Terms of Sale

In these Terms and Conditions, “we”, “us”, “our” or “Panasonic” means Panasonic Australia Pty Ltd (ABN 83 001 592 187), a company registered in Australia with our registered office at Level 1, 1 Innovation Road, Macquarie Park NSW 2113. We operate the Panasonic Online Store in accordance with these Terms and Conditions.

These terms and conditions of sale (“Terms and Conditions”) apply for the supply of all products (“Products”) by us to you when using our Online Store (“Site”) and the contract of sale between us and you for the products (“Contract”) purchased on the Site by you.

In order to use our Site you agree to these Terms and Conditions. You must not use the Site unless you are over 18 years of age as you cannot form a legally binding Contract with us.

1. Your Legal Status

1.1 By placing an Order on our Site you warrant that you are:

(a) at least 18 years of age
(b) a resident of Australia;
(c) capable of entering into and creating a legally binding contract;
(d) accessing our Site from Australia;
(e) providing accurate and complete information;
(f) purchasing Products for private, domestic or personal use only and non commercial purposes; and
(g) not purchasing the Products for resale.

1.2 We may reject an Order or rescind a Contract if you do not meet the criteria as specified in clause 1.1

2. Orders

2.1 By placing an order (“Order”) on this Site you are making an offer to us to purchase the Products listed in your shopping cart on the Site at that time in accordance with these Terms and Conditions.

2.2 Please choose your Products carefully by checking them prior to completing your Order. The price, availability, the applicable delivery and other charges which may apply to each Product and/or your Order may change without notice. We may limit the availability and location of deliveries to certain locations within Australia. It is your responsibility to check the Order before you complete the Site checkout process.

2.3 After submitting an Order, the Site will display an Order summary including an Order reference number and the details of the Product(s) you have ordered (“Order Summary”). The Order Summary and any email confirmation we send containing an Order reference number (“Order Confirmation”) is only an acknowledgement that we have received your Order and does not mean that we have accepted your Order. All Orders are subject to acceptance of your offer to buy the Product(s) ordered. Subject to the applicable laws these Terms and Conditions constitute the entire Contract between us and you for the supply of the Products.

2.4 We reserve the right to accept or reject your Order for any reason, including but without limitation, where:

(a) there is an error in your Order;
(b) the Product is not available;
(c) any attempt to pay by you has been rejected or failed;
(d) there is a Product pricing, part number, image or description error on the Site;
(e) if you do not meet the Your Legal Status requirements as set out in clause 1,
(f) delivery cannot occur due to an event beyond our control such as but not limited to a pandemic, storm, flood, earthquake, terrorism, strikes, war or failure of any system (eg computer or power), or
(g) we may limit the amount of Product ordered by you.

2.5 The Contract will only be formed for those Products which we confirm we will deliver to you.

2.6 We will make all reasonable efforts to notify of reasons as soon as possible after becoming aware of the reasons for the rejecting your Order.

2.7 We also reserve the right to rescind the Contract and/or cancel your Order at our sole discretion where:

(a) we find any inappropriate activity;
(b) for any reason your Order does not pass our internal validation procedures;
(c) if we believe an order maybe fraudulent; or
(d) there is conduct in breach of the Terms and Conditions. 

2.8 If you have paid in full for any Product on any cancelled Order which is not delivered to you, we will then provide a full refund for the amount paid by you as soon as is reasonably possible.

3. Products

3.1 The actual colour and dimensions of the Product described or depicted on the Site may differ from the screen image on the Site and/or displayed on your computer screen. Any screen images contained on the site may also be simulated for illustration purposes.

3.2 Any weights or dimensions (‘measures’) mentioned are approximate only. The actual packaging we may use to provide the Product to you may also differ from any packaging indicated on our Site.

3.3 We endeavour to display the colours and measures accurately but errors may occur.

3.4 The availability of Products which are the subject of your Order will be displayed on our Site at the time of placing your Order.

3.5 We reserve the right to suspend, modify or amend our Site, including the Products offered, at any time.

4. Areas and Places We Service

4.1 We do not accept Orders from outside of Australia.

4.2 Orders will only be accepted by us from you where a valid street delivery is provided within Australia. We do not deliver to post office boxes, parcel lockers or locked boxes.

