1.Sales of Goods
The Seller will sell, transfer and deliver to the Buyer the goods purchased within estimate of 3-14 business days or otherwise as buyers tracking estimate shows (after dispatch of buyers order).
2. Purchase Price
The Buyer will accept the Goods and pay for the Goods In the full amount as issued according to their order placed, paid by Card, Bank transfer, Paypal, by instalment payment merchants example: After pay, humm, Zippay ect or otherwise any other form of currency agreed to prior as required in clause 3 of this Agreement.
2.1 The Seller and the Buyer both acknowledge the sufficiency of this consideration. In addition to the Purchase Price specified in the buyers order, the amount of any present or future use, excise or similar tax applicable to the sale of the Goods will be paid by the Buyer unless the Buyer provides to the Seller a tax exemption certificate acceptable to the applicable taxing authorities.
2.2 The Purchase Price is inclusive of Goods and Services Tax. The Seller will provide a valid tax invoice to the Buyer that complies with requirements imposed by the Australian Taxation Office.
3. Payment
The Buyer will make payment for the Goods at the time of checking out and pay in full AUD currency before order is to be shipped out by seller.
4. Delivery of Goods
The Goods will be deemed received by the Buyer when delivered to the Buyer at
The method of shipment methods provided by the seller.
4.1 The Seller will select best suited delivery option at the time and choice, method will be determined by factors including cost, delivery time frame and the safest method of transport. National standard delivery costs will be covered by the seller for orders $45 and above unless otherwise disclosed by the seller.
4.2 For expedited delivery methods will be at additional cost to the buyer, cost will be calculated based on timeframe the buyer needs the goods by, cost and the safest method of transport.
5. Inspection
Inspection will be made by the Buyer at the time and place of delivery.
If comes to any refund will not include costs of delivery or installation/de-installation. Those costs will be borne by the Buyer.
6. Claims
The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Goods and a waiver by the Buyer of all claims with respect to the Goods.
7. Excuse for Delay or Failure to Perform
The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labour disputes, buyer providing wrong delivery address, buyer not being their to sign and or has not given permission to leave, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement. In all other cases, if the Seller fails to deliver the Goods to the Buyer within the time and manner specified in this Agreement, the Buyer may provide written notice of the default to the Seller. If within seven (7) days of the notice being received, or within such other time period as agreed to by the parties, the default is not corrected, the Buyer may immediately terminate this Agreement.
This clause regarding delays and non-delivery shall not apply to pre-order items, which are subject to their own separate terms and conditions specified in the pre-order agreement between the Buyer and the Seller. Any disputes or issues related to pre-order items shall be governed by the terms and conditions of the pre-order agreement.
This addition clarifies that pre-order items are not covered by the terms of this specific clause and have their own set of terms and conditions outlined in a separate agreement.
8. Risk of loss
Risk of loss will be transferred over onto the Buyer from the time of item being marked as delivered on tracking. If needed the Buyer can purchase, at its expense, insurance on the Goods at checkout.
9. Warranties
For peace of mind, Electra Mirrors offer a warranty on some of our products. We set out below what products our warranty applies to, and all the information you need to know about Submitting a claim.
9.1 Who is this Warranty Between?
This warranty is between Electra Mirrors ABN 96 375 547 344 (we, us or our) and you, the person or entity that has purchased products from us (as specified below).
9.2 Warranty covers
You are entitled to a replacement for a minor failure, You are also entitled to have the goods repaired or replaced if the goods don’t function as advertised (from our fault) and the failure does not amount to a major failure.
Minor failure defined: The item is deemed of minor failure if it can be replaced or repaired by the seller within reasonable time frame.
Examples that are not of minor failure & issues that the seller will not cover under the warranty or guarantee:
- Dust on Arrival: The presence of dust on the item that can be easily wiped off by the buyer is not considered a valid reason for a warranty claim.
- Custom Alterations: Any damage to the product resulting from custom alterations or modifications made by the buyer is not covered. The product's warranty is voided if the buyer makes unauthorised changes.
- Improper Assembly or Use: Damage caused by the buyer due to incorrect assembly or improper use of the product is not eligible for warranty coverage. It is essential for the buyer to follow assembly and usage instructions accurately.
- Delayed Reporting of Damage: If the item arrives damaged, and the buyer assembles it without promptly notifying the seller within a reasonable timeframe, the seller is not responsible for repair or replacement. It is the buyer's responsibility to report and address damage promptly before assembly is commenced.
- Our Hollywood mirror bulbs are easy to replace in all our mirror models, although they are not covered by our warranty due to their infrequent need for replacement. Should replacement become necessary, it is the buyer's responsibility.
Our team is here to assist you throughout this process. We can guide you on selecting the right bulbs or LED lights, recommend trusted sources for purchase, and provide step-by-step instructions for replacement. When the time comes, we can often supply you with the needed bulb or LED replacement.
