ARB Online Customer Terms & Conditions
ARB Online is operated by ARB Corporation Ltd (ACN 006 708 756) and/or its authorised agents (“We” or “Us” or “Our”). “ARB Online" comprises all ARB Corporation owned Websites, the software associated with those Websites and the facility to enter into transactions to place an order for products (“Order”) sold via a store that is operated by Us, Our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) and/or independent sellers, stockists or distributors of ARB Products.
To view Our Privacy Policy, click here.
To view Our Website Terms & Conditions of Use, click here.
Acceptance of Terms & Conditions
By viewing, using, accessing, browsing, or submitting any content or material on ARB Online, You agree to abide by and the application of these ARB Online Customer Terms & Conditions, Our Privacy Policy, and Our Website Terms & Conditions of Use (collectively Our “Terms & Conditions”). If You do not agree to these Terms & Conditions, then You may not use ARB Online.
Use of ARB Online
ARB Online is only for the purchase and delivery of ARB Products within Australia. Not all products can be purchased via ARB Online.
By registering for ARB Online, You warrant to Us that You are at least eighteen (18) years old and are an Australian resident.
You must keep any means of identification that We provide to You, secure, in order to access ARB Online. We take no responsibility for any transactions which may occur as a result of a disclosure by You of Your password to third parties, even if that disclosure by You is accidental, unintentional or inadvertent. You are responsible for all use of ARB Online, and all transactions entered into by means of and through ARB Online, using this user identification.
You agree to comply with ARB’s Website Terms & Conditions of Use.
You further agree:
(a) not to Use ARB Online for any commercial or re-supply purposes;
(b) not to access ARB Online using a third-party’s account/registration without the express consent of the account holder;
(c) not to Use ARB Online for illegal purposes;
(d) not to pay, or attempt to pay, for a product using any fraudulent or unlawful means;
(e) not to commit any acts of infringement on ARB Online or with respect to content on ARB Online;
(f) not to copy any content, for republication in print or online or any other purpose;
(g) not to disrupt, interfere with, or otherwise harm or violate the security of ARB Online, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ARB Online or affiliated or linked sites.
Orders
Any Order for a product placed through ARB Online is an offer by You to purchase a particular product for the price shown on ARB Online at the time You place the Order.
Pricing
All product prices are quoted inclusive of GST. You agree to pay all taxes (including GST) payable in connection with this contract.
Delivery costs will also be charged on Orders delivered to You. Further details on delivery are set out under the Delivery section below.
Payment
Full payment for products in the amount displayed on the Website must be made at the time You place Your Order and these funds will be managed by Us in accordance with these Terms and Conditions.
You authorise Our agents to charge the amount displayed on the Website in respect of Your Order to the credit card designated by You. If payment is not received from the card issuer or its agents for any reason, You agree to pay Us all amounts due on demand.
Acceptance or Rejection of an Order
When You place an Order to purchase product(s) via ARB Online, We will send You an email confirming receipt of Your Order and containing the details of Your Order. This email is an acknowledgement that We have received and accepted Your Order.
Once We have received Your Order, Your Order will be allocated to an ARB Store or Preferred Partner for processing. Once Your Order has been allocated, the relevant ARB Store or Preferred Partner will contact You by email or phone (where the order is a click & collect order) to confirm the details of Your Order.
Electronic invoices and receipts will be emailed to You at the email address provided by You in relation to the Order.
Each Order placed through ARB Online that is accepted by an ARB Store or Preferred Partner results in a separate binding agreement based on these Terms and Conditions between You and the relevant ARB Store or Preferred Partner for the supply of those product(s).
For each Order accepted by an ARB Store or Preferred Partner, the relevant ARB Store or Preferred Partner will supply the product(s) in that Order to You in accordance with these Terms & Conditions.
Rejection of an Order
We may reject all or any part of an Order placed through ARB Online without liability to You for that rejection if:
(a) it is unable to fulfil the Order;
(b) a product in that Order is not available;
(c) there is an error in the price or the description of the product posted on ARB Online; or
(d) the Order triggers fraud prevention protocols.
If We reject an Order, then We will endeavour to notify You of that rejection at the time You place the Order or within a reasonable time after You place the Order.
On cancellation of an Order, We will refund Your payment to You via the same payment method as You used to purchase the product/s.
Cancellation or Amendment of an Order by ARB
Any ARB Store or Preferred Partner may cancel or amend any or all of an Order (including any Orders that have already been accepted) without any liability to You for that cancellation at any time if:
● a product in that Order is not available;
● the ordered Product is no longer available or has been superseded or upgraded;
● there is an error in the features, specifications or price of a product posted on ARB Online for a product in that Order; or
●We or the ARB Store or Preferred Partner reasonably believes Your Order has been placed in breach of these Terms & Conditions.
