TERMS AND CONDITIONS FOR "DIRECT IMPORT" GOODS
Your use of this website constitutes a legally binding contract between you and Harvey Norman Trading (Ireland) Limited ("HNI") upon these terms and conditions. These terms and conditions apply to each order, sale by HNI to you of Direct Import Goods, and the fulfilment and delivery of those Direct Import Goods by HNI to you. By placing an order for Direct Import Goods from Harvey HNI at the Website you agree to these terms and conditions ("Terms")
You must read the Terms carefully before placing any order. The Terms govern the ordering, sale, processing, fulfilment and delivery of Direct Import Goods by HNI to you
In these terms, the following expressions have the following meanings:
"Accepted Order" means an Order which is accepted by HNI.
"Direct Import Goods" means goods specified or described on the Website and available for sale by HNI to you through the Website.
"Game" means a game comprised in Direct Imported Goods the subject of an Accepted
"Order" means an order for Direct Import Goods placed by you to HNI through the Website.
"Taxes" includes any taxes (including goods and services tax and other value added taxes), levies, imposts, charges and duties (including stamp and transaction duties, import and export duties)imposed by any authority together with any related interest, penalties, fines and expenses in connection with them in relation to a transaction contemplated under these Terms.
"Website" means this website at www.harveynormandirectimports.com
2. YOUR LEGAL RIGHTS
Your purchase of Direct Import Goods from HNI will be subject to certain laws including, without limitation, the Australian Consumer Law.
The Australian Consumer Law provides you with certain rights in respect of a purchase and importation of Direct Import Goods by you that cannot be limited or excluded., Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. PRICING & TAXES
3.1 Prices for Direct Import Goods are as specified on the Website.
3.2 All prices quoted are in Australian dollars and are exclusive of any applicable Taxes. Additional Taxes may be payable by you.
3.3 In addition to the price for the Direct Import Goods the subject of an Accepted Order, you must pay a delivery charge of $3.95 per individual game the subject of the Accepted Order. The delivery charge will appear in your Shopping Cart. The delivery charge is subject to variation without notice.
3.4 By placing an Order you agree to pay the price for the Direct Order Goods and the applicable delivery charge.
3.5 HNI reserves the right to change the prices of Direct Import Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price is changed before your Order is accepted by HNI.
3.6 Taxes may be levied with respect to the goods the subject of an Accepted Order by any one or more of the tax or customs authorities in Australia , the United Kingdom and Republic of Ireland or other jurisdiction ,from which the goods the subject of an Accepted Order are shipped. You will be the importer of the goods for the purpose of customs and border processing and, as the importer of the goods, you are liable to pay such Taxes to the relevant authority in addition to your payment to HNI of the price and delivery charge for the goods the subject of any Accepted Order. It is your responsibility to determine whether Taxes apply in Australia or the country from which the goods the subject of an Accepted Order are shipped. You agree that HNI is not liable to you with respect to any cost, penalty, loss, damage, or expense that you incur as a result of your obligation to pay Taxes in any jurisdiction. It is recommended that you read information from the Australian Customs and Border Protection Services (http://www.customs.gov.au/site/page5549.asp#Duty), to better inform yourself of your obligations for compliance and Taxes arising out of an Accepted Order.
3.7 All Direct Import Games will come with an English language cover and instruction manual.
3.8 Game Play may vary from Australian versions due to the variation between British and Australian censorship laws.
3.9 Games will normally play on Australian manufactured gaming consoles. If your console or unit was purchased overseas or has been modified, not in accordance with the original operating specifications of the manufacturer, your Games may not play correctly. If in doubt, you should consult the manufacturer of the console. Unless a Game is not of acceptable quality or fails to operate due to a major failure, subject to law, HNI, ,accepts no responsibility for providing a replacement or refund if your console does not play the Game.
3.10 Game covers and instruction manuals may vary from their Australian counterparts.
4.1 You can place an Order by following the instructions on the Website.
4.2 You may only place an Order if you are over the age of 18 and resident in Australia. By placing an Order, you confirm to HNI that you are 18 years and over in age. Direct Import Goods will only be delivered to an address in Australia and will not be delivered to PO boxes.
4.3 All Direct Import Goods are located outside Australia when an Order is placed by you.
4.4 Each Order that you place if accepted by HNI, will be a separate and binding agreement between you and HNI with respect to the supply of the Direct Import Goods, the subject of the Order and subject to these Terms.
4.5 You acknowledge that all goods the subject of an Order is intended by you for personal, domestic, non-commercial use only.
4.6 If you place an Order for someone else to receive the Direct Import Goods you must obtain their consent before providing us with their personal information and, by placing an Order, you confirm to HNI that you have done this.
4.7 You represent and warrant to HNI that all information provided by you in relation to an Order is complete, true and accurate.