4.3 We will not deliver Products to the following postcode areas within Australia:

4.4 We may limit the localities to which large or bulky Products are delivered. You will be notified at the time of checkout if your location is not eligible.

5. Delivery 

5.1 We must receive full payment of the price of the Products on your Order and any other charges (including where applicable delivery charges, handling charges and credit card payment fees that may apply to your Order) before the Products are delivered to you.

5.2 Any charges relating to the delivery of your Order will be calculated and displayed at the time of your Order Checkout.

5.3 We will determine the delivery method and carrier for your delivery. We may use subcontractors to fulfil the delivery of your Products. We do not allow the pickup and collection of your Order.

5.4 We reserve the right to cancel your Order, or any part of it, if a delivery limitation exists.

5.5 We will only deliver the Products to the delivery address specified in your Order. We will not deliver Products to your delivery address unless there is someone present to accept and sign for them during Business Hours. If someone is not present at your delivery address to sign for and take delivery of the Products, a delivery collection notice (“Delivery Notice”) will be left at your delivery address. In order to obtain the delivery of your Products please follow the directions in the Delivery Notice. 

5.6 Your Orders may be delivered in multiple instalments. Where your Order is delivered by instalments each instalment is treated as a separate transaction.

5.7 The following table provides an indication of the time taken to process and deliver an order from the time of despatch to you:

5.8 Deliveries will be made between Monday to Friday between 8.30am to 5.00pm (“Business Hours”). No deliveries will be made on public holidays and weekends. 

5.9 Once your order is despatched, we will send you an SMS notification with your tracking details if your order has a shipping weight of less than 23kg. For orders with a shipping weight of over 23kg, you will receive a telephone call from our delivery provider. Your Order status will update to a “Shipment in Progress”. Tracking beyond the SMS notification and the Order status update is not available from our Site.

5.10 If you have not received your Products or a Delivery Notice within a reasonable time of the estimated delivery time specified in your despatch advice, you should contact our Customer Service team.

5.11 The Delivery of Products does not include installation, the removal of any packing or the removal of any replaced items unless we expressly specify that we will do so and this service is included and paid for in your Order.

5.12 We will be deemed to have delivered the Products to you when we deliver them to the address you provided to us when you placed the Order.

5.13 If you fail to take delivery of any Products when they are made available to you or if you fail to provide us with accurate delivery instructions or consents required (other than an Authority to Leave at your door which we do not accept) to enable the Products to be delivered to you, we shall be entitled to directly or via our subcontractors:

(a) Arrange storage of the Product; and
(b) Pass on all costs and expenses with respect to any failed delivery which must be paid prior to the Re-delivery of your Product.

5.14 If for any reason, we are unable to deliver any part of your Order after a reasonable time has expired, you will be refunded the amount paid for the undelivered Products. 

6. Risk and Title

6.1 Title and Risk in the Products will only pass to you upon the delivery of the Products to a valid delivery address which is specified in your Order.

6.2 Until such time as the Products are delivered to you, the risk remains with us for loss or damage to the Product.

7. Price and Payment

7.1 The price of the Products will be stipulated on the Site at the time of placing the Order. Unless otherwise indicated on the Site, all prices for Products include all Australian taxes but do not include any credit card fee, any delivery charges or other fees and charges which may be applicable and charged to you when finalising your Order and at the time of checkout. Delivery charges will be shown in your shopping cart. Credit card fees will be calculated and added at the time of payment being made for your Order.

7.2 The Prices of Products and delivery charges (where applicable) may change from time to time so please check these charges before finalising your Order. The price displayed at the time that you place the Order will continue to apply to you even if the price changes after you have placed and paid for the Order.

7.3 You must pay in full for all Products you place on an Order by either using:

(a) a credit card - American Express, Visa or Mastercard are accepted;
(b) Paypal; or
(c) Afterpay. 

By using any of these payment methods, you warrant that you are the authorised person who has access to these accounts. 

7.4 We use the National Australia Bank Limited (“NAB”) service for processing credit card payments. We do not retain your credit card details. The use of the NAB service is also subject to their terms and conditions of use.

