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Terms for purchase

Privacy policy

General terms and conditions of sale to consumers

Please read these Terms and Conditions of sale carefully before making your decision to purchase.

1.   General
1.1   This Web Site is intended only for consumers wishing to order Philips products ("Products") online for delivery in Australia (for details of places where Philips delivers to please see section 6). Philips does not accept orders for delivery outside of Australia.
1.2   The terms and conditions under which the Products are offered for sale on this Web Site are set out below. By ticking the "I have read and agree" box on the order form and submitting the order, you accept and agree to be bound by these terms and conditions.
1.3   Philips reserves the right to change these terms and conditions at any time without prior notice. Such change however will have no effect on orders that were submitted before the publication of such revised terms and conditions on this Web Site.
 
2.   Placing Your Order
2.1   To place an order you must be 18 years of age or over, be able to be contacted by telephone and have a valid email address.
2.2   You may place an order by filling in the order form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button.
2.3   When you place your order, Philips will issue you with a Web Order Number. Philips will do this via the Web Site, unless you have placed your order by telephone, in which case Philips will issue your Web Order Number when you call us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your order.
2.4   By placing an order, you make an offer to us to purchase the Products you have selected on these terms and conditions. Philips may or may not accept your offer at our discretion or may reduce the number of Products we accept to deliver to you. Philips will not charge you for any Products ordered by you that are not accepted by Philips.
2.5   Orders submitted by you are binding on you and cannot be cancelled after order submission.
2.6   If Philips accepts your order, Philips will notify you of the acceptance of your order by sending an order confirmation to you by email The order confirmation will be effective as of the date on which the order confirmation is sent to you. If Philips cannot accept your order, or part of your order, Philips will contact you by email, telephone or post.
2.7   You accept that the on-screen display of the colours and designs of the Products may differ from the actual colours or designs of the Products offered on the Web Site.
 
3.   Supply of Your Products
Subject to these terms and conditions, Philips will supply to you the Products indicated on your order confirmation.
 
4.   Prices
4.1   All prices are in Australian dollars (AUD). Prices shall be those prices published on this Web Site at the time you submit your order.
4.2   The prices published on the Web Site are inclusive of GST but exclusive of delivery and handling charges, which you must pay. These costs will be calculated separately as applicable, will be specified on the order form and added to the total price of the order.
 
5.   Paying for Your Products
5.1   You may pay for your Products using one of the methods of payment displayed on the Payment Information section of the Web Site.
5.2   You must pay for your Products in the currency as indicated on your invoice.
5.3   If you are paying by credit or debit card, then you must supply your credit or debit card details when you place your order. Your credit or debit card will be charged when we receive authorisation from your card issuer. Subsequent to this, the Products that you have purchased will be invoiced and dispatched to you. If Philips does not receive authorisation from your credit or debit card issuer for the use of your card for payment of the Products, Philips shall inform you accordingly and no Products will be supplied to you through the order placed on this Web Site. Philips reserves the right to verify the identity of the credit or debit card holder by requesting appropriate documentation.
 
6.   Delivery of Your Products
6.1   Orders placed on this Web Site can only be delivered to the places in Australia listed here www.startrack.com.au.
6.2   Philips will deliver the Products to the delivery address you have specified in the order form and in accordance with the delivery option you have chosen. In the event you order various Products to be delivered to different addresses, you will need to submit a separate order form for each delivery address.
6.3   Any delivery or shipment dates given by Philips are best estimates only and Philips shall not be liable for any loss, damage, costs or expenses incurred by you for Philips' failure to deliver in accordance with the estimated delivery or shipment dates given. In the event any of the Products ordered is out of stock, the whole order may be delayed. If this is the case, Philips will provide you with an estimate of the delay by email or post. Delivery shall in any case be made within thirty (30) days from the date indicated on the order confirmation by Philips.
6.4   Title to and risk of loss in your Products will pass to you on delivery of the Products.
 
