In these terms and conditions of sale (“Terms of Sale“), “we”, “us” or “our” means Newell Australia Pty Ltd ABN 68 075 071 233, distributor of FoodSaver®.
Please read through these Terms of Sale carefully as they form the agreement under which we will supply products to you purchased online.
1.1 You may place an order with us by completing the order process on FoodSaverTV.com.au website. We may at our discretion accept or reject an order depending on a variety of factors, including the non-availability of the products ordered or our inability to validate payment for the products.
1.2 Please choose your products carefully. Prices can change at any time and so you should be particularly careful to check the price of the products included in your cart before submitting your order. It is your responsibility to check your order before you submit it.
1.3 We will send you an order confirmation by email when the checkout process is complete. Please keep your order confirmation number safe.
1.4 Once we have sent you an order confirmation, a binding agreement will come into existence between you and us and only these Terms of Sale will apply in relation to the supply of the ordered products.
1.5 We will send you a tax invoice by email when your order has been despatched. Please keep your tax invoice number in the event you require service.
We do our best to keep in stock all products that are advertised by us on FoodSaverTV.com.au website. However, we cannot guarantee availability of stock at all times and reserve the right to withdraw or suspend from sale any products displayed on FoodSaverTV.com.au website, either temporarily or permanently, at any time without notice to you.
3.1 The price payable by you for a product is the price advertised on FoodSaverTV.com.au website at the time you place your order. All prices are inclusive of GST. In addition to the price payable for a product, you will also need to pay any advertised delivery charges. Any delivery charges will be displayed in your shopping cart prior to checkout.
3.2 You must pay the price for each product ordered by you, and any advertised delivery charges, in full at the time of ordering using Visa, MasterCard or PayPal, or any other payment method described on FoodSaverTV.com.au website.
3.3 We may advertise payment plans where you pay the purchase price of the goods you have ordered by monthly instalment. If you pay by credit card you agree that we may debit your card each instalment until payment in full.
3.4 If we attempt to debit your card and you have insufficient funds to pay the instalment, we may at our discretion ask you to do one or more of the following things:
(a) pay the missed instalment;
(b) pay any charges or fees charged to Newell Australia for the failed attempt to debit the instalment amount;
(c) pay the balance owing on your account immediately.
3.5 We may report you to a credit reporting agency if you default in payment of the goods.
3.6 We may charge you interest calculated daily at the rate of 9% per annum on the balance outstanding on your account from the date payment was due until payment in full if you default in payment of your account.
3.7 If you default in any payments due to Newell Australia you agree to pay us on demand all reasonable costs, expenses and liabilities incurred by us in connection with or in the actual or attempted exercise or enforcement of this sale agreement.
3.8 Your payment may be declined or otherwise not accepted at any time and for any reason including, without limitation:
(a) where fraud detection systems detect possible irregularities;
(b) because your financial institution has declined payment; or
(c) because your payment card has expired.
3.9 We use both Stripe’s and PayPal’s gateways to process your payments, and as such your payment details will be encrypted to minimise the possibility of unauthorised access or disclosure. We will not be responsible, except to the extent otherwise required by law (including, without limitation, under the Australian Consumer Law), for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or is used in an unauthorised manner by a third party.
3.10 If we have provided you with a promotional code, you will need to enter the code at checkout. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team on 1300 797 751.
3.11 Your tax invoice will be sent to you by email with your order despatch confirmation. Your tax invoice is your proof of purchase and may be required for any cancellation or refund requests, or warranty claims.
4.1 If you wish to cancel your order we ask that you advise us at least one business day before the anticipated delivery date. Refer to section 5 of these Terms of Sale for estimated delivery timeframes. We will use our reasonable endeavours to cancel the order and provide you with a full refund subject to these Terms of Sale. Once an order has been dispatched, it may not be cancelled, and the item must instead be returned to us according to the process outlined in section 7 of these Terms of Sale.
4.2 We reserve the right to cancel an order at any time before delivery. If we do so, we will provide you with a full refund, including any delivery charges you may have paid. We will only do this in limited circumstances, such as where:
(a) our manufacturers or suppliers are unable to supply products that they have previously promised to supply;
(b) an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the products within a reasonable time;
(c) products ordered were subject to an error on FoodSaverTV.com.au website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;
(d) you ask us to cancel your order in accordance with section 4.1; or
(e) your payment is not accepted for any reason.
5.1 We deliver to all areas in Australia except for the following;
Lord Howe Island NSW 2989
Norfolk Island NSW 2899
Cocos Keeling Islands WA 6799
Australian Antarctic Territories TAS 7151
The estimated time for delivery will be between 3 to 10 business days.
