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Website Terms of Sale

PrintShop By Harvey Norman®

Terms and Conditions of Sale

1.About PrintShop by Harvey Norman

(1)Your purchase of goods via www.hnprintshop.com.au (Website) is subject to these Terms and Conditions of Sale (Terms), the Website Terms of Use, the Returns, Refund and Repair Policy and any Catalogue Terms.If you do not accept these Terms, you must refrain from using this Website or making a purchase from this Website.

(2)Mooravit Pty Ltd ACN 619 274 654 as trustee for Mooravit No 2 Trust (trading as PrintShop by Harvey Norman) of Corner South Dowling Street and Dacey Avenue, Moore Park, New South Wales 2021 (“us”, “our”, “we”, “PrintShop by Harvey Norman®”), carries on business from the Website and from a physical store at the abovementioned address (the Store).

(3)Mooravit Pty Ltd is an independent franchisee that has been granted a franchise by H.N. Moore Park Franchisor Pty Ltd ACN 087 746 085 (Franchisor), and a limited licence by a related body corporate of the Franchisor to trade as “PrintShop by Harvey Norman” from the Website.

(4)You can contact PrintShop by Harvey Norman by telephone on (02) 9662 9861 or by email at printshop.moorepark@au.harveynorman.com.

(5)Each enterprise carrying on business under the name or style including the words "Harvey Norman" from a franchised store located in a Harvey Norman Complex is operated by another independent franchisee pursuant to another franchise granted by a related body corporate of the Franchisor (Other Harvey Norman Franchisee).

(6)The goods and services described in this Website are available from PrintShop by Harvey Norman only (unless the goods or services are specified as “available in store only”), and will be available for you to make an offer to PrintShop by Harvey Norman via the Website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the Website or as specified, and where PrintShop by Harvey Norman accepts your offer, PrintShop by Harvey Norman will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.

(7)PrintShop by Harvey Norman does not make, or authorise any offer or representation that is specified as “available in store only” or otherwise is made by any Other Harvey Norman Franchisee and does not represent that any goods or services in this Website will be offered by or available from any Other Harvey Norman Franchisee at the specified price, or at all.

(8)Goods or services specified as “available in store only” may not be on display or available from each Other Harvey Norman Franchisee, and where the goods or services are available from an Other Harvey Norman Franchisee, the price for those goods or services may vary from the price shown in this Website. Please call 1300 GO HARVEY (1300 464 278) before attending any Harvey Norman Complex to enquire whether an Other Harvey Norman Franchisee has the goods or services on display or available. Each Other Harvey Norman Franchisee has a Raincheck Policy.

(9)Each of the Franchisor, and each related body corporate of the Franchisor does not publish, make, or authorise any offer or representation by this Website and does not represent that any goods or services in this Website will be offered by or available from any Other Harvey Norman Franchisee at the specified price, or at all, or otherwise sell any goods or services to consumers throughout Australia under the name or style including the words “Harvey Norman”.

(10)You and PrintShop by Harvey Norman may enter into a sale contract for the sale and supply of products, by you making an offer to PrintShop by Harvey Norman via the Website, to purchase goods at the specified price, subject to these Terms.

(11)The “Harvey Norman” logo and words are registered trade marks of Harvey Norman Retailing Pty Ltd and used under a limited license by PrintShop by Harvey Norman and by Other Harvey Norman Franchisees.

(12)In these terms:

§“you”, “user”, “member”, and “guest” means anyone who visits and/or uses this Website.

§a reference to a “third party” in these terms includes a reference to any agent or contractor of PrintShop by Harvey Norman, the Franchisor, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the Website or in the fulfilment of Orders made through the Website, and includes any of them.

§"Order" means an offer made by you in response to an invitation to treat made by PrintShop by Harvey Norman via the Website.

2.User Agreement

(1)By accessing and/or using the Website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2)These Terms may be amended at any time without notice and your access to this Website may be terminated at any time without notice.Your continued use of the Website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended.We recommend you review the Terms for amendments each time you use the Website and before placing any Order.Should we choose to provide you with notice of amended Terms, you agree to receive email notification of the amendments from us or our third party.

3.Guests and Registered Users

You may access and/or use the Website as a guest.

