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MEYER COOKWARE AUSTRALIA PTY LTD (ACN 073 818 069)


TERMS OF USE OF WEBSITE

1. This website ("Site") is owned and operated by Meyer Cookware Australia Pty Ltd (ACN 073 818 069) ("Meyer").

2. By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Site. These Terms of Use are in addition to the specific Terms and Conditions of Sale that apply to the provision of the goods and services offered by Meyer. If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site.

3. Meyer may amend these Terms of Use from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.

4. Meyer reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.


PRIVACY

5. Meyer may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Meyer's Privacy Policy . Your continued use of the Site and your provision of your personal information constitute your approval for Meyer to deal with your personal information.


MEMBERSHIP AND MEMBER INFORMATION

6. You may be prompted to register for Membership of this Site and to submit certain information in order to fully utilise the services and facilities provided ("Member Information"). The Member Information may include, but is not limited to, your name, contact details and credit card details.

7. Upon becoming a Member, you will create a Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site which occur under your Member ID and password.

8. Membership is non-transferable.

9. Meyer may terminate your Membership at any time. You may terminate your Membership by written notice to Meyer.

10. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

11. You must indemnify Meyer for any losses, costs, expenses or damages that Meyer may suffer or incur if any of the Member Information provided by you is not correct.


MEMBER SUBMISSIONS

12. From time to time, you may be able to post reviews and/or comments regarding the goods and services featured on this Site ("Member Submissions"). You irrevocably grant to Meyer a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Meyer all moral rights in any jurisdiction.

13. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Meyer for any losses, costs, expenses or damages that Meyer may suffer or incur as a result.

14. Meyer reserves the right - but not the obligation - to review, edit or delete any Member Submissions that Meyer deems to be illegal, offensive or otherwise inappropriate.


DISCLAIMER

15. Meyer does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site ("Information") or that it is suitable for your intended use. The Information is provided by Meyer in good faith on an "as is" basis without warranty of any kind.

16. Meyer does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.

17. Meyer makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information downloaded.

18. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.


LIMITATION OF LIABILITY

19. Meyer will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Meyer be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this Site results in the need for servicing or replacing of equipment, Meyer will not be liable for those costs.

20. Where liability cannot be excluded, any liability incurred by Meyer is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.


LINKS TO OTHER SITES

21. You will be able, through hypertext or other computer links, to gain access to other Sites operated either by Meyer, its affiliates or other third parties ("Linked Sites"). Unless otherwise specified, the Linked Sites are not under Meyer's control. The Linked Sites may have different terms of use and privacy requirements. Unless otherwise specified, Meyer is not responsible for the content of any Linked Sites, or any changes or updates to such Sites. Meyer provides these links for your convenience only. You link to any such Linked Sites at your own risk. Meyer is not a party to any transaction between you and a Linked Site. Unless specified, Meyer does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.


INTELLECTUAL PROPERTY

22. © Meyer Cookware Australia Pty Ltd 2013. All rights reserved.

23. You acknowledge and agree that all content, coding, graphics and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.

24. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Meyer's prior written consent. However, you may download and print these Terms of Use and the Terms and Conditions of Sale for your personal non-commercial use.

25. All trade marks and trade names which appear on this Site are proprietary to Meyer and/or its affiliates. Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.


SPAM

26. The publication of Meyer's email addresses on this Site is to facilitate communications relating to the goods and services supplied by Meyer. It must not be inferred as consent by Meyer to receive unsolicited commercial electronic messages.


JURISDICTION

27. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws. June, 2013. -



TERMS AND CONDITIONS OF SALE

 

DEFINITIONS

1. "Contract" means any contract entered into for the provision of goods by Meyer to You;

2. "Goods" means goods supplied by Meyer to You;

3. “GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

4. “Meyer” means Meyer Cookware Australia Pty Ltd (ACN 073 818 069);

5. "Site" means the website www.circulon.com.au;

6. "Terms" means these Terms and Conditions of Sale;

7. "You" means the person, firm or corporation, jointly and severally if there is more than one, acquiring goods from Meyer.


BASIS OF CONTRACT AND ORDERING

8. These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

9. Any quotation, displayed price, order list or order confirmation provided by Meyer to You concerning the proposed supply of goods is an invitation to treat only, and is subject to You placing an order which is your offer to enter into a Contract with Meyer on these Terms.

10. A Contract is formed when Meyer confirms its acceptance of Your order and receipt of Your payment.

11. Meyer in its absolute discretion may refuse to accept any order.

12. Meyer may vary or amend these Terms by notice written notice to You at any time. Any variations or amendments will apply to orders made by You after the date of notice.


PRICING AND PAYMENT

13. Prices displayed for the supply of goods include GST and any other taxes or duties imposed on or in relation to the goods.

14. Payment for the goods must be made strictly by credit card immediately upon confirmation of Your order. Goods will not be despatched until full payment has been confirmed.