7.5 Where you elect to use Paypal or Afterpay, you must have an account with these respective third party payment providers and your payment must be made in accordance with the terms and conditions as specified by those providers. You will be deemed to have accepted those providers terms and conditions when you use their services.

7.6 In the event that we do not receive a payment from you for the Products, or you incur any debt to us in relation to the Products then we reserve the right to take recovery action against you.

Our Returns Policy

8.1 If you wish to return a Product to us, then please follow the processes as set out below depending upon the reason you are requesting the return.

8.1.1 Change of Mind

We have a change of mind policy for eligible consumers who purchase a Product from our Online Store. An eligible consumer can request a change of mind return provided the Product is returned within 14 days of the Order date, the Product is unopened, new and in its original condition including the packaging (“Change of Mind”).

Fridges are excluded from our Change of Mind policy.

In order to return a change of mind Product you must:

(1) Visit https://panasonicaustralia.returns.starshipit.com/ to generate a prepaid return label and arrange a date and time period for collection of the Product.
(2) Place the return label on the Product which must be in its original packaging.
(3) Make it available for collection to us via our designated courier and be in attendance when it is collected and retain a proof of collection.

Once we receive the Product from you in our warehouse and it meets all the criteria for a change of mind return, we will then process a refund for you within 10 business days of your Product being collected. Refunds will only be made to you based upon the original payment method used at the time of placing your Order.

If you do not meet the criteria for a Change of Mind then we will not be able to accept the return of the Product and process a refund.

8.1.2 Product Damaged During Delivery

We suggest that you check your product being delivered as soon as possible even if the product is not yet intended for immediate use.

If you find that your Product is damaged during delivery following an inspection you may request the return of the Product. 

You must submit this request within 21 days of your Product being delivered to you (as confirmed by the proof of delivery). 

You must contact our Customer Service team to arrange for the return of a product damaged during delivery. You will need to have the following information on hand when you contact the Customer Service team:

(1) The model number of the product received and damaged.
(2) Your proof of purchase (your invoice or Order reference number), and
(3) Images of the damages incurred.

When we approve the return of your Damaged Product, you must follow our instructions to arrange for the collection of the Product from you and also ensure that you return the Product in its original packaging.

8.1.3 Defective Product

If you received Product which is defective or doesn’t work due to a manufacturing fault, you can submit a request for the return of your Product within 21 days of the Product being delivered to you (as confirmed by the proof of delivery).

You must call our Customer Service team to arrange for an assessment of the Product. You will need to have the following information on hand when you contact the Customer Service Team:

(1) The model number of the product.
(2) Your proof of purchase (ie invoice), and
(3) Details of why the product is defective or doesn’t work

If we approve your return of Defective Product, you must return the
Product to us in packaging (in this case the packaging can be the original packaging or in suitable packaging (where the original packaging is no longer available) to ensure that the Product can be collected and properly transported. 

8.2 Our Customer Support Team will work with you to understand your issue. When we approve of your Damaged or Defective Product return, we will issue you with a Return Authority (“RA”) Number. We will then arrange for the collection of your Damaged or Defective Product at our cost. You must be present when the Product is collected and handed to the collection courier and retain a proof of collection.

8.3 All Damaged and Defective Product returns will be assessed upon receipt by us. Subject to that assessment which we will carry out within a reasonable time after the receipt of the Product, we will inform you of the following:

(a) If no fault is found, or the fault is found to be caused by you, your claim maybe rejected and we will return the Product to you and no refund will be provided.
(b) If your product is found to be consistent with your claim then we will in accordance with your instruction replace the Product and deliver the replacement Product to you or refund the price of the Product to you.

Refunds will only be made to you based upon the original payment method used at the time of placing your Order. Please allow at least 5 business days for a refund to be processed after we confirm the receipt and assessment of your Product.

Repairs and Servicing 

9.1 If you have had the Product for more than 21 days and you:

(a) suspect there is an issue with your Product, and
(b) the issue is related to our manufacturer’s warranty, or
(c) a Consumer Guarantee under the Australian Consumer Law

then please contact our Customer Service team for assistance and to arrange for an assessment by a one of our Authorised Service Centres.

