This document sets out the terms and conditions of the Warranty (‘Warranty’) provided by www.uglychristmassweaters.com.au (‘we’, ‘us’, ‘our’) for the Products.
AUSTRALIAN CONSUMER LAW
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.
‘Failure’ means a sudden and unforeseen breakdown of the Product, arising from a mechanical or electrical fault. However, they do not include breakdowns caused by fair wear and tear, and those faults listed in the ‘What’s excluded’ clause of these Terms and Conditions.
‘Manufacturer’ means the manufacturer of the Product. To be clear, we are an importer and reseller of the Product, not the manufacturer.
‘Manufacturer’s Warranty’ means the voluntary warranty for parts and/or labor provided by the manufacturer of the Product.
‘Original Purchase Price’ means the amount paid by you to us to purchase the Product, as recorded on the original purchase receipt or tax invoice for your Product (less any discounts, cashback offer paid, and any other applicable reductions to the price if not shown on the receipt or tax invoice).
‘Product’ means the Knitted Wears (Christmas Sweaters, jumpers, jumpsuits, hats) imported by us into Australia and sold in Australia by us to you.
‘Terms and Conditions’ mean these terms and conditions governing this warranty.
‘Warranty’ means the warranty applicable to the Product detailed in these Terms and Conditions.
2. ELIGIBILITY FOR THE WARRANTY
- This Warranty is only available if the Product:
- is purchased new (subject to rights of transfer referred to in clause 8 under the heading ‘Transfer’); and
- at the time you originally purchase it, it includes a Manufacturer’s Warranty valid in Australia.
- This Warranty is valid for the period detailed on your purchase receipt and commences from the day any part of your Manufacturer’s Warranty expires, unless you cancel this Warranty at some earlier point in time.
- We agree to offer this Warranty for 12 months from the date of your purchase of the Product.
3. WHAT’S EXCLUDED?
This Warranty does not cover any of the following:
- a fault brought to your attention before you purchased the Product;
- faults caused by:
- negligence, accidental or deliberate misuse, or unauthorized alterations (unless committed by us);
- failure to follow the manufacturer’s instructions for usage, operation, cleaning, or maintenance;
- external sources, including but not limited to by third-parties, electrical interference, or after-market accessories;
- infestations of vermin, pests, or insects;
- acts of God or man-made catastrophes; or
- water damage, rust, or corrosion;
- repairs to:
- cosmetic aspects of the Product, such as decals, paints, and other finishes, which do not affect the functional operation of the Product; or
- accessories used in or with the Product unless those accessories are covered under a separate Warranty;
- cost of replacement of any consumable items required for use with the Product, such as batteries;
- repair or replacement of tires for any reason;
- loss, damage, or costs incurred as a result of:
- damage to or loss of software or data caused by the Failure of the Product;
- damage from batteries, or other consumables, internal or external to the Product;
- puncture or wear of tyres;
- using the Product for purposes other than for personal, domestic, or household use;
- the consequence of not being able to use the Product following Failure of the Product;
- transportation, installation, or removal of the Product or any replacement Product supplied by us, except freight costs as provided in clause 8 under the heading ‘How to make warranty claims’.
- Loss, damage, or costs incurred where no Failure is identified;
- any claim against you by any third-party for nuisance or any breach of environmental laws and regulations;
- normal maintenance costs, cleaning, lubrication, or external adjustments;
- the Product if it is recalled by the manufacturer or a government agency;
- any claim against you by any third-party, including for personal injury or damage to property; or
- any claim by you for personal injury or damage to property.
4. REPAIR AND REPLACEMENT TERMS
- In the event of a Failure of the Product covered by the Warranty, we will, at our sole discretion:
- provide you with remote guidance on fixing the Failure;
- dispatch a new part with which to replace a faulty part of the Product causing the Failure;
- receive and repair the Product or the parts of the Product causing the Failure, at our designated facility; or
- if we decide the Product or its parts are unable to be repaired or that it is uneconomical to do so, replace the Product with another Product of the same or similar specification.
- We will repair or replace the Product or relevant parts with the same or equivalent Product or parts. If the Manufacturer or their agents only offer a refurbished part or product swap facility, we may replace the Product with a refurbished Product of the same type rather than repairing it. For the purposes of this Warranty, the replacement in this instance will be deemed a repair. Refurbished parts may be used to repair the Product at our sole discretion.
- Where we have elected to replace a Product, and a Product with equivalent specifications as determined by us is unavailable, we may elect to refund you up to the value of the Original Purchase Price. No replacement Product or refund will exceed the Original Purchase Price of your Product. The replacement Product we supply may have a lower selling price and is not limited to the Manufacturer of the original Product.
- Where we have replaced the Product or any part of it, your Warranty in respect of the Product (if the Product was replaced) or the replaced part (if only a part was replaced) will immediately expire, and the faulty Product or parts replaced become our property.
5. FALSE OR EXAGGERATED CLAIMS
We may refuse to action a claim under this Warranty or reduce the benefits available to you in respect of the claim, if, in our reasonable opinion, you make any misrepresentation or commit any fraudulent or dishonest act or omission in connection with the claim.
6. CHANGE OF MIND
We will not provide a refund or replacement if you change your mind.
- You must ensure that you make a firm decision about the Product you buy and ensure that the Product suitable for your purposes.
- In the event that we, at our absolute discretion, allow a refund or replacement due to your change of mind, you acknowledge that you will be required to pay 10% of the Original Purchase Price for our administration costs.
7. NOT A PERFORMANCE GUARANTEE OR INSURANCE
This Warranty is not a guarantee of performance or an insurance policy. We are not an insurer.
8. HOW TO MAKE A WARRANTY CLAIM
- To make a claim under this Warranty, please:
- contact us by emailing firstname.lastname@example.org detailing the Failure;
- once you receive an acknowledgement from us, arrange for transport of the Product or faulty part to us (unless we inform you otherwise).
- If you make a claim within 30 days of the date of the purchase of the Product, we will:
- arrange for pick-up of the Product or faulty part by a courier, in which case:
- you must follow our instructions for correct labelling and packaging of the Product or faulty part;
- you acknowledge that we cannot arrange a fixed time for pick-up – you may need to leave the correctly labelled package at a safe place for pick-up; or
- if courier pick-up is not possible, reimburse you the cost to courier or freight the Product from your nomination location to us;
but we will not be obliged to do either of the above, so if we reasonably determine that the claim is excluded under clause 3 or is false or exaggerated under clause 6 of these Terms and Conditions.
- If you make a claim after 30 days of the purchase of the Product, you must arrange for shipment of the Product to our facility specified in our Warranty claim confirmation email, at your own cost.
- This Warranty is for your benefit only.
- No benefits will be given to anyone else unless we agree to transfer the Warranty to another person due to your request. You can transfer your Warranty to a new owner of the Product at no cost to you. To organise the transfer, please email us at email@example.com
- This Warranty shall not be taken to be transferred to another person, until and unless we have confirmed the transfer in writing.
10. CANCELLATION OF THIS WARRANTY
- You may cancel your Warranty at any time by emailing us your cancellation request to firstname.lastname@example.org
- We have the right to cancel your Warranty if you commit a material breach of these Terms and Conditions, you have given any false information to us when submitting a claim or otherwise, or for any other reason allowable by law. We will provide you with written notice of the cancellation.
11. LAW AND JURISDICTION
This Warranty is governed by the laws of the State of Victoria, Australia. You and we agree to submit to the exclusive jurisdiction of the courts and tribunals operating in the State of Victoria, Australia, in relation to any dispute arising from this warranty.