goods
8.1. Fiori tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Fiori does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Fiori and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
8.3. Fiori will not deliver Goods to PO Box addresses.
8.4. Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
8.5. Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
8.6. Fiori’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday)
8.7. Fiori is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Fiori’s nominated Courier Company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Fiori to a customer in relation to delivery will be from a third party, and as such Fiori will not guarantee the accuracy of such information.
9.1. Fiori will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and the applicable Standard Warranty.
9.2. Where a Good is faulty within the first 7 days after delivery or is already damaged on delivery, and the customer notifies Fiori of that fault within the first 7 days after delivery, then Fiori will:
(a) Replace the faulty Good with a new replacement; or
(b) If Fiori is unable to provide a new replacement, Fiori will refund the customer the purchase price including the Delivery Cost.
(c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the Delivery Cost.
(d) The 7 Day period will commence on the date that the customer accepts delivery of their Fiori product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product.
Outside of this 7 Day period, faults will be dealt with in accordance with the terms and conditions of the applicable Fiori Standard Warranty.
9.3. Where Goods are already damaged on delivery, Fiori requires photographic evidence of the damage to be e-mailed to info@fiori.com.au before authorising return of the Goods.
9.4. Fiori reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 9. Fiori reserves the right to have a Good assessed by an authorised repair centre of Fiori’s choice.
9.5. Fiori may seek reimbursement of any costs incurred by us when the Product is found to be in good working order.
10.1. Other than in accordance with Fiori’s 7 Day Money Back Guarantee, Fiori does not provide refunds.
10.1. Other than in accordance with clause 9, Fiori will only accept the return of Goods that have been supplied incorrectly.
10.2. In order to facilitate a return under these Terms and Conditions, e-mail info@fiori.com.au
10.3. The customer must comply with directions from Fiori staff to facilitate a return.
10.4. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
10.5. It is the customer’s responsibility to ensure that returned items are returned safely. Fiori takes no responsibility for items lost in transit.
11.1. Each Product sold on the Website is covered by the Fiori Standard Warranty
11.2. To the extent permitted by law, the warranties referred to in clause 11.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
11.3. Fiori will carry spare parts for each product for the length of the Standard Warranty period. Fiori does not guarantee the availability of spare parts outside of this period. Where a Product is outside of warranty, Fiori reserves the right to refuse to supply spare parts where limited stock is available.
11.4. Certain legislation may imply warranties or conditions or impose obligations upon Fiori which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Fiori is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired.
11.5. Extended warranties are available for purchase for some Fiori Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products.
11.6. Where an Extended Warranty is purchased, it will replace the Fiori Standard Warranty with the extended warranty period
12.1. All Intellectual Property in any Material on the Website is the property of Fiori. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
13.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Fiori which are connected with, arise out of, relate to or are incidental to the use of the Website.
13.2. You agree to indemnify and to keep indemnified Fiori and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Fiori arising out of or in connection with the your use of the Website and the use of any Fiori Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
14.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Fiori (in negligence or otherwise) is limited (at the option of Fiori) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Fiori shall not be held liable for any indirect or consequential loss.
14.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Fiori (in negligence or otherwise) is limited (at the option of Fiori) to these Terms and Conditions and those listed in related Fiori warranties.