Return and Refund Policy

Our Disclosures:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

* We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted. Where we do so, we will refund you using the original payment method used for the order.

* We do not offer change of mind refunds. * We may charge you a restocking fee and administrative fee if you cancel an order after placing it, and we have not yet shipped out the product to you.

* Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.

* We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limit your rights under the Law.

1. Introduction

(a) In these terms and conditions (Terms), when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean ARI OUTDOOR LIVING.

(b) You can make purchases from us at any of our premises across (Stores) and on our website, https:// arioutdoorliving.com / (Site).

Use of the Site

(a) You accept these Terms by:

• (1) signing and returning these Terms to us, making a purchase from us in Store and making payment of the Price; or
• (2) placing an order with us via the Site.

(b) You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old. (c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

• (1) anything that would constitute a breach
• of an individual's privacy or any other legal rights;
• (2) using the Site to defame, harass,
• threaten, menace or offend any person;
• (3) using the Site for unlawful purposes;
• (4) interfering with any user of the Site;
• (5) tampering with or modifying the Site
• (including by transmitting viruses and using trojan horses);
• (6) using the Site to send unsolicited
• electronic messages;
• (7) using data mining, robots, screen
• scraping or similar data gathering and extraction tools on the Site; or
• (8) facilitating or assisting a third party to do any of the above acts.

3. Accounts

(a) You may purchase products from us without an account or you may choose to create an account with us which allows you to review your order history.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

4. Orders

(a) You may order products from us as set out on the Site or in Store.

(b) If you place an order for products on our Site or in Store, you are making an order to purchase the product(s) for the price listed on the Site or in Store (including the delivery fees or other applicable charges and taxes).

(c) We may, at our absolute discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.

(d) It is your responsibility to check the order details, including selected products, delivery details and pricing, before you submit your order through the Site.

(e) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(f) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old.

(g) All purchases made through the Site and in Store are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(h) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price, or image). We will contact you using the details you provided when you placed your order.

(i) If you cancel an order and if we have not yet shipped the product out to you we may charge you $500 administrative fee (Administrative Fee) and a restocking fee of:

• (1) $1,000 if the value of your order if over
• $1,000; or
• (2) if the value of your order is less than $1,000, 20% of the total value of your order, (Restocking Fee).

You acknowledge and agree that the Administrative Fee and Restocking Fee are a reflection of our reasonable costs to manufacture or locate the products and prepare the order for shipping.

5. Pre-Orders and Customised Goods.

(a) If a product is a bulky item or available for pre-order only (it is not currently in stock), this will be clearly indicated on our Site or in Store. We may display the date that the product is expected to be available for dispatch to you. Bulky items may take up to 4-12 weeks to deliver. All BBQs have a lead time of at least 46 weeks.

(b) If you place an order for a product we do not ordinarily stock or sell on the Site, or a product that we must order or customise based on your specifications (Customised Items), you acknowledge and agree that we may accept or reject this order in our discretion and may cancel the order for a Customised Item with reasonable notice to you. Subject to the Consumer Law, Customised Items are not refundable. You acknowledge and agree that Customised Items may be delivered in multiple parts and may take up to 4-12 weeks to deliver.

(c) You acknowledge and agree that any delivery dates displayed on the Site, in Store or in these Terms are an approximation only, and we will not be liable for any delay in the product being available for dispatch or the inaccuracy of the date.

6. Price and payments

(a) You must pay us the purchase price of each product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in dollars.

(b) You must pay the Price upfront using one of the methods set out on the Site or in Store.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. If we offer payment through a third-party provider, you acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(e) We may from time to time issue promotional discount codes for certain products on the Site.

(f) To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site.

