Terms and conditions

UNITRANS CUSTOMER TERMS & CONDITIONS

These Customer Terms & Conditions cover online purchases from Unitrans Asia Pacific Pty Ltd ACN 096 249 393 and/or its authorised agents (“Unitrans” or “we” or “us” or “our”). 

The “Unitrans Online Order System" comprises all Unitrans websites, the software associated with these websites and the facility to enter into transactions to place an order for products sold by Unitrans (“Order”).

1.  Acceptance of Terms & Conditions

1.1.    By viewing, using, accessing, browsing, or submitting any content or material on the Unitrans Online Order System, you agree to these Customer Terms & Conditions, our Privacy Policy https://recovery.furniture.com.au/pages/privacy and our Website Terms of Use https://recovery.furniture.com.au/pages/terms-and-conditions (collectively our “Terms & Conditions”) as a binding legal agreement between you and Unitrans. 

1.2.    If you do not agree to these Terms & Conditions, then you may not use the Unitrans Online Order System.

2.  Use of the Unitrans Online Order System

2.1.    The Unitrans Online Order System is only for purchase and delivery of Unitrans products within Australia. Not all products can be purchased online.

2.2.    By registering for the Unitrans Online Order System, you warrant to us that you are at least eighteen years old.

2.3.    You must keep secure any means of identification that we provide to you in order to access the Unitrans Online Order System. To the extent permitted by law, Unitrans takes no responsibility for any transactions which may occur as a result of a disclosure by you of your login details, including password, to third parties. 

2.4.    You agree to comply with Unitrans Website Terms of Use available in https://recovery.furniture.com.au/pages/terms-and-conditions. You further agree:

   (a)    not to use the Unitrans Online Order System for any commercial or re-supply purposes;

   (b)    not to access the Unitrans Online Order System using a third-party's account/registration without the express consent of the account holder;

   (c)    not to use the Unitrans Online Order System for illegal purposes;

   (d)    not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;

   (e)    not to commit any acts of infringement on the Unitrans Online Order System or with respect to content on the Unitrans Online Order System;

   (f)    not to copy any content, for republication in print or online or any other purpose;

   (g)    not to disrupt, interfere with, or otherwise harm or violate the security of the Unitrans Online Order System, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Unitrans Online Order System or affiliated or linked sites.

2.5.    Any Order for a product placed through the Unitrans Online Order System is an offer by you to purchase a particular product for the price shown on the Unitrans Online Order System at the time you place the Order.

3.  Pricing

3.1.    All product prices are quoted in Australian currency and inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.

3.2.    Delivery costs may also be charged on Orders delivered to you. Further details on delivery are set out under the Delivery section below.      

4.  Payment

4.1.    Full payment for products must be made at the time you place your Order. If agreed by Unitrans, a deposit may be paid with the remaining payment made prior to delivery being arranged.

4.2.    For payments by credit card, you authorise our agents to charge all fees incurred to the credit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due on demand.

5.  Acceptance or rejection of an Order

5.1.    When you place an Order to purchase product(s), we will send you an email confirming receipt of your Order and containing the details of your Order. This email is an acknowledgement that we have received your Order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for the product(s) ordered by you, when we have processed your Order and issued a sales invoice to you.

5.2.    Electronic invoices will be emailed to you at the email address provided by you in relation to the Order.

5.3.    We may reject an Order placed through the Unitrans Online Order System, or any part of your Order, without liability to you (to the extent permitted by law) if:

•  a product in that Order is not available;
•  there is an error in the price or the description of a product in that Order; or
•  the Order triggers fraud prevention protocols.

5.4.    If we reject an Order, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you place the Order.

5.5.    Each Order placed through the Unitrans Online Order System that we accept results in a separate binding agreement between you and us for the supply of those product(s). 

5.6.    For each Order accepted by us, we will supply the product(s) in that Order to you in accordance with these Terms & Conditions.

6.  Cancelling an Order

6.1.    We may cancel all or any part of an Order (including any Orders that we have accepted) without any liability to you (to the extent permitted by law) for that cancellation at any time if: 

   (a)    a product in that Order is not available; 

   (b)    there is a material error in the features, specifications or price of a product posted on the Unitrans Online Order System for a product in that Order; or 

   (c)    we reasonably believe your Order has been placed in breach of these Terms & Conditions.

6.2.    On cancellation of an Order, we will refund your payment to you.  If we cannot stop the shipment of the Order at the time of cancellation, then we will request you to refuse delivery or return the product(s) in order to receive a refund.

7.  Storage

7.1.    Unless we agree otherwise, you must collect or take delivery of the products within 14 days from the day that we notify you that they are available (including for Click & Collect Orders). We will endeavour to provide you with reasonable options for organising the collection or delivery of the products. If we have done this, and you fail to collect or take delivery of the products after notice to do so, we may, after providing notice to you that we intend to do so, issue you with an invoice in an amount to cover reasonable storage fees and/or cancel your Order. An estimate of storage fees (including handling in and out, storage on-site or off-site where necessary) is $50 per delivery per week.

8.  Delivery

8.1.    Delivery charges and the estimated date of delivery or date range for delivery will depend on where your Order is being delivered. See Delivery Information for the postcodes that we deliver to, costs and estimated delivery dates.

8.2.    Products can only be delivered within Australia.

8.3.    It is the customer’s responsibility to ensure correct delivery address and access details are provided to Unitrans.

