Hilco Global (Australasia) (we, us, our), operates this Website. By using this Website you acknowledge that you have read and understood and agreed to be bound by these Terms of Purchase (Terms) which apply to all purchases of Goods from us by you (the Purchaser, you, your).
1. Goods
1.1 You acknowledge that:
(a) the Goods are sold at a reduced price compared with the full recommended retail price due to no manufacturer warranty being supplied; and
(b) the only warranty available is a 30 day return or replacement if the Goods are deemed to be faulty.
(c) The 30 day return is from the date of pickup of the Goods.
2. Orders
2.1 You place an Order with us when you click the PLACE ORDER button on the Website.
2.2 An Order is deemed accepted by us once successful receipt of payment of the Order has been confirmed by us.
2.3 We reserve the right to accept or reject any Orders placed by you for any reason including without limitation, a pricing, image or product description error, Goods being unavailable, or any error in your Order.
3. Payment Terms
3.1 You must pay for the Goods at the time of clicking the button PLACE ORDER on our Website.
3.2 We accept payment by way of all major credit cards including Mastercard, Visa and American Express.
4. Delivery, title and risk
4.1 We do not offer shipping, freight, or delivery services.
4.2 All Product purchases are strictly pickup only from the location confirmed during the Order process.
4.3 Pickups must occur during the designated dates and time slots provided at checkout or via order confirmation.
4.4 You are solely responsible for the cost of pickup and bear all liability in relation to the Goods on pickup.
4.5 Title, risk of loss, damage. or deterioration in the Goods passes to you, at the time of pickup.
5. Returns
5.1 The Goods are subject to all consumer guarantees to the extent applicable under the Australian Consumer Law.
5.2 Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified.
5.3 If you wish to return an Item in accordance with clause 5, you must contact our customer service team by email at apaccustomersupport@hilcoglobal.com within 30 days of the date of pickup. You should provide full details of your purchase and the reason for returning the Item. We will endeavour to email you a returns advice form (which will state the address to which the Item must be sent), and, to assist with processing the return, please include the returns advice form with the returned Item.
5.4 Goods should be returned in their original packaging where possible by you at your own cost to the location the pickup occurred.
5.5 When we receive the returned Item, we will inspect and test it to determine whether it was damaged in transit. If we reasonably determine that the Item was not damaged in transit, we will notify you of this, we will return the Item to you and you will be charged the freight charges actually and reasonably incurred by us in returning the Item to you. In these circumstances, we may charge (and you authorise us to) your credit card with the freight charges.
5.6 Subject to our obligations under the Australian Consumer Law, if we determine that your Item does not meet an applicable consumer guarantee, we will endeavour, within 21 days of receiving the Item from you, to replace, repair or refund your Item.
6. Liability and Indemnity
6.1 Subject to clause 6.2, our liability for any loss or damage suffered by you in connection with the supply of Goods is limited to the extent permitted by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable laws.
6.2 To the fullest extent permitted by law, and subject to clause 6.5, we exclude all liability to you in respect of any loss or damage howsoever caused which may be suffered or incurred by you and which may arise directly or indirectly in respect of:
(a) your use of the Website;
(b) your purchase of Goods;
(c) any content published on the Website or conveyed or provided to you on the Website;
(d) your reliance, or the reliance of any third party, on any content published on the Website or conveyed or provided to you on the Website;
(e) any failure or omission on our part to comply with our obligations under these Terms;
(f) any negligent act or omission by us in the provision of the Website; and
(g) your use of any Goods purchased by you through this Website.
6.3 We expressly exclude all liability for special, indirect or consequential loss or damage, including without limitation, loss of anticipated savings, pure economic loss, loss of or damage to reputation or goodwill, or loss or damage associated with:
(a) your use of this Website; and
(b) your purchase of Goods,
howsoever caused.
6.4 We make no representation or warranty in relation to:
(a) the operation or functionality of the Website;
(b) any information published on the Website or conveyed or provided to you on the Website;
(c) the fitness for purpose of the Website, or any Goods purchased by you through the Website;
(d) that Goods you purchase are fit for your purposes or appropriate for your particular circumstances;
(e) that the Goods comply with any requirements of applicable law or regulation; and
(f) in relation to the safety of, or absence of risk to health from, any Goods.
6.5 To the extent that any warranties or guarantees implied by law are not capable of being excluded or modified, our total aggregate liability for breach of such warranties or guarantees is limited to one or the other of the following, at our option:
(a) the replacement of the goods supplied or the supply of equivalent goods; or
(b) the payment of the cost of replacing the goods or of acquiring equivalent goods.
7. Technology errors
7.1 If any errors or delays arise in respect of an Order as a result of or in connection with technological difficulties, including technological difficulties associated with the Website, servers, data hosting centre or internet service provider, we may, acting reasonably and on notice to you:
(a) at the time of, or after your Order:
(i) re-open a relevant Order; or
(ii) cancel any Order which may have been made in error.
8. Customer product review
8.1 By submitting any review content to us you agree that:
(a) all content that you post is accurate;
(b) you are at least 18 years old;
(c) use of the content you supply does not violate these Terms and will not cause injury to any person or entity.
8.2 You further agree and warrant that you shall not submit any content:
(a) that is known by you to be false, inaccurate or misleading;
(b) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(c) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
(d) for which you were compensated or granted any consideration by any third party;
(e) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
9. Governing law and jurisdiction
9.1 Our relationship is governed by and must be construed according to the law applying in the State of Victoria.
9.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria with respect to any proceedings that may be brought at any time relating to our relationship.
10. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, strikes, or government actions.
11. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
12. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, and arrangements, whether written or oral, in relation to its subject matter.
13. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at apaccustomersupport@hilcoglobal.com
14. Defined Terms
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any other equivalent legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory).
Goods mean the goods offered for sale by us, and any ancillary services relating to those goods.
Hilco Global (Australasia), we, us, our, means Hilco Global (Australasia) Pty Ltd ACN 634 803 973.
Order means the purchase of Goods on the Website;
Purchaser, you, your means the person purchasing the Goods from us.
Website means this website, being HILCOOUTLET.COM