Terms and Conditions
Terms and Conditions
- You should read these Terms and Conditions carefully. In these Terms and Conditions the words ‘All Fenix’, “we”, “our” and “us” refer to All Fenix Group Pty Ltd and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase of goods or services through the Site.
- These Terms and Conditions apply to you, the Site user and your usage of the Site and associated software, networks and processes, including the purchase of goods or services through the Site.
- By browsing the Site, or placing an Order, you agree to these Terms and Conditions.
- In these Terms and Conditions:
“Agreement” or “Terms and Conditions” means these Terms and Conditions, including all the terms of any Order placed by you the user through the Site (if applicable).
“Customer” means the person or legal entity identified in an All Fenix invoice or sales document.
“Delivery Cost” means the costs associated with delivery as specified in an Order.
“Goods” means the Products listed in an invoice or sales document.
“Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
“Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
“Order” means an order for one or more Products placed by a Customer in response to an invitation to treat made by All Fenix through the Site.
“Products” means any items listed on the Site (for sale or otherwise).
“Site” means the internet site located at the URL www.allfenix.com and operated by All Fenix.
- Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- You must ensure that your access to, or use of the Site is not illegal or prohibited by laws which apply to you.
- You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. All Fenix takes no responsibility for any such damage which may arise in connection with your use of the Site.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- To become a member of the Site, you must provide your name, address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the Site or by contacting us at firstname.lastname@example.org.
- You will receive an email from us immediately after you create your membership account.
- You may not use one email address to register for multiple accounts.
- You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
- All Fenix may stop (temporarily or permanently) providing access to the Site to you, or to guests or members generally, at our discretion and without prior notice to you.
- We may in our sole discretion terminate your account or restrict your access to the Site. If we do this, you may be prevented from accessing all or parts of the Site, your account details or other content contained in your account. We will not be liable to you or any third party for doing so. We may impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, we may withdraw the Site, or change or remove Site functionality at any time without notice to you.
- The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. All Fenix will not be responsible for the content or privacy practices associated with linked websites.
- You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.
- You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference, which may damage your computer system. All Fenix takes no responsibility for any such damage, which may arise in connection with your use of the Site.
- If you are under the age of 18 (eighteen), please consider a parent or guardian read these terms and conditions before becoming a member of purchasing a product from us.
- All Fenix reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
- All prices listed on the Site are in Australian Dollars unless otherwise specified.
- All prices listed on the Site include GST unless otherwise specified.
- All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
- Promotional discount codes may be given at the sole discretion of All Fenix on terms and conditions notified at the time of the relevant offer.
- If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.
- All prices listed on the Site exclude Delivery Costs for international orders, which is shown separately in the Product page but may be recalculated depending on the number of Goods you place in an Order.
- You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase.
- International Delivery Costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the recipient of the Order
- In accordance with Australian export regulations we are required to declare the exact value of all items and identify the Order as dutiable “merchandise”. We are also prohibited by law from identifying an Order as a “gift” for export purposes, even if you have placed the Order with the intention of delivery to a gift recipient.
- All Fenix reserves the right to refuse a sale.
- Features and characteristics of Products described or depicted on the Site are subject to change without notice.
- Unless otherwise stated, any accessories or furnishings shown in any Product image on the Site are not included in the price.
- All weights mentioned are approximate.
- You may place an Order by filling in the Order Form on the Site and clicking the "confirm" button.
- Orders will be deemed to have been received by All Fenix at the time we send an Order confirmation to your nominated e-mail address.
- You should take care when submitting an Order - Orders may not be cancelled once they have been received by All Fenix.
- Offers for Products made by All Fenix on the Site do not constitute an offer to sell but an invitation to treat. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
- All Fenix is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
- Each Order (once confirmed) represents a separate agreement.
- All Fenix reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
- All Fenix, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods.
- In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
- All Fenix accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
- Where you have provided an incorrect or incomplete delivery address for your Order, we may charge a redelivery fee for each subsequent delivery attempt.
- You can pay for your Order by any of the methods specified on the electronic Order form on the Site, which include but are not limited to credit card, PayPal, Direct Deposit via EFT.
- Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on pre-sale or backorder.