4.Legal Capacity

(1)You must be eighteen (18) years of age or over to register as a member of the Website or purchase products from the Website.

(2)Any Order and/or purchase made by you using this Website is an acknowledgement by you that you:

(i)are over the age of eighteen (18) years;

(ii)accept these terms;

(iii)agree that you have entered into a legal contract with PrintShop by Harvey Norman in relation to these terms; and

(iv)these terms, together with your order, constitute the entire agreement between you and PrintShop by Harvey Norman for the supply of products.

(3)PrintShop by Harvey Norman reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage PrintShop by Harvey Norman may suffer as a result of a transaction entered into by a minor.

5.Orders

(1)We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

(2)Representations of products for sale made by PrintShop by Harvey Norman via the Website do not constitute an offer to sell but an invitation to treat.

(3)You and PrintShop by Harvey Norman may enter into a contract for the sale and supply of products by you making an offer via the Website to purchase a product at the price advertised on the Website by:

(i)placing an electronic Order for the products using the Website;

(ii)you confirming the Order details in accordance with the procedure on the Website;

(iii)you making payment in full (plus any applicable delivery charges) to PrintShop by Harvey Norman; and

(iv)the acceptance of that offer by PrintShop by Harvey Norman.

(4)Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

(5)When entering into a sale contract via the Website, you will be taken to have communicated your offer to purchase the product(s) only when:

(i)any requirements set out in these terms have been met;

(ii)the electronic instruction containing the offer from you enters and is recorded in our database;

(iii)a record is created and stored in our database; and

(iv)PrintShop by Harvey Norman receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(6)You acknowledge that:

(i)the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by PrintShop by Harvey Norman for reasons beyond either parties' reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(ii)to the extent permitted by law, PrintShop by Harvey Norman is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the Website, or any failure to receive an electronic instruction for whatever reason;

(iii)PrintShop by Harvey Norman may act on and process all completed electronic instructions transmitted or issued through the Website without further consent from or reference to you; and

(iv)PrintShop by Harvey Norman may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(7)You will receive an email from PrintShop by Harvey Norman as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us.

(8)If your Order is not accepted by PrintShop by Harvey Norman, PrintShop by Harvey Norman will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(9)PrintShop by Harvey Norman may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the Website, or an error in your Order.

(10)Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.If PrintShop by Harvey Norman cannot supply a particular product, PrintShop by Harvey Norman will notify you by telephone or email as soon as possible.

(11)PrintShop by Harvey Norman will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from the Store.

6.Price

(1)Prices shown are in Australian dollars and include GST where applicable.Prices may not include delivery and handling charges.Prices are subject to change.

(2)Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of PrintShop by Harvey Norman.

(3)Images of products shown without any advertised price beside that image are not offered for sale.

(4)Unless otherwise stated, any accessories shown in any image of products are not included in the price.

(5)We reserve the right to correct any errors published on the Website.

7.Payment

(1)All payments must be made in full prior to delivery or pick up.

(2)Payments must be made over the phone or in the Store.

8.Supply and Delivery

(1)Subject to you complying with these Terms and acceptance of your Order by PrintShop by Harvey Norman, PrintShop by Harvey Norman will sell and supply the products to you as shown on your Order confirmation.

(2)Products may not be available for immediate delivery.PrintShop by Harvey Norman will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item of furniture.

(3)When you complete your Order you will be prompted to select whether you wish to collect your Order from the Store or to have the Order delivered to an address specified by you.

(4)Other than in respect of Orders for furniture, regional or remote areas, if PrintShop by Harvey Norman gives you notice that it will be unable to deliver your Order within ten (10) business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Harvey Norman will arrange for a full refund of any payment made by you to be processed.

(5)Delivery times may be greater than ten (10) business days for regional or remote areas.

9.Delivery by Post or Carrier

(1)The terms of this clause apply where you select to have your goods delivered to a specified address.

(2)The delivery address must be an address within Australia and cannot be a freight forwarding location.Deliveries cannot be made to PO Boxes.

(3)On receipt of your Order by PrintShop by Harvey Norman, your Order will be dispatched to your specified delivery address generally within ten (10) business days of the date you placed your Order.

(4)If you Order large or bulky items, PrintShop by Harvey Norman will contact you by telephone or email to arrange with you a suitable time for delivery.