We are committed to ensuring your Hollywood mirror maintains its brilliance. Reach out to us for any assistance or information on bulb or LED replacement. Your satisfaction is our priority.
These examples clarify the instances in which the seller's coverage does not apply, ensuring that buyers understand the limitations of the warranty or guarantee.
9.3 When This Warranty Applies
If during the Warranty Period, there is a fault or defect in the functionality of a Product as a result of our default (Defect), then we will use our best endeavours to remedy the Defect at our cost. Warranty begins from the date of purchase.
What Products our Warranty Applies to
Our warranty applies to the following ranges of products: Furniture Range (including vanity tables, drawers and chairs) includes 2 year warranty and Hollywood and Crystal Vanity Mirrors includes 2 year warranty
9.4 Making a warranty claim
To make a claim under this warranty, you must notify us by email as soon as you become aware of the Defect, and in any event, within 10 days of when you order arrives you must notify us, and include the following information in your email:
• your order number;
• if you are making a claim for a vanity mirror, table or drawer, a photograph of the sticker on the Product with the relevant batch number;
• a description of the issue; and
• a photograph or video (required for some issues such as light flickering) so that we can see the Defect
You must work with our support team and provide any other information we reasonably require to assess your claim, including so that we can clearly diagnose the Defect from your photographs or videos. We will notify you of our determination as to whether your claim is valid under this warranty and any determination we make will be final and binding.
9.5 If your Claim under our Warranty is Successful
Subject to your rights and remedies under the Australian Consumer law, if we determine your claim under this warranty is successful, we may, in our discretion, elect to:
• repair or replace your Product
If any materials, parts or features required to facilitate any repair or replacement are unavailable or no longer in production, or your model of Product is no longer available or in production, we will either use our best endeavours to repair the Product using appropriate equivalent materials, parts or features, replace the Product with an appropriate equivalent model as required, and as determined by us in our sole discretion. If the defective part of the Product is not essential to the functionality of the Product, for example a power port stops working on a mirror, then we may issue a partial refund to you. This warranty only sets out the Warranty Period within which we will offer you a repair or replacement. Your rights under the Australian Consumer Law may extend beyond the Warranty Period.
9.6 Returns and Delivery Costs
Subject to your Australian Consumer Law rights, if you make a claim under a warranty and need to return a Product to us, it is your responsibility to dissemble the Product and box it up to return to us. Items must be returned to us in original packing (Foam, Packing Box ect.) and unused.
If we determine, using the photographs or videos provided by you, that you have a valid warranty claim, then you will need to return the items to us costs associated with returning the Products will be covered by the buyer unless deemed otherwise by Electra Mirrors.
If we cannot clearly see the Defect via the photographs or videos you submitted as part of your claim (or you do not provide any), then you will be responsible for return shipping costs so that we can identify if there is a Defect.
9.7 Exclusions From our Warranty
To the maximum extent permitted by law, this warranty does not cover, and we will have no liability, and you waive and release us from any liability (under this warranty or otherwise), in relation to any Defect which is caused (or partly caused) or contributed to, by any:
exclusions specifically listed in the above table;
• Act or omission, accident, improper cleaning, improper assembly, transportation or negligence by you or any third party not engaged by us (including any third party installer of your Product);
• Cosmetic changes that occur overtime;
•Item has arrived with dust and can be wiped off;
• Failure on your part to follow any instructions or guidelines (including any manual) provided by us or the manufacturer in relation to your Product, including the placing of any mirrors in wet environments such as bathrooms;
•Damage caused by buyer from in proper assembly or use;
• Item has arrived damaged and instead of notifying the seller within a reasonable time frame the buyer assembles the damaged item and then contacts the seller for a repair or replacement once after goods have already been assembled.
•Damage caused by buyer to falsely submit claim and or further damage made to the items from the buyer to attempt to make the defect look worse ;
• Use of your Product otherwise than for any application or use specified by us or the manufacturer;
• Reasonable wear and tear of your Product including fading, loss of colour or deterioration (of the whole Product or its components);
• Continued use of your Product (where such use is not reasonable) after any Defect in your Product becomes apparent or would have become apparent to a reasonably prudent person;
• Failure by you to notify us of any Defect in your Product within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect;
• Our Hollywood mirror bulbs are easy to replace in all our mirror models, although they are not covered by our warranty due to their infrequent need for replacement. Should replacement become necessary, it is the buyer's responsibility. Our team is here to assist you throughout this process. We can guide you on selecting the right bulbs or LED lights, recommend trusted sources for purchase, and provide step-by-step instructions for replacement. When the time comes, we can often supply you with the needed bulb or LED replacement. We are committed to ensuring your Hollywood mirror maintains its brilliance. Reach out to us for any assistance or information on bulb or LED replacement. Your satisfaction is our priority;
• Act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our or the manufacturer’s reasonable control);
• Repair, replacement, maintenance, or otherwise compromise of the Product by you or any person other than us or the manufacturer; or • damage caused by exposing the products to the sun, extreme heat or cold, or chemicals / agents that are known to damage the finish of the Product.
