Terms & Conditions

Website Terms of Use

  1. About this Website
    • This website is published by Adelaide Dishwasher Services Pty Limited ACN 007 956 667 trading as Adelaide Appliance Gallery of 155 Payneham Road St Peters SA 5069 and Mr Dishwasher of 155 Payneham Road St Peters SA 5069 (“us”, “our”, “we”).
    • Your use of adelaideappliancegallery.com.au (“website”) is subject to these terms of use (“Terms”). If you do not accept these Terms, you must refrain from using this website or making a purchase from the website.
  1. About Adelaide Appliance Gallery
    • Some of the goods and services described in this website are available online and will be available for you to make an offer to Adelaide Appliance Gallery via the website to purchase at the specified price on or before the end date specified in any current promotion or until otherwise removed from the website or as specified, and where Adelaide Appliance Gallery accepts your offer, Adelaide Appliance Gallery will sell the goods or services to you in accordance with the Term and Conditions of Sale.
  1. Website Information
    • Images of goods published in this website without any advertised price beside that image are only offered for sale in store.
    • Photographs are for illustrative purposes only and may vary from goods depicted or described.
    • International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted.
  1. Website Content
    • Adelaide Appliance Gallery may, at any time, add or remove content from this website without notice.
    • Any articles, information or content published on this website must be read subject to these Terms.
    • Although Adelaide Appliance Gallery uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Adelaide Appliance Gallery cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Adelaide Appliance Gallery or by manufacturers or suppliers changing product specifications without notice to Adelaide Appliance Gallery. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
    • The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via our service team.
    • This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Adelaide Appliance Gallery does not in any way represent that Adelaide Appliance Gallery recommends or endorses the relevant advertiser, its products or services.
    • Adelaide Appliance Gallery nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Adelaide Appliance Gallery liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
    • Adelaide Appliance Gallery may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Adelaide Appliance Gallery does not accept any responsibility in connection with your participation in activities conducted by any other party.
  1. Your Use of the Website
    • You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
    • You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
    • You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
    • Adelaide Appliance Gallery may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
    • Adelaide Appliance Gallery may in its sole discretion restrict your access to this website. If Adelaide Appliance Gallery does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Adelaide Appliance Gallery will not be liable to you or any third party for doing so.
    • As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
    • Adelaide Appliance Gallery may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Adelaide Appliance Gallery may withdraw this website, or change or remove website functionality at any time without notice to you.
  1. Intellectual Property Rights
    • You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Adelaide Appliance Gallery, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
    • Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Adelaide Appliance Gallery makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
    • If you correspond or otherwise communicate with Adelaide Appliance Gallery, you automatically grant to Adelaide Appliance Gallery an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
  1. Links to Other Websites
    • This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Adelaide Appliance Gallery’s control and Adelaide Appliance Gallery is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Adelaide Appliance Gallery provides these links to you for convenience only and the inclusion of any link does not imply Adelaide Appliance Gallery’s endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Adelaide Appliance Gallery disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.
  1. Secure Data and Transmissions
    • Given the nature of the internet, Adelaide Appliance Gallery cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Adelaide Appliance Gallery does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Adelaide Appliance Gallery and its third parties take precautions to protect information, Adelaide Appliance Gallery does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Adelaide Appliance Gallery or its third party receives your transmission, Adelaide Appliance Gallery and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our service team immediately.
    • You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Adelaide Appliance Gallery nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
  1. Cookies
    • 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).
  1. Use of Your Information and Material
    • Adelaide Appliance Gallery appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Adelaide Appliance Gallery. Adelaide Appliance Gallery may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
  1. Privacy Policy
    • Adelaide Appliance Gallery’s Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
  1. Disclaimer
    • The use of the information on this website is at your own risk. To the extent permitted by law, Adelaide Appliance Gallery exclude all liability in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third-party claims. If any liability is not able to be excluded by law, each of the Franchisor, each related body corporate of the Franchisor and Adelaide Appliance Gallery limit their liability to the re-supply of the relevant information or services.
    • You agree to indemnify Adelaide Appliance Gallery and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
  1. Governing Law
    • These terms will be governed by and interpreted in accordance with the laws of South Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of South Australia, 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 this agreement, which will continue in full force and effect.
    • If you access the website in a jurisdiction other than South Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Adelaide Appliance Gallery makes no representations that the content of the website complies with the laws of any country outside Australia.
  1. General
    • These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