- You acknowledge that All Fenix may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- If your nominated payment method triggers All Fenix internal suspect transaction protocols, All Fenix may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Delivery and ownership of the goods
- All Fenix tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. All Fenix does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
- The date of dispatch listed on the Site is the estimated date of dispatch as is reasonably estimated by All Fenix and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their Order.
- All Fenix will not dispatch Goods to PO box addresses.
- Title and risk in the Goods pass to the customer on signing for delivery of the Goods.
- Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.
- All Fenix nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday).
- All Fenix reserves the right to not ship to remote or rural locations.
- All Fenix is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer's responsibility to liaise with All Fenix’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by All Fenix to a customer in relation to delivery will be from a third party, and as such All Fenix will not guarantee the accuracy of such information.
Refunds and returns
- Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
- If Goods you purchased:
- are not of acceptable quality;
- are not fit for their purpose; or
- do not match their descriptions,
You may have rights under the Australian Consumer Law to have the Goods repaired or replaced or have the price you paid for the Goods refunded.
- If any of clauses 2(a) to 10.2(c) apply, contact us at email@example.com within 14 days of receiving your purchase and provide your name, address and date of purchase, as well as a description of your concerns regarding the Goods.
- If Goods are damaged on delivery, then you should refuse to take receipt of those Goods and notify us immediately. If you notice damage to Goods after delivery, you should notify us immediately and we will arrange for return of the Goods in accordance with these Terms and Conditions.
- You must comply with directions from All Fenix staff to facilitate a return.
- Returned Goods must be returned with proof of purchase in their original packaging, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Goods due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Goods without their original packaging.
- Subject to clause 8, it is the customer’s responsibility to ensure that returned items are returned safely. All Fenix takes no responsibility for items lost in transit.
- Where you are returning Goods to us because of our failure to comply with a consumer guarantee, you must return the Goods to us at your cost unless the Goods cannot be returned, removed or transported without significant cost to you because of:
- the nature of our failure to comply with the consumer guarantee; or
- the size, height or method of attachment of the Goods.
Where you are returning Goods to us, we take no responsibility for Goods lost in transit. If clause 10.8(b) applies, we will, within a reasonable time, collect the Goods at our expense.
- Refunds may take up to 10 business days to be processed.
- Customers are permitted to cancel their Order and a receive a refund at any time prior to Dispatch
- You acknowledge that all Intellectual Property in any Material on the Site is the property of All Fenix, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material. These intellectual property rights are protected by Australian and international laws and nothing in this Agreement gives you a right to use any of them.
- You may view the Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the Site or commercialise any information obtained from any part of the Site without the prior written consent All Fenix or, in the case of third party Material, from the owner of the copyright in that Material.
- You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.
Linking to the Site
- You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
- You waive, release, discharge and relinquish any and all claims that you have now or may have against All Fenix which are connected with, arise out of, relate to or are incidental to the use of the Site.
- You agree to indemnify and to keep indemnified All Fenix and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by All Fenix arising out of or in connection with the your use of the Site, any breach by you of this Agreement or the use of All Fenix Products outside the manufacturer’s specifications or other Product warnings or instructions (including labels) on the Site, accompanying the Products or otherwise notified to you from time to time.
- To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of All Fenix (in negligence or otherwise) is limited (at the option of All Fenix) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that All Fenix shall not be held liable for any indirect or consequential loss.
- To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of All Fenix (in negligence or otherwise) is limited (at the option of All Fenix) to these Terms and Conditions.
- To the extent permitted by law, typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by All Fenix will be subject to correction without any liability on our part.
- We gather personal information about our customers for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work (both in and out of warranty repairs);
- improving and developing our products; and
- expanding our business.
- All Fenix is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
- Further details about our practices relating to the collection, use, disclosure and storage of your personal information are available here.
- We gather personal information about our customers for the purposes of:
- All Fenix reserves the right to make changes to these Terms and Conditions without notice.
- Any provision of this Agreement, which is void or unenforceable, may be severed from this Agreement without affecting the enforceability of other provisions.
- A failure or delay by All Fenix to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by All Fenix does not preclude its future ability to exercise that or any other power or right.
- This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.