Terms and Conditions of Sale
ARISIT PTY LTD (Aust)
1.1. This agreement is made between ARISIT and the Customer for the purpose of the product/s specified in the Order (Agreement) if and when ARISIT issues an Order Confirmation to the Customer in respect of that order.
1.2. The Agreement comprises the Order, the Order Confirmation, acceptance of the Terms and Conditions and any other Additional Terms.
1.3. A 15% Cancellation fee applies to outstanding orders cancelled. Orders cannot be cancelled after an initial 24 hour period or after the product has been sent out for delivery. Orders cannot be cancelled if the product to be returned is not in brand new condition or as the product was originally sold.
1.4 If your order cannot be processed or has to be cancelled, we will attempt to contact you via the contact information that you have left when filling out your order. You will not be charged if the order is cancelled. If an order is cancelled after the payment has been processed, a full refund will be issued.
2.1 The Price payable by the Customer to ARISIT for the Product/s or services is the price specified in the Order Conformation.
3.1. Monster stock marked as any of refurbished, damaged carton, ex-display stock, trade seconds, discontinued and any further special discounts are not eligible for further discount unless otherwise specified.
4.1 Full Payment of the Price is required prior to delivery of the Product/s.
4.2 All orders that are placed within 7 days or less of delivery date must be paid in full on the day of order.
4.3 Arisit does not accept partial payments or lay by on orders. All orders must be paid in full to be considered completed and ultimately delivered to the customer.
5.1 Subject to clause 5.2 ARISIT will deliver the Product/s to the delivery location specified in the Order.
5.2 Arisit agrees to deliver all orders purchased through the monsterproducts.com.au website within Australia free of charge provided that the address marked for delivery is a valid Australian address and that regular postage/delivery services are able to deliver to the specified address. ARISIT cannot guarantee or promise any delivery dates or times for orders. During busy times such as holiday and promotional periods and periods of bad weather, there may be some delays in the delivery of orders.
5.3 Arisit accepts no responsibility for product that is delayed after it has been dispatched from our warehouse due to errors and delays from third party delivery/postage companies
5.4 If the model of the Product/s is discontinued or superseded and not available for delivery on the Delivery Date, ARISIT will notify the Customer prior to the Delivery Date that:
(a) There is no equivalent model available and this Agreement is therefore terminated with immediate effect. Any amounts previously paid for this Agreement will be refunded.
5.5 ARISIT will deliver the Product/s at the time arranged by ARISIT and the Customer for such delivery (nominated delivery time). In the event that the Customer is not present to accept delivery of the Product/s on the nominated de-livery date, the Customer will be liable to pay ARISIT a fee to re-deliver the Product/s at a new nominated Delivery Date. This re-delivery fee is payable by the Customer prior to ARISIT re-delivering the Product/s at the new nominated delivery date. Please note, products returned to Arisit for exchange or refund must be in the same state as they were when initially sold to the customer. Arisit will not accept returns for products which have been opened or damaged after purchase. If you wish to return the product due to faults, you will need to follow the warranty process.
5.6 Subject to clause 5 and applicable consumer protection legislation, if the Customer accepts delivery of the Product/s (or collects the Product/s in accordance with clause 5.2) and subsequently changes their mind about the Product/s the subject of the Order (including where the Customer orders the incorrect Product), ARISIT may, at its discretion and upon request by the Customer, agree to:
(a) accept return of the relevant Product/s from the Customer; and
(b) provide replacement Product/s to the Customer.
In these circumstances, the Customer must pay:
(i) any difference between the Price of the relevant Product/s being returned and the Price of the relevant re-placement product/s; and
(ii) a re-stock fee of 15% of the Price of the relevant Product/s to be returned.
The customer acknowledges that this restocking fee represents the costs incurred by ARISIT in accepting, processing and repackaging the Product/s for sale. ARISIT will not impose the re-stocking fee where the Customer is not at fault. Customers are only eligible for returns and refunds within the inital 30 days of receiving the stock.
5.7 If ARISIT is unable to contact the Customer after making reasonable attempts to arrange delivery or collection of the Product/s, ARISIT may give the Customer 30 days’ notice of termination of this Agreement. If the Customer fails to take delivery or collect the Product/s within this notice period, this Agreement (including any Order) is terminated upon expiry of that period. Charges based on clause 5.7 (b) (ii) may apply.
5.8 Delivery is conducted only to ground floor location (no stairs). In case of an apartment location, lift access is required.
Charges are to be negotiated between Arisit and the customer.
5.9 Standard deliver conditions consist of delivery to customers house with drop point as close to the house as possible. Any hindrance to drop point may result in additional charges or in some cases it will become the customers responsibility to transfer the unit from the most accessible point. Hindrances may include but not limited to stairs, excessive slopes, obstructions or limited access (doorways, road and property access etc)
5.10 Arisit advises that the customer assumes all responsibility of purchase. Where reasonable, customers must undertake the necessary research and consideration prior to purchasing any product and maintains the right to refuse the return of products that are not in original, brand new condition if a customer did not undertake the relevant research on a product.
6. OWNERSHIP AND RISK
6.1 ARISIT remains the owner of the Product/s until the Price is paid in full to ARISIT and the Product/s have been de-livered to the Customer.
7.1. Warranties as to the merchantability and fitness for purpose of the Product/s are implied under consumer protection legislation. In addition, ARISIT warrants that the Product/s will be free from defects in material and workmanship for a period of 1 year from the date of purchase.
7.2 To the extent permitted by law, should ARISIT be liable for breach of a condition or warranty implied by current consumer law, our liability for the breach will be limited to one of the following as determined by us:
(a) the replacement or repair of the Goods or the supply of equivalent goods; or
(b) the payment of the cost of replacing or repairing the Goods or acquiring equivalent Goods.
(c) for confirmed faulty products which are no longer available or stocked by Monster/Arisit, the closest product available of equal or greater value will be supplied to the original customer. Monster/Arisit holds no responsibility in replacing faulty stock which is no longer stocked or distributed.
7.3 The above warranties do not replace any of the customers consumer rights based on prevalent laws.
8.1. ARISIT will collect and deal with the Customer’s personal information (including name, address, telephone contact or personal details) only in accordance with ARISIT’s Privacy Charter. A copy of the Privacy Charter is available from www.monsterproducts.com.au
8.2 ARISIT may disclose personal information to its related companies and to organizations which provide services (including delivery services) to ARISIT or which may assist ARISIT in providing services (including repair and warranty services) to Customers.
9. Governing Law
9.1. This Agreement is governed by and construed in accordance with the laws of the State of Victoria, Australia and the Parties irrevocably submit to the exclusive jurisdiction of the courts of or in that State.
10.1 ARISIT may at any time revise these Terms and Conditions by updating this posting. Any changes to our Terms and Conditions will be published on www.monsterproducts.com.au or may be obtained from ARISIT.