Must Not Assemble if damaged!
9.8 General
Delays: We will have no liability, and you waive and release us from any liability, for any delays (including any costs arising out of any delays) in providing any work or services (including repairs) under this warranty, or in assessing any claim made by you under or in relation to this warranty. No third party reliance: The benefit of this warranty is for you only, and no other person or third party can rely on or make a claim under this warranty. For the avoidance of doubt, if you resell the product, this warranty will be void. No assignment or transfer: This warranty or the benefit under this warranty cannot be assigned or transferred to any other person or third party. Severance: If any provision (or part of it) under this warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or
valid. If a provision (or part of it) under this warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this warranty and the remaining provisions (and remaining part of the provision) of this warranty are valid and enforceable. Jurisdiction and applicable law: This warranty is only valid and enforceable in Australia and is governed by the laws of Victoria and the Commonwealth of Australia. Each party to this warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.
10. Warranty Cancellation
The Seller reserves the right to cancel this Agreement:
a.If the Buyer fails to pay for any amount when due;
b.In the event of the Buyer's insolvency or bankruptcy; or
C.If the Seller deems that its prospect of payment is impaired.
11. Notices
Any notice to be given or document to be delivered to or emailed to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered post to the address or email specified ascribed on page 10 section 19. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of posting if sent by prepaid registered post.
12. All representations and warranties of the Seller contained in this Agreement
will survive the closing of this Agreement.
The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the State of Victoria
If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
Time is of the essence in this Agreement.
This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.
13. Chargebacks
13.1. Buyer's Acknowledgment
The Buyer acknowledges that, upon entering into this Sales Agreement with the Seller, they understand and agree to the following:
13.2. Waiver of Chargeback Rights
The Buyer hereby waives any and all rights to initiate a chargeback through their payment method provider, financial institution, or credit card company in connection with this transaction. The Buyer agrees not to dispute or request a chargeback for any reason related to the products or services provided by the Seller under this Agreement.
13.3. Consequences of Unauthorised Chargeback
In the event that the Buyer initiates a chargeback despite having waived their chargeback rights, the Buyer shall be considered in breach of this Agreement. The Seller reserves the right to take the following actions:
a.Dispute Resolution: The Seller may engage in dispute resolution processes to defend against the chargeback claim and protect their rights. The Buyer agrees to cooperate fully in this process.
b.Recovery of Costs for chargeback fraud: The Buyer shall be liable for any fees, penalties, court fees, legal fees, court application fees, postage fees, interest for outstanding payments and debts, Product costs or any costs incurred by the Seller as a result of the chargeback dispute, including but not limited to chargeback processing fees. Further specified on page 9 section 14.
c.Termination of Agreement:The Seller may, at their discretion, terminate this Agreement with the Buyer for breach of contract. In such cases, the Buyer may be liable for any outstanding payments or damages resulting from the breach.
13.4. Good Faith Negotiation & Dispute Resolution
In the event of any dispute or disagreement arising under or in connection with this Agreement, both parties agree to make good faith efforts to resolve the matter amicably through negotiation. Either party may initiate the negotiation process by providing written notice to the other party, describing the nature of the dispute and the desired resolution.
In the event of any dispute or disagreement arising from this transaction, the Buyer and Seller shall make good faith efforts to resolve the matter through negotiation and mediation. If a resolution cannot be reached through negotiation or mediation, the Seller may submit the dispute to the Australian Victorian courts or other debt collecting services to obtain any outstanding debts owed to the seller.
14. Late Payments/Outstanding Debts
14.1. If a payment is overdue (not paid within 2 business days), the Seller may ask the Buyer to return items if deemed in suitable re-selling condition and/or able to be transported safely back to the Seller.
14.2. Any amount that the Buyer fails to pay when due will be subject to a late payment fee computed daily at a rate equal to 10% per annum, or the maximum permitted by law, whichever is less, and will be added to the unpaid balance on all amounts not paid on or before the due date.
14.3. If an invoice is 7 days overdue, the Seller may use the services of a debt collection agency to collect the debt or may send a final letter of demand. If the invoice is not paid within 14 days, the Seller will submit a complaint to VCAT (Victorian Civil and Administrative Tribunal). If the Buyer is in default and the payment is not made on the due date of the invoice, then the Buyer will also be liable for Debt Recovery costs incurred by the Seller in attempting to recover the outstanding amounts owed by the Buyer.
15. Governing Law
This Sales Agreement shall be governed by and construed in accordance with the laws of Australia and held in the courts and jurisdiction of the state of Victoria, without regard to its conflict of laws principles.