If Your Order is no able to be amended and must be cancelled, We will refund Your payment or relevant portion of the payment to You via the same payment method as You used to purchase the product/s. If We cannot stop the shipment of the Order at the time of cancellation, then You will be required to refuse delivery or return the product(s) in Order to receive a refund.
In store refunds will not be processed for purchases of products made via ARB Online.
ARB eCommerce Assist will contact You if your Order is amended or cancelled to determine the appropriate resolution for Your Order.
Delivery
Delivery times may vary depending in several factors outside of the control of ARB including Your location and the shipping carrier. While We strive to ensure timely delivery, please note that We cannot be held liable for any delays caused by the courier once the Order has been dispatched from Our warehouse.
Products can only be delivered within Australia. No Orders will be accepted for delivery outside of Australia.
It is the customer’s responsibility to ensure correct delivery address and access details are provided at the time of placing the Order.
We use all reasonable endeavours to meet the estimated delivery date, however You agree that We will not be liable for any loss or damage, however it arises, if the products are delivered within a reasonable time after the estimated delivery date.
Products will only be delivered if a person aged over 18 and able to accept delivery is at the delivery address. A card will be left and You are responsible for organising collection from the address identified on the card if delivery cannot be made because an appropriate person is not present.
Click & Collect
Click & Collect is limited to certain product categories and participating ARB Stores and Preferred Partners. We reserve the right to change the categories and types of products that are available for a click & collect purchase at any time without notice.
If You provide Us with your email, you will receive an email when Your Order is ready for collection.
The person collecting the Order:
(a) must collect the Order from the participating ARB Store or Preferred Partner selected for Click and Collect when the Order was placed;
(b) must provide a copy of the Order confirmation; and
(c) must provide photographic identification when collecting the Order.
The person collecting the Order acknowledges that the ARB Store or Preferred Partner from which the Order is collected may record the details of any identification provided in relation to the collection of the Order in accordance with Our Privacy Policy.
For larger items be aware that You may need two people to safely carry Your Order. You acknowledge that it is Your responsibility to safely transport Your items from the point of collection.
Please call Your nominated Click & Collect ARB Store or Preferred Partner if You are unable to pick up Your Order within 14 days of You receiving notification that Your Order is ready for collection.
Risk & Title
Risk in ARB products the subject of an accepted Order passes on delivery of the products to the customer or its nominated agent or representative.
Title passes on the later of:
(a) delivery of the products the subject of an accepted Order to the customer or its nominated agent or representative; and;
(b) receipt by Us of full payment for the products by either cash or clearance of funds into Our bank account.
Advice & Technical Information
Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by Us or an ARB Store or Preferred Partner in relation to any products is given in good faith and is believed by Us or the relevant ARB Store or Preferred Partner. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided in relation to any products is approximate only.
Privacy
We are fully committed to respecting Your privacy. For a more detailed view of Our Privacy Policy, click here.
ARB Warranty and Consumer Guarantees
We guarantee the product against all defects for the warranty period from the date of purchase. The specific terms and conditions for the warranty applicable to the purchased product, can be found on or in the packaging provided with the product purchased together with the ARB Warranty Policy which can be found here.
Exclusions: Subject to the Australian Consumer Law, any applicable Warranty does not apply to any products sold as seconds, floor stock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product. In addition, the Warranty will not apply if:
(a) Repairs to a product are made or attempted by a service provider other than one approved by Us.
(b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product and/or any relevant care instructions.
(c) The customer uses the product in an abnormal manner: for example if the product is abused, misused, normal wear and tear or a failure to follow any user instructions or warnings provided with the product.
(d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(e) The product is tampered with in any way.
(f) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Consumer guarantees: 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the consumer laws in Australia, the exclusions that apply to any applicable Warranty described in the Exclusions above, also apply to the consumer guarantees.
Consumer Guarantee Remedies: If there is a major failure with a product, You are entitled to:
(a) reject the product and get a refund;
(b) reject the product and get an identical replacement, or one similar in value if reasonably available; or
(c) keep the product and obtain compensation from Us for the drop in value of the product caused by the major failure.
If there is a minor failure with a product, You are entitled, at Our election to:
(a) a refund of the cost of the product;
(b) replacement of the product; or
(c) have the product repaired within a reasonable time.
Exclusion of Implied Warranties: Subject to the above, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded the greatest extent permitted by law. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, We are entitled to limit Our liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
Change of Mind Policy
We will accept a request for cancellation of any Order if You change Your mind in our absolute discretion and subject to the following conditions:
(a) The product must be returned unused in its original packaging and in resellable condition within 14 days or receipt of the product by You;
(b) You must pay all applicable travel, shipping or courier costs to facilitate the return of the product to Us; and
(c) A restocking fee equal to 20% of the purchase price for the product may apply before the product is accepted by Us.