7.   Our Warranty
7.1   Philips warrants that the Products shall be free from defects of workmanship and materials and will perform in accordance with the Product specifications which can be found in the packaging for the Product.
7.2   This warranty is valid for the period set out in the warranty statement accompanying the Product (warranty period).
7.3   If the Product is found to contain a defect of workmanship or materials or fails to perform in accordance with the Product specifications during the warranty period, Philips will repair or replace, at its option, the defective material or part.
7.4   You can make a claim under this warranty by contacting Philips directly to make arrangements for the return of the Product and to obtain a Return Authorisation (RA) number. Philips' contact details are as follows:
Philips Sleepeasy
Tel: 1800 668 797
Email: sleepeasy@philips.com
You must provide the Web Order Number (which you received when you placed your order) to Philips to obtain an RA number. The RA number must be marked clearly on the documentation accompanying the Products that are returned.
7.5   You are responsible for returning the Product for repair or replacement at your own cost to the address set out in clause 7.4. Philips is responsible only for the freight cost of transporting the Product from Philips to you after repair or replacement of the Product.
7.6   This warranty does not cover damage caused by accident, misuse, abuse, alteration, and other defects not related to materials or workmanship.
7.7   This warranty is not transferrable by you in the event of any sale or transfer of Products purchased by you.
7.8   The benefits under this warranty are given in addition to any warranty, right, remedy or consumer guarantee implied by any applicable law which is non-excludable. However, all other implied warranties are expressly excluded.
7.9   The following statement is provided to anyone who is a "consumer" under the Australian Consumer Law:
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 good repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
 
8.   Limitation of Liability
8.1   To the fullest extent permitted by law, where:
a) you have the benefit of a guarantee under the Australian Consumer Law, but the Product is not of a kind ordinarily acquired for personal, domestic or household use or consumption; or
b) you do not have the benefit of a guarantee under the Australian Consumer Law,
Philips liability shall be limited, at the option of Philips, to the replacement or repair of the Product or the supply of an equivalent product.
8.2   Notwithstanding clause 8.1, to the fullest extent permitted by law, we will not have any liability to you for any loss of revenue, loss of profits, incidental, indirect, consequential, special or punitive loss or damages.
8.3   Nothing in these terms and conditions shall be construed as affecting any rights you may have as a "consumer" under any applicable law which gives you rights which cannot be modified, restricted or excluded by agreement.
 
9.   Returns
9.1   Subject to clause 9.2, any returns you wish to make that are not covered by clause 7 above (for example, if the Product is not defective but you have ordered the wrong product in error), will be at the sole discretion of Philips and must be approved by Philips in writing before the Product is returned. Philips will not accept a Product return for change of mind.
9.2   If Philips erroneously ships you a Product that is not the Product you ordered, Philips will upon return of the Product replace the Product with the Product you ordered.
9.3   In order to return Products in accordance with clauses 9.1 or 9.2 above, you must contact Philips by following the process set out in clause 7.4 above.
 
10.   Privacy
10.1   Your transaction records are accessible to you if you are a registered customer by entering your Web Order Number(s) so that you may check the status of your order(s) and check the order content.
10.2   By placing your order, you agree and understand that Philips may store, process and use the data collected from your order form for processing your order. These data will be treated in conformance with the Philips Privacy Policy which is available by clicking on the button "Privacy Policy" in the footer of this Web Site. If you wish to have access to information we hold concerning you, or if you want to make any changes, or if you do not want to receive information from Philips please follow the update procedure set out in Philips' Privacy Policy.
 
11.   Circumstances beyond Philips reasonable control
11.1   Philips will make every effort to perform its obligations under these terms and conditions. However, Philips is not liable for any delays or failure to perform its obligations if such delay or failure is caused by any circumstances beyond its reasonable control. In the event of a delay, Philips will perform its obligations as soon as reasonably practicable.
11.2   If, as a result of circumstances beyond Philips' reasonable control, Philips fails to despatch Products that you have paid for within 30 days, you may cancel your order and Philips will refund you the amount you paid for the Products.
 
12.   Complaints and dispute resolution
12.1   If you have a query, complaint or dispute associated with these terms and conditions, contact Philips at:
Philips Sleepeasy
Tel: 1800 668 797
Email: sleepeasy@philips.com
12.2   Philips will try to solve any complaint or disagreement raised by you quickly, efficiently and amicably. If you are not happy with Philips' resolution of the complaint or disagreement, you have the right to take the complaint or disagreement to the relevant tribunal in your State or to a court within Australia. The laws of the State of New South Wales govern the supply of Products under these terms and conditions. You and Philips submit to the non exclusive jurisdiction of the courts of New South Wales and of courts entitled to hear appeals from those courts. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
 
13.   General
13.1   Neither Philips' failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13.2   The invalidity or unenforceability of any provision of the contract shall not adversely affect the validity or enforceability of the remaining provisions.