Smartfox Australia Terms & Conditions
Information About Us
The website www.smartfoxstore.com.au (“Website”) is operated by Rodia Holdings Limited, a company registered in New Zealand under company number 8181084 and registered in Australia under ABN 37 331 054 303.
Smartfox is based in New Zealand and supplies products to customers in Australia.
References in these Terms to “Smartfox”, “we”, “us” or “our” mean Rodia Holdings Limited trading as Smartfox.
References to “you” or “your” mean the customer or user of our Website.
Application of These Terms
These Terms and Conditions apply to your use of our Website and to orders placed through our Website.
They should be read together with our:
- Privacy Policy
- Cookies Policy
- Returns Policy
- Promotional Code Terms
- Shipping and Delivery information
- Any other policies or terms displayed on our Website that are relevant to your purchase
By using our Website or placing an order, you agree to these Terms.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy provided by the Australian Consumer Law or any other applicable law where that guarantee, right or remedy cannot lawfully be excluded, restricted or modified.
Orders and Purchases
Placing an Order
When you submit an order through our Website, you are making an offer to purchase the products in your order subject to these Terms.
After receiving your order, we may send you an automated email acknowledging that your order has been received.
An order acknowledgement, order number, payment authorisation or payment being processed does not by itself constitute final acceptance of your order.
Before accepting an order, we may verify matters including:
- Product availability
- Supplier availability
- Product information
- Pricing
- Freight charges
- Payment information
- Delivery information
- Any apparent error affecting the product or order
Unless we expressly tell you otherwise, your order is accepted when we confirm that the order has been dispatched.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
Product Availability
Smartfox offers a large range of products. Some products are sourced from third-party suppliers or distributors, and product information may be received through supplier systems and data feeds.
Stock availability can change without notice.
Although we take reasonable steps to maintain accurate availability information, a product shown as available may occasionally become unavailable because of circumstances including:
- Supplier stock changes
- Inventory discrepancies
- Stock-feed delays or errors
- Discontinued products
- Supplier allocation
- Product-data errors
- Other circumstances reasonably outside our control
If we are unable to supply a product you have ordered, we will take reasonable steps to notify you.
Where permitted by law, we may cancel the affected product or order.
If payment has already been received for a cancelled product, we will provide a full refund of the amount paid for that product using the original payment method where reasonably possible.
Nothing in this section limits your rights under the Australian Consumer Law.
Prices
Prices displayed on our Australian Website are in Australian dollars unless otherwise stated.
Prices include GST where applicable.
Delivery charges and other applicable charges will be displayed at checkout where applicable.
We take reasonable steps to ensure that prices displayed on our Website are accurate. However, genuine pricing errors may occasionally occur, particularly because Smartfox operates a large product catalogue and receives product and pricing information from suppliers, distributors and other data sources.
Genuine Pricing and Product Data Errors
We take reasonable care to ensure that the prices and product information displayed on our Website are accurate. However, genuine errors can occasionally occur, particularly as we manage a large product catalogue using information received from suppliers and other data sources.
Genuine errors may include:
- Supplier pricing or data-feed errors
- Manual data-entry, data-processing or product-mapping errors
- Automated data-processing errors
- System or integration errors
- Typographical or administrative errors
- Promotional or discount configuration errors
- Currency, GST or calculation errors
- Other genuine technical or administrative errors
If we identify a genuine and material pricing or product-data error before an order has been dispatched, we may decline or cancel the affected order where permitted by law.
Where reasonably practicable, we will notify you of the error and may offer you the opportunity to purchase the affected product at the correct price. You are under no obligation to proceed with the purchase at the corrected price.
If payment has already been received for an order that is cancelled because of a genuine error, we will provide a full refund of the amount paid for the affected product or order using the original payment method where reasonably possible.
We will not rely on this provision simply because we subsequently decide that a correctly displayed price was commercially unfavourable to us.
Nothing in this section excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
Product Information
We take reasonable steps to ensure that product descriptions, specifications, images, dimensions, colours, stock information and other information displayed on our Website are accurate.
Some information is provided by manufacturers, suppliers, distributors and third-party data providers.
Product information may occasionally contain genuine errors or may change.
If we identify a material error affecting a product you have ordered before dispatch, we will take reasonable steps to notify you.
Depending on the circumstances, we may offer you the opportunity to:
- Proceed on the basis of the corrected information
- Select an alternative product where appropriate
- Cancel the affected product and receive a full refund
Nothing in this section limits your rights under the Australian Consumer Law.
Payment
Payment must be made using one of the payment methods available at checkout.
Payments may be processed by third-party payment providers, including credit-card processors and buy-now-pay-later providers.
Payment being authorised, processed or charged does not by itself constitute final acceptance of your order.
Where an order is lawfully cancelled before acceptance and payment has already been processed, we will arrange a refund of the applicable amount.
Once we have submitted a refund, the time taken for the funds to appear in your account may depend on your bank or payment provider.
Promotional Codes and Discounts
Promotional codes and discounts are subject to any conditions stated with the relevant promotion.