Consumer Rights under the Australian Consumer Law

10.1 Consumers who acquire goods (“Products”) and services have a range of rights under the consumer guarantees set out in the Australian Consumer Law (“ACL”) that cannot be excluded or modified (“Consumer Guarantees”). Nothing in these Terms and Conditions is intended to exclude or modify the application of the Consumer Guarantees.

10.2 You are entitled to have goods repaired or replaced if the goods otherwise fail to meet the Consumer Guarantees and the failure does not amount to a major failure. You are entitled to choose a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damaged.

10.3 We offer a Product warranty with each Product purchased. The Product warranty may differ for each Product category. Details or our Product warranty can be found on our Site. The warranties we offer are in addition to your rights under the Australian Consumer Law.

Exclusion of Warranties

11.1 With the exception of the Consumer Guarantees and any other rights that cannot be excluded (“Non Excludable Rights”), to the fullest extent permitted by law, we exclude:

(a) any term, condition or warranty that maybe otherwise implied in these Terms and Conditions
(b) any liability for loss or damage incurred as a result of or in connection with the negligence of us and our agents and subcontractors; and
(c) any liability for consequential loss and in relation to any late or non delivery of the Products or failure of the Products 

11.2 If any condition, warranty, guarantee or other provision is implied or imposed in relation to the Contract between us and you and cannot be excluded (a “Non Excludable Right”) and we are able to limit your remedy for a breach of the Non Excludable Right, then our liability for a breach of a Non Excludable Right is limited to one of more of the following, at our sole discretion:

(a) in relation to goods, the replacement of the goods or the supply of the equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired, or
(b) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Privacy and Use of Your Personal Information

12.1 Any personal information you provide and/or which we may collect from you on our Site will be dealt with in accordance with our Privacy Policy (https://www.panasonic.com/au/privacy-policy.html).

12.2 Your data protection and privacy rights are set out in our Privacy Policy. You agree to allow us to use your personal information and data in accordance with our Privacy Policy.

Your Use of Our Site

13.1 The trademarks, logos and service marks (collectively the “Trademarks”) contained in this Site, unless otherwise specified, are trademarks of Panasonic and/or its affiliates. Any Trademarks used on the Site are trademarks of the respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks displayed on the Site without the express permission of Panasonic. The trademark “Panasonic” and any other product names, service names or logos of Panasonic used, quoted and/or referenced in the Site are trademarks or registered trademarks of the Panasonic Corporation or any of its affiliates 

13.2 The information in the form of the text, graphic, audio, videos, downloads, link, source codes, copyrights and information about the Products (the “Content”) is the property of Panasonic.

13.3 Copyright may exist on various Content within the Site. Unauthorised recording of content materials contained on the Site maybe contrary to applicable copyright laws. We do not grant you a licence or property rights in relation to the Content.

13.4 The Content on the Site is published for your personal reference. You must not only use it for personal use and must not use it for commercial purposes, unless you have been given specific permission by us to do so.

13.5 We do not warrant the accuracy, completeness or thoroughness of the Content (including any Product information) or other items contained on the Site or any affiliated website that may be operated by Panasonic that is linked to the Site or which maybe s provided in respect of Products on the Site.

13.6 We reserve the right to withdraw or amend the Site without notice. We shall not be liable if, for any reason, the Site is unavailable for any period of time.

13.7 While we will endeavour to make all efforts to ensure that the information on the Site, including information relating to Content and Products is correct, the information we display is provided without any guarantees, conditions or warranties as to its accuracy, including but not limited to, the information about the Products and the prices described for the Products.

User Access and Availability

14.1 You may use the Site as a Guest or by creating a User Account.

14.2 If we provide you with User details or you establish a User Account to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilize your User Details. Panasonic is entitled to act on instructions received under your User Details. Panasonic cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from the failure to adequately protect your User Details. For security purposes you should secure your User Details.

14.3 From time to time we may restrict access to your User Account, groups of Users or all Users or to our entire Site without Notice.