(g) The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6.1 Our Price Match Plus policy

At ARI OUTDOOR LIVING assures you that if you discover a lower advertised price from another local retailer on an identical in-stock item (inclusive of GST and delivery fees), we will not only match it but also provide you with an additional 10% discount. Please note, this policy does not apply to trade quotes, liquidation sales, bulk orders, or products sold by Click Home Express Pty Ltd. Additionally, exclusions apply to items offered on online platforms like Amazon and eBay, which lack a physical retail presence.

 

7. Product Variances

(a) Your product may exhibit different characteristics to the samples available in Store or images on the Site. Please note that stainless steel (applicable to outdoor kitchens) and soft furniture (applicable to outdoor furniture) may vary in appearance and characteristics such as darkness in colour of the steel and benchtops, creasing and the degree of softness of outdoor furniture cushions. Colour swatches and samples are an approximate guide only as leather and fabrics vary in colour and texture. Stainless steel products will exhibit differing density, colour and shading, which are the hallmarks of the stainless steel used, and which vary from product to product.

(b) Subject to your Consumer Law Rights and to the full maximum extent permitted by law, we reserve the right to change dimensions, design and construction, quality of the stainless steel, type of stone benchtops and to pattern match fabrics according to our best judgment to improve the design of the product where these changes are limited to the internal changes to the products and are not material or noticeable.

8. Delivery, title and risk

(a) At the time of placing your order, you may be able to choose between delivery or collection from one of our warehouses as agreed in Store or set out on our Site.

(b) If you nominate delivery, we will provide:

• (1) an estimated delivery date in advance;
• and
• (2) an estimated quote for delivery - this is subject to our third party service providers.

(c) If possible we will deliver the products to the delivery address you provide when making your order. We currently deliver to areas as set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.

(d) We may not be able to delivery to some regional or remote locations. We will notify you as soon as possible if we cannot deliver to you.

(e) We will indicate delivery times on our Site. Any delivery periods or delivery dates displayed on the Site or in Store are estimates only, based on the information provided by the delivery company. You acknowledge and agree that we are not liable for delays caused by factors beyond our reasonable control.

(f) If you need to change the delivery day or delivery address, please notify us immediately in writing.

(g) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.

(h) Our shipping costs will be outlined on the Site or in Store. Some items are eligible for free shipping. Please note that bulky items do not qualify for free shipping and we may cancel your order if you select free shipping for a bulky item.

(i) You may not defer the estimated delivery date without prior written consent from us.

(j) If you do not accept delivery within 14 days of the estimated delivery date, you will need to arrange your own delivery, collection or storage facility for the order, or storage fees may apply.

(k) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order or on your collection of the goods from us.

(l) Customers selecting to have items shipped via the Depot Pick Up option are subject to the Stock Availability and Shipping Limitation Clause as outlined below:

• (1) Stock Availability: You acknowledge and agree that any booking or order for the purchase of products via the depot pick up option is subject to the availability of stock. We reserve the right to cancel any booking or order in the event of insufficient stock or if the product is not available for any reason. In such circumstances, we shall provide a full refund of any amounts already paid for the said booking or order. No liability shall accrue against us for any inability to supply due to stock unavailability, and you waive any claim for damages or losses, either direct or consequential, arising from such cancellations.
• (2) Freight Cost Limitations: You accept that shipping costs are subject to change and can vary depending on the destination, especially when shipping to remote area. In the event that the cost of shipping an order to the specified destination exceeds a commercially reasonable amount, as determined solely by us, we reserve the right to cancel the order. If we exercise our right to cancel an order pursuant to the above, you shall be entitled to a full refund of any amounts already paid for the said order. We shall not be liable for any damages, losses, costs, or expenses, whether direct or consequential, arising out of or in connection with any cancellation made under this clause. You acknowledge and agree that the refund of amounts paid shall be the sole and exclusive remedy in such circumstances.
  
  (m) On receipt of your order, you must inspect your products and notify us of any damage caused as a result of deliver as soon as reasonably possible.

9. Collection

(a) If you choose to collect the order from us, this will be for collection from our warehouse unless otherwise agreed between the parties.