Unless otherwise stated:
- Promotional codes apply only to eligible products
- Only one promotional code may be used per transaction
- Promotional codes cannot be exchanged for cash
- Promotional codes may have an expiry date
- Minimum purchase requirements may apply
- Promotional codes may be corrected or withdrawn where they have been issued, configured or applied as the result of a genuine error, subject to applicable law
Where a promotional code has been applied to a product affected by a genuine pricing or product-data error, the Genuine Pricing and Product Data Errors section also applies.
Nothing in this section limits your rights under the Australian Consumer Law.
Shipping and Delivery
Smartfox is based in New Zealand and orders supplied through our Australian Website may be dispatched from New Zealand unless otherwise stated.
Delivery timeframes displayed on our Website are estimates unless expressly stated otherwise.
Delivery may be affected by circumstances including courier delays, customs processes, weather, supplier delays and other circumstances outside our reasonable control.
We will take reasonable steps to fulfil orders within the estimated timeframe.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
Returns and Australian Consumer Rights
Returns
Returns are subject to our Returns Policy and the Australian Consumer Law.
Our Returns Policy applies in addition to, and does not replace, rights and remedies available under the Australian Consumer Law.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You may be entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage where provided by the Australian Consumer Law.
You may also be entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
Website Use
Changes to Our Website
We may update or change our Website and its content from time to time.
We take reasonable steps to keep Website information accurate and current, but information may occasionally contain errors or become outdated.
Any pricing or product-information error will be dealt with in accordance with these Terms and applicable law.
Changes to These Terms
We may update these Terms from time to time.
Changes will apply from the date the revised Terms are published.
Changes will not retrospectively alter the terms applicable to an order already placed.
We recommend reviewing the Terms applicable at the time you place an order.
Your Account and Password
If you create an account, you are responsible for taking reasonable steps to keep your login information secure.
You should notify us promptly if you believe your account has been compromised.
We may suspend an account where we reasonably believe it has been compromised, used fraudulently or used in breach of these Terms.
Account Credit
Account Credit may be provided through refunds, gift vouchers, promotional offers or other arrangements.
Any expiry or restrictions applying to Account Credit will be disclosed where applicable.
Nothing in this section affects any rights you have under applicable law.
Intellectual Property
We own or license the intellectual property rights in our Website and its content.
You may access and use Website content for personal and lawful purposes.
You must not reproduce, commercially exploit, scrape or systematically extract substantial amounts of Website content without our written permission except where permitted by law.
Prohibited Uses
You must not use our Website to:
- Breach applicable law
- Engage in fraudulent activity
- Distribute malicious software
- Attempt unauthorised access to our systems
- Interfere with the operation or security of the Website
- Use automated systems to extract substantial amounts of Website data without our permission
Website Security
We take reasonable precautions in operating our Website but cannot guarantee that it will always be uninterrupted or free from technical errors or malicious software.
Nothing in this section excludes any obligation or liability that cannot lawfully be excluded.
Third-Party Links
Our Website may contain links to third-party websites.
These links are provided for convenience. We do not control those websites and are not responsible for their content.
Suppliers and Other Third Parties
We may use suppliers, distributors, couriers, payment providers and other third-party service providers in operating our business and fulfilling orders.
Our use of third parties does not exclude or reduce any responsibility we have to you under the Australian Consumer Law or other applicable law.
Events Outside Our Reasonable Control
We will not be responsible for a delay or failure to perform an obligation to the extent the delay or failure results from circumstances reasonably outside our control.
These may include natural disasters, severe weather, transport disruption, industrial action, government action, supplier disruption and telecommunications failures.
Where an event materially affects your order, we will take reasonable steps to notify you and determine an appropriate solution.
Nothing in this section limits any statutory rights or remedies that cannot lawfully be excluded.
Liability
Nothing in these Terms excludes, restricts or modifies:
- Any consumer guarantee under the Australian Consumer Law
- Any right or remedy provided by the Australian Consumer Law
- Any other liability that cannot lawfully be excluded, restricted or modified
To the extent permitted by law, Smartfox is not liable for indirect or consequential business losses arising from the use of our Website.
Any exclusion or limitation of liability contained in these Terms applies only to the maximum extent permitted by law.
General
Entire Agreement
These Terms, together with the policies expressly incorporated into them, constitute the terms applying to your use of our Website and purchases made through it.
Nothing in this section excludes liability for misleading or deceptive conduct or otherwise limits rights that cannot legally be excluded.
Severability
If a provision of these Terms is found to be invalid, unlawful or unenforceable, it will be modified or removed only to the minimum extent necessary.
The remaining provisions will continue to apply.
Waiver
If we delay or fail to exercise a right under these Terms, this does not necessarily mean that we have waived that right.
Assignment
We may transfer our rights or obligations where permitted by law and where doing so does not materially prejudice your rights.
Governing Law
Smartfox is operated from New Zealand.
These Terms are governed by New Zealand law, subject to any mandatory Australian laws that apply to Australian consumers, including the Australian Consumer Law.
Nothing in this section is intended to prevent an Australian consumer from exercising any right they have under applicable Australian law.
Contact Us
For questions regarding your order, these Terms or the Smartfox Website, please contact us in writing:
Email: info@smartfox.co.nz