Adelaide Appliance Gallery Website Terms of Use Version 1.2 October 2018

Terms and Conditions of Sale

  1. About Adelaide Appliance Gallery
    • Your purchase of goods from www.adelaideappliancegallery.com.au (“website”) is subject to these Terms and Conditions of Sale (“Terms”), the Website Terms of Use, the Returns Policy and any promotional terms at any given point of time. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
    • Adelaide Dishwasher Services Pty Limited ACN 007 956 667 trading as Adelaide Appliance Gallery of 155 Payneham Road St Peters SA 5069 and Mr Dishwasher of 155 Payneham Road St Peters SA 5069 (“us”, “our”, “we”) carries on business from the website.
    • Some of the goods and services described in this website are available online and will be available for you to make an offer to Adelaide Appliance Gallery via the website to purchase at the specified price on or before the end date specified in any current promotion or until otherwise removed from the website or as specified, and where Adelaide Appliance Gallery accepts your offer, Adelaide Appliance Gallery will sell the goods or services to you in accordance with the Term and Conditions of Sale.
    • You and Adelaide Appliance Gallery may enter into a sale contract for the sale and supply of products, by you making an offer to Adelaide Appliance Gallery via the website, to purchase goods at the specified price, subject to these Terms.
    • In these terms:
          • “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
          • a reference to a “third party” in these terms includes a reference to any agent or contractor of Adelaide Appliance Gallery, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
          • a reference to the “websites” means adelaideappliancegallery.com.au.
          • “Order” means an offer made by you in response to an invitation to treat made by Adelaide Appliance Gallery via the website.
  1. User Agreement
    • By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
    • These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
  1. Guests and Registered Users
    • You may access and/or use the website as a guest or as a member.
    • To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our service team.
    • You will receive an email from us as soon as practicable after you create your membership account.
    • We only permit one registration per email address.
    • You must not use another members’ account without permission.
    • You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
    • If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our service team.
    • We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
  1. Legal Capacity
    • You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
    • are over the age of eighteen (18) years;
    • accept these terms;
    • agree that you have entered into a legal contract with Adelaide Appliance Gallery in relation to these terms; and
    • these terms, together with your order, constitute the entire agreement between you and Adelaide Appliance Gallery for the supply of products.
    • Adelaide Appliance Gallery reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Adelaide Appliance Gallery may suffer as a result of a transaction entered into by a minor.
  1. Orders
    • We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
    • Representations of products for sale made by Adelaide Appliance Gallery via the website do not constitute an offer to sell but an invitation to treat.
    • You and Adelaide Appliance Gallery 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 confirming the Order details in accordance with the procedure on the website;
      • you making payment in full (plus any applicable delivery charges) on the website; and
      • the acceptance of that offer by Adelaide Appliance Gallery.
    • 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
      • Adelaide Appliance Gallery 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 Adelaide Appliance Gallery 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, Adelaide Appliance Gallery 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;
      • Adelaide Appliance Gallery may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
      • Adelaide Appliance Gallery 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 Adelaide Appliance Gallery 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.
      • If your Order is not accepted by Adelaide Appliance Gallery, Adelaide Appliance Gallery will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
      • Adelaide Appliance Gallery 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 Adelaide Appliance Gallery cannot supply a particular product, Adelaide Appliance Gallery will notify you by telephone or email as soon as possible.
      • Adelaide Appliance Gallery will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from within our St Peters Store.
  1. Price
    • Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
    • Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Adelaide Appliance Gallery.
    • Unless otherwise stated, any accessories shown in any image of products are not included in the price.
    • We reserve the right to correct any errors published on the website.
  1. Payment
    • All payments must be made in full prior to delivery.
    • Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
  1. Delivery
    • Subject to you complying with these Terms and acceptance of your Order by Adelaide Appliance Gallery, Adelaide Appliance Gallery will sell and supply the products to you as shown on your Order confirmation.
    • Products may not be available for immediate delivery. Adelaide Appliance Gallery will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is out of stock from any given manufacturer.
    • Before you complete your Order you will be given a list of delivery options such as local pickup from our St Peters store, free delivery or postage.