14.4 We may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and the licences granted by you by Panasonic, and any Panasonic disclaimers and limitations of liability will survive such termination.

14.5 You are responsible for making all arrangements to access the Site. You are also responsible for ensuring that any access to the Site is done in accordance with these Terms and Conditions. You must notify us if you suspect or become aware that anyone has accessed the Site using your User Account in an unauthorised manner or where your User Account has been compromised.

14.6 You agree to indemnify Panasonic and keep Panasonic indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by Panasonic as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms of Use, by you or anyone using your User Details.

Viruses, Hacking and Offences

15.1 You must not use the Site and knowingly introduce viruses, worms, trojans, logic bombs and other malicious or harmful material. You must also not or not be involved in an attempt to attack via a service denial attack or any use other forms of similar attack means on the Site. We will not be liable for any loss or damage caused by service denial attack or any other attack viruses or harmful material that may infect your computer equipment or computer programmes, data or any other materials which you possess on your computer due to your use of our Site or downloading material from our Site or any website linked to our Site. 

15.2 You must further not attempt to access the Site in an unauthorised manner. 

Notices and Communications

16.1 We will communicate in most cases electronically with you in writing. We will contact you by email or SMS. We will in addition post information on our Site. You agree to this electronic means of communication and acknowledge that all such communications in writing to you will comply with all legal requirements where such notices are required to be given in writing.

16.2 All formal notices given by you to us must be given to Panasonic Australia Pty Ltd (ABN 83 001 592 187) of Level 1, 1 Innovation Road, Macquarie Park New South Wales 2113. We may give notice to you either by the email or postal address that you provide to us when placing an Order in any ways specified in clause 16.1. Notices given to you will be deemed received by you when posted on our Site, within 24 hours after an email or SMS is sent, or if posted by letter five working days after the letter is posted by us. For the purposes of proving the service of any notice, it will be sufficient proof that in the case of a letter we sent the letter to the nominated address and in the case of an email to the nominated email address provided by you.

Out of Control Events

17.1 We will not be responsible or liable for any failure to perform or delay in the performance of any of our obligations that is caused by an Out of Control Event (as described below).

17.2 An Out of Control Event means any act beyond our control including, but not limited to, acts of God, wars, civil unrest, a terrorist attack, threats of a terrorist or harmful or malicious attack, strikes, lockouts or industrial actions by third parties, a pandemic, fire, explosion, storm flood, earthquake, supplier or subcontractor failure, a public or private telecommunications network or service failure, an action by a government authority or a natural disaster.

17.3 If an Out of Control Event occurs that affects the performance of our obligations we will notify you as soon as possible and then suspend the performance of our obligations until such time as the Out of Control Event ceases to exist.

17.4 Where an Out of Control event affects the delivery of the Products to your nominated address, we reserve the right to defer or extend the delivery date.

Waiver

18.1 Failure by us to insist on any strict performance of any provisions of the Terms and Conditions, or if we fail to exercise any rights or remedies to which we are entitled to enforce, this will not be deemed a waiver of our rights and remedies and will not relieve you of your obligations for compliance with these Terms and Conditions.

18.2 No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and communicated to you in writing.

Severability

19.1 If any provision of these Terms and Conditions or the Contract with you is found to be invalid or unenforceable by any court or regulatory authority, such invalidity or unenforceability of the provision will not affect the remainder which will continue in full force and effect.

Applicable Law

20.1 The Terms and Conditions are governed and construed in accordance with the laws of New South Wales, without reference to its conflict of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales with respect to any dispute arising out of these Terms and Conditions and/or any Contract for the purchase of the Products through our Site.

Entire Agreement

21.1 We will rely on these Terms and Conditions in relation to the placing of Orders by you and any Contract formed between you and us for the purchase of the Products. Unless otherwise agreed and specified in writing by us to you, these Terms and Conditions form the entire agreement between us and you.

Customer Service Team Contact Information

Our Customer Service may be contacted by the following methods during business hours from 8.30am to 6.00pm Australian Eastern Standard Time (“AEST”) between Monday to Friday but excluding public holidays.

Telephone: 13 26 00

Email: online@panasonic.mailus.com.au