8.4.    Any delivery date or date range provided to you is an estimate only. We will use reasonable endeavours to meet the estimated delivery date, however products may be delivered within a reasonable period of that date. In these circumstances, and subject to our obligations under the law (including those described at clause 13 below), we will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.

8.5.    Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address. A card will be left and you are responsible for organising collection from the address identified on the card if delivery cannot be made at the time which you agreed to accept delivery because an appropriate person is not present.

9.  Click & Collect

9.1.    Click & Collect is limited to participating Unitrans Distribution Centre(s).  We reserve the right to change participating Distribution Centre(s) at any time.

9.2.    All homewares and furniture products that are in-stock at your selected Distribution Centre and on our website are available for Click & Collect unless otherwise specified.

9.3.    If we have your email on file, you will receive an email when your Order is ready for collection.

9.4.    When collecting the Order, the person:

   (a)    must collect the Order from the Distribution Centre selected when the Order was placed;

   (b)    must provide a copy of the Order confirmation;

   (c)    must provide photographic identification and a signature; and

   (d)    must present the card used for payment.

9.5.    The person collecting the Order acknowledges that we may record the details of any identification provided in relation to the collection of the Order in accordance with our Privacy Policy.

9.6.    For larger items, be aware that you may need two people to safely carry your Order. You acknowledge that it is your responsibility to safely transport your items from the point of collection.

9.7.    For Click & Collect Orders, you must collect your Order within 14 days of being notified that it is ready for collection. For Orders not collected in this time, Unitrans may, after providing notice to you that we intend to do so, issue you with an invoice in an amount to cover reasonable storage fees and/or cancel your Order. An estimate of storage fees (including handling in and out, storage on-site or off-site where necessary) is $50 per delivery per week.

9.8.    Please call your nominated Click & Collect Distribution Centre if you are unable to pick it up within this time.

10.  Risk and title

10.1.    Risk in Unitrans products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products to the customer and receipt by Unitrans of full payment by either cash or clearance of funds into our bank account.

11.  Advice and technical information

11.1.    Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Unitrans in relation to any products is given in good faith and is believed by Unitrans to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Unitrans in relation to any products supplied by Unitrans is approximate and general only.

12.  Privacy

12.1.    Unitrans is committed to respecting your privacy. For a more detailed view of our Privacy Policy, click here.

13.  Nature of products sold by Unitrans

13.1.   The products sold by Unitrans are seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the customer’s purchase of the product.

13.2.  Unitrans will alert you to any imperfection or defect with a product before you purchase the product. If you elect to proceed with your purchase, you accept any such imperfection or defect drawn to your attention.

14.  Consumer guarantees

14.1.   Australian Consumer Law:  If you are a consumer under the Australian Consumer Law, you have certain rights.   Information about the Australian Consumer Law is available from the website of the Australian Competition and Consumer Commission. 

14.2.    Consumer guarantees: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or 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.

 

14.3.    Consumer guarantee remedies: The Australian Consumer Law broadly provides that if there is a major failure with the product, the customer is entitled to:

(a)    reject the product and get a refund;

(b)    reject the product and get an identical replacement, or one similar in value if reasonably available; or

(c)    keep the product and obtain compensation from Unitrans for the drop in value of the product caused by the major failure.

 

14.4.    If there is a minor failure  with the product, the customer is entitled, at the election of Unitrans, to:

(a)    a refund of the cost of the product;

(b)    replacement of the product; or

(c)    have the product repaired within a reasonable time.

 

14.5.    Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these Terms & Conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded.

 

15.  How to make a claim

15.1.    To claim under a consumer guarantee in the Australian Consumer Law, you must contact as at support@unitrans.com.au.

 

15.2.    You will be requested to either return the product for inspection/repair, or we will arrange for the product to be inspected at your home. Unitrans reserves the right to charge a reasonable upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should Unitrans determine you have a valid claim.

 

15.3.    If you are requested to return the product to Unitrans for inspection/repair, you will need to arrange and pay for the transportation of the product to the Distribution Centre or other address advised by Unitrans. If the product cannot be returned without significant cost because of its size or height, a problem with the product, or the way it is attached, Unitrans will arrange and pay for the transportation of the product. If Unitrans determines there is a valid claim, it will reimburse you for any reasonable transportation costs paid by you. If Unitrans determines you do not have a valid claim, you must reimburse Unitrans for any reasonable transportation costs that Unitrans has paid and any reasonable return transportation costs.

 

15.4.    Unitrans will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed we require proof of purchase from you. We will do our best to resolve the issue in a timely manner.

 

16.  General

16.1.    These Customer Terms & Conditions form a binding legal agreement between you and Unitrans in regards to your purchases from Unitrans. 

16.2.    Products are suitable for domestic use only unless otherwise specified.

16.3.    We may modify these Terms & Conditions. The Terms & Conditions which apply to a purchase are those that are made available to you on the day of your purchase. If we modify these Terms & Conditions, we will post a revised version on the Unitrans website. 

16.4.    Unitrans may modify, suspend, or discontinue at any time, the Unitrans Online Order System and/or services offered on or through the Unitrans Online Order System (or any part thereof).

16.5.    Any provision of these Terms & Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable.  The validity or enforceability of the remainder of the Terms & Conditions is not affected.

16.6.    These Terms & Conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in the State or Territory in Australia where the products are purchased. 

 

Version July 2024