    • Adelaide Appliance Gallery & Mr Dishwasher offer a FREE Delivery Service to our customers where possible.
      • This is made possible by utilising our fleet of employees in the field repairing and installing appliances in the metropolitan area.
      • To qualify for a free delivery, the delivery address must be within 40 KM of the Adelaide CBD and the order must be greater than $40 in value.
    • Other than in respect of Orders for furniture, regional or remote areas, if Adelaide Appliance Gallery gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Adelaide Appliance Gallery will arrange for a full refund of any payment made by you to be processed.
    • Delivery times may be greater than 10 business days for regional or remote areas.
  1. Delivery by Post or Carrier
    • The terms of this clause apply where you select to have your goods delivered to a specified address.
    • The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
    • On receipt of your Order by Adelaide Appliance Gallery, your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
    • If you Order large or bulky items, Adelaide Appliance Gallery will contact you by telephone or email to arrange with you a suitable time for delivery.
    • If you wish to change the delivery date or delivery address you must let our Sales Team know as soon as possible.
    • Adelaide Appliance Gallery will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Adelaide Appliance Gallery does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
    • You must advise at the time you place your Order via the website or later when you discuss delivery with Adelaide Appliance Gallery, 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.
    • Adelaide Appliance Gallery & Mr Dishwasher use Australia Post to deliver products where it is not possible for us to deliver ourselves. Delivery rates are calculated using Australia Post’s API.
    • Adelaide Appliance Gallery cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
  1. Installation
    • Standard installation includes connection to existing services (power, water & cabinetry) and 60 minutes of labour provided that there are no stairs, steps or access issues.
    • Fees apply for any additional parts and/or labour as required.
    • Additional labour is charged at $35 per 15-minute increment.
    • Workmanship is guaranteed for 30 days. All installations are to be periodically checked for leaks by customer or tenant.
    • Installation issues must be reported inside 7 days.
  1. 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.
  1. PayPal and credit card fraud
    • The website employs the latest in Secure Sockets Layer technology from PayPal secure payment gateway to secure our payment systems.To the extent permitted by law, Adelaide Appliance Gallery will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
  1. Disclaimer and Indemnity
    • To the extent permitted by law, Adelaide Appliance Gallery exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
      • errors, mistakes or inaccuracies on the website;
      • you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
      • personal injury or property damage of any kind resulting from your access or use of the website;
      • any unauthorised access to or use of the websites secure servers;
      • any interruption or cessation of transmission to or from the website;
      • any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
      • the quality or fitness for any purpose of any linked sites.
    • Except as expressly provided in these terms, and to the fullest extent allowed by the law, Adelaide Appliance Gallery and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
    • You will at all times indemnify, and keep indemnified, Adelaide Appliance Gallery, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
  1. Order Enquiries
    • If you have any query about the progress of your Order please contact the Sales Team. Please have your Order number handy as shown on the email confirmation.
  1. Returns Policy
    • If any product ordered by you arrives damaged or is not of acceptable quality you may have:
      • rights under our Returns Policy ;
      • legal rights and remedies in Australia under the Competition and Consumer Act2010 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.
    • If your Order arrives damaged, please contact the Sales Team.
  1. Privacy and Personal Information
    • Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
  1. Force Majeure
    • Adelaide Appliance Gallery 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.
  1. Governing Law
    • These terms will be governed by and interpreted in accordance with the laws of South Australia, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of South Australia, 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 this agreement, which will continue in full force and effect.If you access the website in a jurisdiction other than South Australia, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Adelaide Appliance Gallery makes no representations that the content of the website complies with the laws of any country outside Australia.
  1. Severability
    • If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Adelaide Appliance Gallery.
  1. Transfer and Assignment
    • If Adelaide Appliance Gallery merges, sells or otherwise change control of its business or this website to a third-party, Adelaide Appliance Gallery reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Adelaide Appliance Gallery has collected from you and any agreements it has made with you
  1. Waiver
    • The failure by Adelaide Appliance Gallery 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 Adelaide Appliance Gallery.

Adelaide Appliance Gallery Terms and Conditions of Sale Version 1.3 June 2019

 

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