Made to Order or Custom Products
Notwithstanding any other provision of these terms and conditions, Orders for products which are made to individual customer specifications which may include painting or powder coating of the product cannot be cancelled or returned if the customer decides they no longer want the products simply due to a change of mind. For the avoidance of doubt, this Clause is not intended to, and does not, limit Your rights as a consumer under applicable consumer protection legislation (including the Australian Consumer Law) in relation to custom made furniture products.
How to Make a Claim
To claim under a Warranty, please refer to Our Warranty Claim process clicking here.
To claim under a consumer guarantee, please contact Your ARB Store or Preferred Partner by locating the store number on Our Website. You will be directed to either return the product for inspection, or the relevant ARB Store or Preferred Partner will arrange for the product to be inspected at Your premises. The relevant ARB Store or Preferred Partner reserves the right to charge a reasonable upfront call out fee prior to inspection of the product, in which case such a fee will be refunded should the relevant ARB Store or Preferred Partner (acting reasonably) determine You have a valid claim. If the relevant ARB Store or Preferred Partner (acting reasonably) determines that You do not have a valid claim, the upfront call out fee may be retained by Us.
If You are directed to return the product to an ARB Store for inspection/repair, You will need to arrange and pay for the transportation of the product to the relevant ARB Store. If the product cannot be returned, removed or transported easily because of its size or height, Your ARB Store or Preferred Partner will arrange and pay for the transportation of the product. If the relevant ARB Store or Preferred Partner (acting reasonably) determines there is a valid claim, the relevant ARB Store or Preferred Partner will reimburse You for any reasonable transportation costs paid by You. If the relevant ARB Store or Preferred Partner (acting reasonably) determines that You do not have a valid claim, You must reimburse Us for any transportation costs that the ARB Store or Preferred Partner has paid and any return transportation costs.
The relevant ARB Store or Preferred Partner will assess the product to determine the nature of the issue, whether You are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to You. Sometimes the ARB Store or Preferred Partner may have to forward the product to the manufacturer or repair agent and liaise with them. Before a claim will be processed the relevant ARB Store or Preferred Partner will require proof of purchase from You (that is, the original sales docket receipt or another acceptable form of proof of purchase).
We will do Our best to resolve the issue in a timely manner. For any queries please contact Your ARB Store or Preferred Partner or call (03) 9761 6622.
Complaint Handling Process
Customer satisfaction is of the utmost importance to Us. In the unfortunate event that something has gone wrong with Your ARB experience, We would like to hear about it.
In the first instance please approach the ARB Store or Preferred Partner that fulfilled Your Order directly, in person or over the phone, and explain the problem with the product or service.
Keep notes of Your contact with the relevant ARB Store or Preferred Partner including:
● name of the person You spoke to;
● date of Your meeting or phone call;
●the content of Your discussion.
If verbal or written communication (email/letter) to the ARB Store or Preferred Partner You originally dealt with does not resolve Your issue, ARB Corporation Limited can be contacted at:
Warranty Department
ARB Corporation Limited
42 Garden Street, Kilsyth, Victoria 3137
Phone: (03) 9761 6622
Email: warranty@arb.com.au
The quickest way to resolve most queries or concerns is often to speak directly with the ARB Store or Preferred Partner fulfilling Your order. We recommend speaking to them first as They can often address many issues on the spot. We aim to respond to all enquiries within 24 hours (excluding Weekends and public holidays) and will work closely with the relevant ARB Store or Preferred Partner to assist You.
The ARB Online Terms & Conditions form a binding legal agreement between You and Us. The ARB Corporation In-Store Customer Terms & Conditions apply to in-store purchases from ARB Corporation Stores. Both terms and conditions can be found at www.arb.com.au.
Products are suitable for domestic Use only unless otherwise specified.
We may modify these Terms & Conditions at any time without prior notice by posting a revised version of the Terms & Conditions on the ARB Corporation Website at www.arb.com.au and making the terms and conditions available in-store. The amended agreement will take effect from the time of posting on the Website but will not impact any Orders that have been accepted by an ARB Store or Preferred Partner prior to the time of posting.
If any part of these Terms & Conditions is found to be void, invalid or otherwise unenforceable, then that part will be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms & Conditions will continue to be enforceable and valid.
These Terms & Conditions will be governed by and construed in accordance with the laws of the State or Territory in Australia where the products are purchased. The parties agree to irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts in the State or Territory in Australia where the products are purchased.