(b) If your order is available for collection, we must agree on a collection time and date. If you wish to change the timeframe or arrange an alternative one, please email us at hello@grillkingbbqs.au before showing up at our warehouse.

(c) Pickup dockets must be presented at the time of pick- up. If you have lost your pickup docket, please contact us to determine if pick-up is possible. You may authorize someone else to pick up your goods by providing written authorization through your registered contact details.

(d) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.

(e) You are solely responsible (and therefore you accept the entire risk) for moving the products from the warehouse pick-up point and loading into your vehicle.

(f) You are responsible for arranging for pick-up, loading, and receipt of picked-up products. Our personnel are not authorized to assist you in doing so, and we will not be liable for any loss or damage incurred, if they do so.

(g) If you do not collect your order at the agreed collection time and date, storage fees may apply.

10. Storage

(a) You can defer delivery and we will store your order at no extra cost for up to two weeks beyond the prearranged delivery date (Free Storage) provided that:

• (1) your order is ready in full in our
• warehouse; and
• (2) you must request the Free Storage option by notifying us at least 48 hours before the delivery date.

Your order will be stored by us at no extra cost until the next delivery date (which must be within two weeks). This deferral and Free Storage option is available once only, with respect to an order.

(b) If you require additional storage after the Free Storage, or you do not provide us with notice that you require the Free Storage, we may provide additional storage at your request in our discretion and will provide you with a quote.

11. Removal Assistance

(a) If you require assistance with removal of existing BBQ equipment, you must notify us prior to the delivery date and we will provide you with a quote. We may accept or reject your request in our discretion.

12. Assembly

(a) If you have purchased the Paramount Delivery when placing your order, the products will be assembled at the delivery address at the time delivery is made.

(b) Paramount Delivery is only available in selected metropolitan areas in and around Brisbane, Gold Coast, Canberra, Melbourne, Sydney, Adelaide and Perth.

(c) Alternatively, if you have purchased an Express Delivery when placing your order, the products will not be assembled at the time delivery is made. If you wish for us to assemble the products, you must us prior to the delivery date to purchase the ‘Paramount Delivery’ service and arrange for a time for the products to be assembled.

13. Consumer Law

(a) We do not accept returns for change of mind or other circumstances. However, you may have rights to a repair, replacement or refund under the Consumer Law.

(b) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(c) Where you return products to us to seek an Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(d) Where your claim is a valid claim under the Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

(e) If we provide a refund, we may deduct any applicable Administrative Fee or Restocking Fee.

(f) Our full Warranty against defects is accessible here: https://grillkingbbqs.au/policies/shipping-policy

14. Limitations

(a) Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

• (1) neither Party will be liable for Consequential Loss;
• (2) each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that Party to mitigate its losses; and
• (3) our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

(b) You agree that any information contained on the Site and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition and you are solely responsible for determining the suitability of our products for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products and/or the Materials does not establish a doctor- patient relationship.

15. Intellectual property

(a) You acknowledge and agree that any intellectual property (including copyright and trademarks) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(c) You must not use Our Intellectual Property for commercial purposes, including, for example, to advertise your own business, for re-sale, or for any other revenue generation activity.

(d) You must not, without our prior written consent:

• (1) copy, in whole or in part, any of Our Intellectual Property;
• (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
• (3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

(e) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;

(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(4) you comply with all other terms of these Terms.

16. General

(a) Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Privacy: Each Party agrees to comply with the legal requirements of the Privacy Principles as set out in the Privacy Act and any other applicable legislation or privacy guidelines.

(d) Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notified the other Party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavors to minimize the duration and adverse consequences of the Force Majeure Event.

(e) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(f) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(g) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(h) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.

17. Definitions

(a) Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probably results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

(b) Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

(c) Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions and notices, please contact us at:

ARI OUTDOOR LIVING (ACN 663 301 184)
Email: hello@grillkingbbqs.au