4.8 It is recommended that you review your Order carefully (including the quantities ordered) before submitting it as Orders cannot be changed or cancelled once an Order has been accepted by HNI.
4.9 Subject to law, (including, without limitation, the Australian Consumer Law), HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of information provided by you in relation to an Order (such as the delivery address) being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by HNI.
4.10 An Order submitted by you is an offer by you to purchase the goods the subject of the Order for the price plus the applicable delivery fee as shown at the time of submission of your Order. You must also pay any applicable Taxes in accordance with these Terms. HNI may accept or reject your offer in its absolute discretion.
4.11 Where you place separate Orders, the Game the subject of each Accepted Order will be delivered separately and a separate delivery fee will apply to each Game. HNI cannot consolidate separate Accepted Orders into one delivery.
4.12 Where you order more than one item in one Order all Games the subject of an Accepted Order will be dispatched together in one package.
4.13 The internet can be an unstable and sometimes insecure marketplace. At times the facility to place Orders may not be available, your Order might not be received, may be lost or misdirected, or your Order might be delayed. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of any of the above circumstances.
5. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
5.1 When you submit an Order you will receive an Order reference number. This is not a confirmation that your Order has been accepted.
5.2 Following receipt of an Order, HNI will contact you by email to let you know if your Order has been:
(i) accepted subject to payment; or
(ii) put on hold because stock is not currently available. HNI will undertake to do this within 5 business days (Monday – Friday 9 am to 5 pm the Republic of Ireland time) of your Order being placed.
5.3 Where HNI informs you that your Order is on hold because stock is not currently available, HNI will give you the choice of:
(i) keeping your Order open; or
(ii) cancelling your Order. If you keep your Order open then:
(a) if the Goods that you have ordered become available for dispatch within 5 days, then HNI will automatically accept your Order, subject to payment, and notify you that it has done this and will process your payment; and
(b) if the Goods that you have ordered do not become available for dispatch within 5 days, then HNI will automatically cancel your Order and will notify you that it has done this.
5.4 When HNI accepts an Order it represents an agreement by HNI to supply the Game to you in accordance with Accepted Order subject to these Terms and receipt of the price for the Game from you.
5.5 HNI will not process payment for your Order until it has sent an email confirming that your Order has been accepted subject to payment.
5.6 You must pay for goods the subject of an Accepted Order by credit card (Visa or MasterCard). The name on the credit card must match the name on the Order. By providing your credit card you authorise HNI to charge and deduct the price and the applicable delivery charge from such card.
5.7 HNI reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion. In addition, HNI may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
(a) where our fraud detection systems detect possible irregularities;
(b) because your financial institution has declined payment; or
(c) because your payment card has expired. Where this is the case, HNI will contact you to confirm certain information or arrange payment by another method. If you are unable to comply with our requests within the timescale specified HNI may cancel your Order.
5.8 Direct Import Goods the subject of an Accepted Order will not be dispatched to you until your payment has cleared And the price for those Direct Import Goods has been paid. If your payment cannot be processed, your Order will be rejected and HNI will notify you by email of the rejection.
6. CANCELLATION OF ORDERS
6.1 HNI reserves the right to cancel, at any time before delivery, any Accepted Order. HNI may do this for example, but without limitation, where:
(a) a supplier to HNI is unable to supply goods that the supplier has previously promised to supply;
(b) a force majeure event such as storm, fire, flood, terrorism, power failure, war, strike or failure of computer systems means that HNI is unable to supply the Direct Import Goods within a reasonable time; or
(c) the Direct Import Goods ordered were subject to an error on the website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
6.2 You may cancel your Order where HNI:
(a) has breached a material term of an Accepted Order;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time advertised on the Website or these Terms other than a result of any delay:
(i) for which you are wholly or partly responsible such as a delay as a result of your liability to pay Taxes;
(ii) was outside the control of HNI; or
(c) in the circumstances set out in Clause 5.3.
6.3 In the unlikely event of HNI or you properly cancelling your Order in accordance with these Terms, after payment has been processed, HNI will refund any money paid in respect of that Order. Clause 10 of these Terms sets out further information about refunds.
6.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these Terms HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of cancellation of any Accepted Order.
7. AVAILABILITY OF GOODS
7.1 HNI uses reasonable endeavours to ensure that all Direct Import Goods shown on the Website are available for sale and dispatch.
7.2 As HNI orders Direct Import Goods from its supplier outside of Australia upon receiving an Order, and does not hold Direct Import Goods in stock, HNI cannot guarantee availability of Direct Import Goods at all times. You acknowledge and agree that, from time to time, certain goods may be out of stock or unavailable. HNI reserves the right to withdraw or suspend from sale any Direct Import Goods displayed on the Website either temporarily or permanently at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law),HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of the unavailability of any Direct Import Goods at any time.
