Fujitsu General Australia
consumer Terms and Conditions of Sale
Application
(a) These Terms and Conditions of Sale (Terms) apply to all purchases of Fujitsu products (Products) through the Fujitsu General Assist Customer Service Team operated by Fujitsu General (Aust.) Pty Limited (ABN 55 001 229 554) (Fujitsu, we, us, our) in Australia.
(b) These Terms do not apply to the sale of Products other than as set out in clause 1(a), or by entities other than Fujitsu (including Fujitsu dealers and partners).
(c) You should read these Terms carefully before submitting an order to us.
(d) We may amend these Terms from time to time. Amendments will come into effect from the date they are published on our website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting our website: https://www.fujitsugeneral.com.au/consumer-terms-and-conditions-of-sale.
(e) By placing an order for Products with us you agree to be bound by the version of these Terms in force at the date of your order.
Placing Orders
(a) We are under no obligation to accept any order from you and we reserve our complete discretion to decline any order.
(b) Any order which you place with Fujitsu will only be effective once we have confirmed our acceptance of your order and received successful payment of the price and any other amounts due or, if we notify you of any amendments, once you have confirmed your acceptance of the amended terms as notified to you.
(c) You are responsible for the accuracy of the information included in your order. We will not be liable to you for any loss you or any third party suffers for delay or failure to process your order or deliver Products due to inaccurate or incomplete details included in an order.
(d) You represent and warrant that you are over 18 years of age and not under legal disability. We are not able to accept orders from persons under the age of 18.
(e) If you place consecutive or separate orders, we cannot consolidate your orders. A separate delivery fee, if applicable, may apply to each order.
Pricing
(a) When you place an order with Fujitsu, we will charge you and you agree to pay the price of the Product(s) and the applicable delivery fees (if any). All prices and fees stated by Fujitsu are in Australian dollars (AUD$) and, unless otherwise expressly indicated in writing by Fujitsu, include all applicable taxes (including GST).
(b) All prices and fees are correct at time of publication; however we reserve the right to alter prices and fees for any reason. If this should happen after you have ordered a Product, we will contact you prior to processing your order and give you an opportunity to decide not to proceed with the order.
(c) Not all Products or promotions are available through the Fujitsu General Assist Customer Service Team. Fujitsu dealers and partners are independent businesses and may offer different products and/or promotions to those available directly from the Fujitsu General Assist Customer Service Team. All Products and promotions offered by the Fujitsu General Assist Customer Service Team and on our website are subject to availability at the advertised price.
(d) We reserve the right to withdraw any Product from sale without notice, for any reason. However, for various reasons, that Product might still appear on our website and in other materials for a period of time after that withdrawal. We make no undertaking that a Product shown on our website will be available for purchase. If you have ordered a Product which has been withdrawn from sale and your payment for the order has already been processed, we will notify you and refund the amount paid to us in full.
Payment & Processing
(a) You must pay the price and any other fees at the time you place an order through the Fujitsu General Assist Customer Service Team. Payment for the order may be made using the following payment methods: Visa, MasterCard and direct deposit. You authorise Fujitsu to debit the amount that is payable for an accepted order from your nominated card including reasonable credit card or other payment processing fees incurred by Fujitsu. We are unable to accept payment by cheque.
(b) Payment is charged to your nominated card immediately.
(c) Once payment is processed, all items on your order will prepared for despatch to your nominated shipping address.
(d) If Fujitsu cannot supply any items on your order, we will process a refund to your nominated card (or to your bank account if payment was made by direct deposit) to the value of the non-supplied items. An email notification of the refund will be sent to you.
(e) The card issuer/ bank controls the timing of returned funds. Please contact your card issuer/ bank for details.
Delivery, Risk and Title
(a) Following acceptance of an order, we will as soon as practicable and subject to availability of the items ordered dispatch your order for delivery to your nominated shipping address.
(b) Any delivery timeframes we provide you are estimates only. We will use all reasonable endeavours to deliver Products to you within these timeframes but will not be liable for any loss or damage suffered by you if delivery is delayed due to any cause or circumstances beyond our control.
(c) Products will be shipped to the address specified in your order. Products will only be delivered to an address in Australia. No deliveries will be made to post office boxes, collection points or an address outside Australia.
(d) Risk and title in the Products will pass to you on delivery of the Products to you and you will bear the risk of any loss or damage to the Products from that time. Title to any software contained in the Products will remain with Fujitsu or the applicable licensor(s) at all times.
(e) Once delivered, you should inspect the Products and ensure that they match your order. Please refer to our Returns Policy for details of how you may return Products which are damaged or are not what you ordered.