16. Entire Agreement
This clause constitutes the entire agreement between the Buyer and the Seller regarding the waiver of chargeback rights and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
17. Severability
If any provision of this clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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18. CONFIDENTIALITY
During the duration and after the termination of this contract (without any time limits) both parties shall maintain absolute confidentiality with respect to any confidential information received from the other party. Parties shall not disclose any such information without obtaining other party prior consent.
19. COMMUNITCATION
The customer will use email as the primary source of communication with Electra Mirrors the customer can contact Electra Mirrors at support@electramirrors.com, for invoicing at support@electramirrors.com, and for legal inquiries and documents at legal@electramirrors.com.
20. NON-DISPARAGEMENT
11.1 Parties agree not to disparage or denigrate each other orally or in writing, and that neither party nor anyone acting on their behalf will publish, post (on online platforms or other public platforms), or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned the other party, its operations, clients, employees, contractors, products, or services without the prior written consent of the other party.
17.2 In case this clause is violated by either party, the party in violation shall be liable to the other party for an immediately due and payable penalty of $5,000, without prejudice to any other rights provided for by law or under this Agreement such as the right to specific performance, the right to an injunction or the right to claim damages in lieu of this penalty.
21. FORCE MAJEURE
Neither the customer, nor the seller, shall be liable for any default, delay, or lapse occurring due to events beyond their control including riot, strike, theft, war, or
acts of God and/or nature.
22. HARRASSMENT AND BULLYING
22.1. Introduction
Electra Mirrors is fully committed to providing a work environment that is free from harassment and bullying. We hold in high regard the dignity of all our employees, customers, and individuals who interact with our customer service teams. We unequivocally prohibit any form of harassment and bullying, including but not limited to the following: swearing, screaming, and any other offensive behavior.
22.2. Definitions
a. Harassment: Harassment encompasses any unwelcome, offensive, or intimidating behavior, whether it be verbal, physical, or visual, based on an individual's race, color, religion, sex, gender, national origin, age, disability, sexual orientation, or any other protected status under applicable laws.
22.3. Prohibited Conduct
a. Harassment and bullying, such as offensive jokes, insults, derogatory comments, threats, intimidation, swearing, or screaming, are strictly prohibited within our work environment and during interactions with our customers.
22.4. Right to Refuse Service
Electra Mirrors reserves the right to refuse service if any of these offensive behaviors are encountered during customer interactions. We are committed to providing a respectful and safe experience for all our customers.
22.5. Conclusion
Electra Mirrors is dedicated to maintaining a workplace and customer interactions that are respectful, inclusive, and entirely free from harassment and bullying. We encourage all individuals associated with our organisation to embrace these principles. Your cooperation ensures a harmonious and productive environment for everyone.
23. Cancellation
Any notice to be given or document to be delivered to or emailed to either the Seller or Buyer pursuant to this Agreement will be sufficient if delivered personally or sent by prepaid registered post to the address or email specified ascribed on page 10 section 9.10. Any written notice or delivery of documents will have been given, made and received on the day of delivery if delivered personally, or on the third (3rd) consecutive business day next following the date of posting if sent by prepaid registered post.
24. Returns
24.1 What Do I do If My Order Arrives Damaged: We will gladly replace any products that arrive damaged or do not match the products description. Our policy lasts up to 10 days. If 10 days have gone by since your items have been delivered, unfortunately we cannot offer you a refund or exchange. Electra Mirrors will be responsible to pay for new Exchange/Replacement item to be sent to customer.
24.2 Change Of Mind/ Can I Exchange An Item Or Get A Refund?
Yes. We have a 10 day exchange or refund policy. This excludes Mirrors & Furniture Pieces - Please note that all sales within these items are final.
Electra Mirrors will not bear the cost of shipping unless the item is damaged or you have been sent the wrong product (by our mistake)
- Electra Mirrors will not be responsible for any lost goods. It is your responsibility to stay up to date with your items whereabouts via the tracking provided.
- Please allow up to 5-7 Business days for the return to be assessed before a refund can be processed.
24.3 Do You Accept Refunds / Exchanges on all Items?
No. Please keep in mind that the sale of any custom items, Vanity Tables, Vanity Mirrors, Drawers, Tables or Furniture are final and we cannot refund / exchange these items.
24.5 Broken/Faulty Good?
If your items arrive damaged due to postal transit Electra Mirrors will be happy to provide a replacement as long as you DO NOT ASSEMBLE your items! The "Broken" or "Faulty"products must be taped back suitable for transit movement and sent back in its original box.
I undersigned understand and agree to the following terms and conditions, By ticking terms and conditions of sales at checkout, the Buyer acknowledges that they have read, understood, and agreed to the terms of this sales conditions.