8.1 Risk and title in Direct Import Goods the subject of an Accepted Order passes to you on the date and time of delivery of the goods to the nominated delivery agent of HNI in the country of export.
8.2 HNI will arrange delivery on your behalf of your Accepted Order through the nominated delivery agent of HNI direct from overseas supplier of HNI .Goods will be delivered to the address specified in your Order.
8.3 Following dispatch of your Direct Import Goods, HNI will email you with an invoice from its delivery agent.
8.4 You acknowledge and agree that you are, and will hold yourself out to be, the importer on record with respect to the delivery of the Direct Import Goods the subject of an Accepted Order and that delivery of your order is subject to satisfactory inspection and clearance of goods by customs authorities in Australia and any other relevant jurisdiction.
8.5 On delivery you may be required to sign a proof of delivery document and provide photo ID evidence of your identity. If you are not available to take delivery the nominated delivery agent of HNI will contact you to arrange re-delivery.
8.6 If you require Direct Import Goods that you have ordered to be re-directed to an address which is not the original Order address HNI will charge you a reasonable fee for doing this.
8.7 Normally, the Direct Import Goods will reach you within 5-21 days of acceptance of your Order. However, you agree and acknowledge that, from time to time, this may not be achievable.
8.8 You agree and acknowledge that:
(a) HNI does not guarantee that delivery will occur in the timeframes set out in clause 8.7 above;
(b) events outside the control of HNI including, without limitation, inspections and clearance by customs and/or tax authorities in Australia, may cause delays, or in some circumstances, prevent your goods from being delivered; and
(c) except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, the Australian Consumer Law), each of HNI and the servants and agents of HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of any delay in delivery of goods to you, other than as expressly set out in these Terms.
9. RETENTION OF YOUR RECORDS
9.1 The law requires you to retain all paperwork relating to your import of Direct Import Goods for a period of five years. This includes:
(i) your invoice; and
(ii) the shipping label contained in the pouch attached to the outside of the box that your Goods are delivered in. You are also likely to need this paperwork if you need to have the Direct Import Goods repaired or replaced.
10. REFUNDS OF YOUR MONEY
10.1 Where HNI is obliged to refund your payment pursuant to these Terms and Conditions, HNI will notify you by email that your payment will be refunded.
10.2 HNI aims to initiate your refund within 5 business days (Monday – Friday 9am to 5 pm Republic of Ireland time).
10.3 The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
10.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), HNI will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a result of any delay in you receiving any refund due to you.
11. RETURNS/FAULTY OR DAMAGED GOODS
11.1 You should check your Direct Import Goods as soon as they are delivered to you in order to ensure that:
(i) they are what you ordered; and
(ii) they are not damaged or faulty. If this is not the case you should contact HNI as soon as possible.
11.2 If you have a problem with any Direct Import Goods or otherwise wish to return them please refer to the Returns Policy of HNI which forms part of these Terms. Please note the
following that apply specifically to Direct Import Goods:
(a) Email your request for a refund or a replacement to the nominated address on the Website. You will be sent details of where the goods need to be returned to after which the new order containing the replacement goods, at no additional cost, will be sent to the original shipping address, or if requesting a refund, the credit card used in the original purchase will be credited;
(b) where you are entitled to a replacement, your replacement goods will be shipped to you directly from the country from which your original Direct Import Goods were shipped. You are not entitled to a replacement from any Harvey Norman Australian franchisee or Harvey Norman Holdings Limited; and
(c) you cannot return or get a refund for goods as a result of change of mind even if the goods are unused and unopened.
11.3 When returning Direct Import Goods, it is a requirement for the fulfilment of refunds, exchanges and warranties that you must use your best endeavours to return the product in its original form – case, manuals and game which were supplied at the time of original purchase.
11.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Direct Import Goods, within the packaging.
11.5 Direct Import Goods do not come with any manufacturer's warranty.
12. LIABILITY of HNI TO YOU
12.1 Except to the extent set out expressly in these Terms or in any law that cannot be excluded (including, without limitation, the Australian Consumer Law), HNI will not be liable to you or any third party for any loss, damage, cost, expense or injury arising out of, or in connection with, any Order.
12.2 The Irish courts of the Republic of Ireland will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Website. HNI has the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and your use of the Website are governed by the laws of the Republic of Ireland.
13.1 HNI policy on the collection, use and disclosure of customer's personal information is set out in its Privacy Statement which forms part of these Terms
14. WEBSITE TERMS
14.1 Your use of the Website is governed by these Terms
15.1 HNI reserves the right to amend these Terms at any time. Any amendment will take effect from the time that it appears on the Website. The Terms which apply at the time that you place your Order are the Terms which will apply to your Order.
15.2 If any provision of these Terms shall be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
15.3 These Terms are governed by the laws of the Republic of Ireland.