Contact Details
(a) If you have any queries regarding your order please contact the Fujitsu General Assist Customer Service Team at [email protected] or 1300 364 484.
(b) Telephone communications with us or our agents via the Fujitsu General Assist Customer Service Team may be monitored and/or recorded. Unless you state otherwise, you expressly consent, on behalf of yourself and other users of your phone number, to such monitoring or recording. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you on that number via text message or telephone, including via pre-recorded or auto-dialled calls. This consent is for non-telemarketing calls only.
Disclaimers
(a) We will endeavour to ensure that information provided by Fujitsu and the Fujitsu General Assist Customer Service Team is accurate and current. However, we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of our information or that it is up to date. For example (but without limitation):
- Prices and colours of Products may change, and all Products are subject to availability;
- Variations to Products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
- Despite every effort to accurately duplicate each Product's colours on our website, they are intended as a guide only and actual colours may vary. The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor's display of any image will accurately reflect the colour of the Product on delivery;
- Description of Products are summaries only (with further information available on request to us); and
- Due to technical or human error, information may be recorded incorrectly or omitted.
Fujitsu's Liability
(a) As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (Consumer Rights). Your Consumer Rights include statutory guarantees that products supplied to you will be of acceptable quality, match any description provided and be fit for any purpose made known to the supplier, and that any services supplied will be carried out with reasonable care and skill. More information on your Consumer Rights can be found at www.accc.gov.au.
(b) Nothing in these Terms is intended to exclude, restrict or modify any of your Consumer Rights. We will assist you if Products:
(b) To the full extent permitted by law, we do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information provided on our website or through the Fujitsu General Assist Customer Service Team, except where caused by our negligence or wilful misconduct. If your order is affected by a genuine error, we reserve the right to cancel your order and refund any money paid to us.
- are or become faulty through no fault of your own;
- are not fit for a stated purpose or a purpose you made known to us;
- don’t match our description or sample; or
- have defects that were not obvious, or we did not bring to your attention.
(c) In the case of a major failure of a Product to comply with the statutory guarantees, you can choose to:
- reject the Product and get a refund, a replacement product or a similar item if reasonably available; or
- keep the Product and get some money back in compensation for the drop in value caused by the failure.
Alternatively, a credit may be offered at our discretion although you are not required to accept it. In the case of any other issue with a Product, we can choose at our discretion to provide a refund, repair the product or give you a replacement product.
(d) In order to obtain the remedies referred to in paragraph 8(c), the Product(s) must be returned to us within a reasonable period in accordance with our Returns Policy and you may be asked for proof of purchase. Keep your packing slip as proof of purchase. In some circumstances you may also be asked to demonstrate that the problem with the Product(s) was not your fault. Products purchased through the Fujitsu General Assist Customer Service Team cannot be returned to a Fujitsu dealer or partner.
(e) Fujitsu may, in our sole discretion, accept returns of products as a result of a change of mind or error on your part, provided you comply with the terms of our Returns Policy.
(f) Subject to the provisions of this clause and your Consumer Rights:
- we exclude all warranties, representations or guarantees (whether express, implied or statutory) in relation to Products you purchase through the Fujitsu General Assist Customer Service Team; and
- the total extent of any liability we have to you for loss or damage will be limited to the price you paid for the Product(s) in relation to which the loss or damage arose.
Intellectual Property Rights
(a) We and our licensors, as applicable, own all Intellectual Property Rights in and to our website and the Products (including text, images, graphics, logos, layout, look-and-feel, animations, software, trade marks, trade names and other material underlying and forming part of our website).
(b) You may not use any Intellectual Property Rights belonging to us or our licensors without our prior written consent.
(c) In these Terms, Intellectual Property Rights means all rights in or to any patent, copyright, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights
Information About You
We understand that, as a user of Fujitsu's websites and the Fujitsu General Assist Customer Service, you may be concerned about your privacy and about any information that we gain about you online. We are committed to protecting your privacy and to complying with Australian Privacy Law.
Please refer to our Privacy Policy for further information on how we collect, use and disclose your personal information.
Force Majeure
Neither party will be liable for any delay in performing any of its obligations under these Terms if the delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
General
(a) If any provision of these Terms is held to be unlawful, invalid or unenforceable in whole or in part in any jurisdiction, the remaining provisions of these Terms will not be affected and will remain in full force and effect.
(b) If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.
(c) These Terms (and the supply of Products by us) are governed by and to be interpreted solely in accordance with the laws of New South Wales. In the event of any dispute arising in relation to these Terms or their subject matter, the courts of New South Wales will have non-exclusive jurisdiction over such dispute.
(g) Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) to which you cause or contribute to the loss or damage.