5.2 We will send you an email confirming when your order has been despatched. We will send you a follow up email with your tracking number. You will then be able to track your order by visiting www.auspost.com.au and entering (where requested) the tracking number .
5.3 Subject to this clause 5, we will deliver to the delivery address specified by you when you place your order. If your delivery address requires updating for any reason after your order has been made, you may be liable for additional delivery charges.
5.4 We may deliver the products using a range of delivery methods. For your security all deliveries must be signed for by you (or an authorised representative). If you (or an authorised representative) are not at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to an Australian Post Office for storage until you are able to go and pick it up. In these circumstances our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
5.5 You agree and acknowledge that:
(a) events outside our control may cause delays, or in some circumstances, prevent your products from being delivered;
(b) delays are particularly likely to occur around Christmas, Easter and public holidays; and
(c) except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the products to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.1 The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the products must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for and that the products will correspond with any description. Nothing in these Terms of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including under the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the Australian Consumer Law, the following notice applies to you:
“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for 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.”
6.2 In addition to the consumer guarantees, some of our products come with an additional replacement or repair guarantee. If you would like to make a claim under our replacement or repair guarantee, please refer to the relevant replacement or repair guarantee and contact our Customer Service Team on 1300 881 861.
6.3 Subject to this clause 6 and your rights under the Australian Consumer Law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms of Sale are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee that cannot be excluded under the Australian Consumer Law) arising out of or in connection with the products or these Terms of Sale (including as a result of not being able to use the products or the late supply of products), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.4 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
6.5 Except to the extent otherwise required by law (including, without limitation, under the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7.1 In addition to your rights under clause 6, we want you to have a great shopping experience. When you purchase a product listed on FoodSaverTV.com.au website and you find that it’s not what you wanted we will gladly accept your return within 14 days of delivery and issue a refund or replacement, subject to the following:
Product is unopened
Product is undamaged and in resalable condition
You must adequately package the product to ensure it is not damaged in delivery including providing an outer packaging for protection
Any bonus items must also be returned
Please note that where products are being returned due to change of mind, we will require you to organise and pay the return delivery charges.
7.2 If you wish to return your product for any reason, you must contact our Customer Service Team on 1300 797 751.
7.3 After contacting our Customer Service Team you will have 14 days to return the product to us.
7.4 You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging and any bonus items must also be returned.
7.5 If you are entitled to a refund, we will only give you a refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Terms of Sale. Any refund we make will be by the same payment method used to purchase the product.
7.6 If a product is damaged on delivery, then you should refuse to take receipt of the product and notify our Customer Service Team 1300 797 751.
7.7 Newell Australia may choose to offer the you a 60-day Money Back Guarantee as a promotion. You are only eligible for the 60-day money back guarantee if your purchase was made on or after the starting date of this promotion and before the end of this 60-day Money Back Guarantee promotion.
7.7a Claims must be submitted within the first 60 days of purchase as indicated on the original purchase receipt.
7.7b Under the 60-day Money Back Guarantee policy, Newell Australia will reimburse you the cost of your product if returned because you have changed your mind or for a reason other than fault or failure. Postage and handling to return the product is at the customer’s expense. Newell Australia will not refund the postage and handling on the product returned under this clause.
7.7c To claim, individuals must visit the below website and follow the instructions on screen where they will be required to download and complete the claim form. https://www.foodsaver.com.au/mbg
7.7d To receive a refund under the 60-day Money Back Guarantee, your product must be returned to the nominated address complete with all contents as shipped to you, including any free gifts with purchase.
7.7e Under the 60 Day Money Back Guarantee Newell Australia will not be responsible for items that are lost or misdirected.
7.7f You may not return goods to Newell Australia after the 60 day return period has expired unless they are deemed faulty and you are exercising your rights under statutory conditions and warranties that cannot be excluded.
We will not be liable for any delay or failure to perform our obligations under these Terms of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
9.1 These Terms of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any terms or conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
9.2 We may change any provision in these Terms of Sale at any time by publishing the change on FoodSaverTV.com.au website so it is important that even if you are a frequent purchaser from us that you check these Terms of Sale whenever you want to purchase products from us. Any change of these Terms of Sale will only apply to orders made after publication of the change on FoodSaverTV.com.au website.
9.3 If any provision of these Terms of Sale is invalid, illegal or unenforceable, these Terms of Sale take effect (where possible) as if they did not include that provision.
9.5 These Terms of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.