15. Goods displayed are subject to availability. If any goods are not available, Meyer will inform You within 5 days. In the case of non-availability of goods:

15.1 You may request the provision of substitute or similar goods or services; or

15.2 cancel Your order; and

15.3 Meyer will make the appropriate adjustment to, or refund of, the purchase price.


COUPONS

16. From time to time, You may be eligible for coupons or gift vouchers relating to the goods ("Coupons").

17. Coupons may only be redeemed on the Site, and are not redeemable for cash. You must enter the Coupon during the ordering process in order to redeem the percentage discount or free gift.

18. Meyer reserves the right to vary or terminate any Coupon program at any time. Any special conditions from time to time relating to the redemption of Coupons will be displayed on this Site.


RISK AND INSURANCE

19. The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to You immediately on the goods being despatched from Meyer's warehouse.

20. You assume all risk and liability for loss, damage or injury to persons or to Your property or the property of third parties, arising out of Your use or possession of any of the goods sold by Meyer.


DELIVERY

21. Meyer will arrange for the delivery of the goods to You to a nominated delivery address within Australia. You will be responsible for all costs associated with delivery, including postage or courier delivery, insurance and other charges arising from the point of despatch of the goods to the point of delivery.

22. Meyer will designate the method of delivery for the goods. If You require a more costly method of delivery, You must reimburse Meyer for the extra cost involved.

23. Delivery of goods will occur within an estimated 7-10 working days. Any period or date for delivery of goods stated by Meyer is intended as an estimate only and is not a contractual commitment. Meyer will use its reasonable endeavours to meet any estimated dates for delivery of the goods.

24. A postage receipt, courier docket or driver's manifest directing delivery to the address nominated by You will be proof of delivery of the goods.

25. You may be required to provide photo identification at the time of delivery of the goods.

26. You indemnify Meyer against any loss or damage suffered by Meyer as a result of delivery, except where caused by Meyer's negligence.

27. You must advise Meyer in writing within 72 hours of delivery:

27.1 of the non arrival of any or all of the goods;

27.2 if there is damage to the goods;

27.3 that the wrong goods have been received; or

27.4 that the quantity of the goods is incorrect.


LIABILITY

28. Except as specifically set out here, or contained in any warranty statement provided with the goods, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.

29. Replacement or repair of the goods is the absolute limit of Meyer's liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods by You or any third party.

30. Meyer is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.

31. Meyer will not be liable for any loss or damage suffered by You where Meyer has failed to deliver goods or fails to meet any delivery date or cancels or suspends the supply of goods.

32. Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be so excluded, restricted or modified.


ACKNOWLEDGEMENTS

33. You acknowledge that:

33.1 You have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Meyer in relation to the goods or their use or application.

33.2 You have the sole responsibility of satisfying Yourself that the goods are suitable for Your use.

33.3 any specification, drawing, illustration or description of the goods provided is given by way of identification only and does not constitute a contract of sale by description.


CANCELLATION

34. If, through circumstances beyond Meyer's control, it is unable to affect delivery of the goods, then Meyer may cancel Your order (even if it has already been accepted) by notice to You.

35. No purported cancellation or suspension of an order or any part of it by You is binding on Meyer after that order has been accepted and payment confirmed.


WARRANTY AND RETURNS

36. Each range of goods provided by Meyer is subject to specific warranty terms, limitations and exclusions:

36.1 that are supplied with the goods; and

36.2 that are available from Meyer upon request.

37. Meyer will replace any goods that arrive at their destination faulty or damaged. Notification of faulty or damaged products must be received by Meyer’s Customer Service Department within 48 hours of the package being signed for accepting delivery. Under these circumstances, Meyer will provide instructions on how to return goods in an appropriate manner. These details can be obtained either by telephone on (03) 9761 5655 or by email to service@circulon.com.au Meyer will replace any undamaged item within 30 days of purchase so long as the product is returned in its original condition including unopened and unmarked packaging, and accompanied by proof of purchase in the form of an original tax invoice/receipt and/or packing slip. Any products returned to Meyer are at the customer's own cost and risk. Delivery and handling charges on returns are not refundable for incorrect choice or change of mind.


FORCE MAJEURE

38. Meyer shall have no liability whatsoever under or in any way related to the sale of the goods or otherwise for any failure to fulfil any obligation hereunder to the extent that such fulfilment is prevented by circumstances beyond its reasonable control including but not limited to industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts of terrorism, or acts of war. Should an event of force majeure occur Meyer may terminate the Contract by giving You written notice.


MISCELLANEOUS

39. The law of Victoria from time to time governs Your Contract with Meyer.

40. Meyer's failure to enforce any of these Terms shall not be construed as a waiver of any of Meyer’s rights.

41. If any of the Terms are unenforceable it shall be read down so as to be enforceable or, if it cannot be so read down, the term shall be severed from these Terms without affecting the enforceability of the remaining terms.

42. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on the sender's communications machine confirming successful transmission.

43. Meyer is bound by the Privacy Act 1988 and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, stored, used, disclosed and transferred in accordance with the National Privacy Principles. Such information may be accessed by request to Meyer in accordance with Meyer's Privacy Policy.


SECURITY POLICY

When purchasing from Meyer Cookware Australia Pty Ltd your financial details including the information you enter in relation to your credit card payments are transacted using the Westpac Payway interface and are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.