(5)You will be required to be available in person to accept delivery of your Order.

(6)If you wish to change the delivery date or delivery address you must let PrintShop by Harvey Norman know at least 48 hours prior to the dispatch of your Order.

(7)PrintShop by Harvey Norman will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however PrintShop by Harvey Norman does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

(8)You must advise at the time you place your Order via the Website or later when you discuss delivery with PrintShop by Harvey Norman, of any difficulties that may be involved in the delivery (such as delivery to an unoccupied apartment block).If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.

(9)PrintShop by Harvey Norman cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

10.Orders for Collection at the Store

(1)The terms of this clause apply where you select to collect your Order from the Store.

(2)If you select to collect your goods from the Store, a representative of the will contact you by telephone or email to notify you when the Order is available for collection.

(3)Orders for collection at the Store must be collected within 21 days of the Store giving you notice by telephone or by email that your Order is available for collection.If your Order is not collected within this time, the Store has the right to allocate those goods to another customer and reorder the goods for you.

11.Title and risk in goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

12.Disclaimer and Indemnity

(1)To the extent permitted by law, each of PrintShop by Harvey Norman and the Franchisor and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

(i)errors, mistakes or inaccuracies on the Website;

(ii)you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked Website;

(iii)personal injury or property damage of any kind resulting from your access or use of the Website;

(iv)any unauthorised access to or use of the Website’s secure servers;

(v)any interruption or cessation of transmission to or from the Website;

(vi)any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Website by any third party; and/or

(vii)the quality or fitness for any purpose of any linked sites.

(2)Except as expressly provided in these terms, and to the fullest extent allowed by the law, PrintShop by Harvey Norman and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the Website.

(3)You will at all times indemnify, and keep indemnified, PrintShop by Harvey Norman, the Franchisor, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4)This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

13.Order Enquiries

If you have any query about the progress of your Order please contact us.Please have your Order number handy as shown on the email confirmation.

14.Damaged or Faulty Products

(1)If any product ordered by you arrives damaged or is not of acceptable quality you may have:

(a)rights under our Refund, Returns and Repair Policy;

(b)legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or

(c)to have the product repaired or replaced or to receive a refund of the price paid by you for the product.

(2)If your Order arrives damaged, please contact us.

15.Privacy and Personal Information

(1)Our Privacy Policy available on this Website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

(2)The privacy of your personal information is important to PrintShop by Harvey Norman.

(3)PrintShop by Harvey Norman and its third parties may collect personal information directly from you when you register as a member of the Website, when you place an Order, or when you contact our Customer First Team.Personal information may include your name, residential and/or postal address, telephone number and email address.

(4)Your personal information is not collected if you only browse this Website.

(5)Each of PrintShop by Harvey Norman, the Franchisor, their related bodies corporate and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes.You agree that PrintShop by Harvey Norman and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the Website that PrintShop by Harvey Norman thinks may be of interest to you. If you would prefer not to receive promotional or other material from Harvey Norman or its third parties, please let us know and PrintShop by Harvey Norman will respect your request.You also agree that PrintShop by Harvey Norman may contact you by telephone to arrange delivery or collection of your Order.

(6)You may request PrintShop by Harvey Norman to remove your personal information from its database by emailing them.

(7)For further details about PrintShop by Harvey Norman’s privacy practices please view the Privacy Policy on this Website.Should you have any questions concerning your privacy, please contact our us or the Privacy Officer at HNPrivacy.Officer@au.harveynorman.com.

16.Force Majeure

PrintShop by Harvey Norman will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

17.Governing Law

(1)These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia.If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2)If you access the Website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.PrintShop by Harvey Norman makes no representations that the content of the Website complies with the laws of any country outside Australia.

18.Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and PrintShop by Harvey Norman.

19.Transfer and Assignment

If PrintShop by Harvey Norman merges, sells or otherwise change control of its business or this Website to a third-party, PrintShop by Harvey Norman reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that PrintShop by Harvey Norman has collected from you and any agreements it has made with you.

20.Waiver

The failure by PrintShop by Harvey Norman to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision.Any waiver of any provision under these terms will only be effective if it is in writing and signed by PrintShop by Harvey Norman.

PrintShop by Harvey Norman (Moore Park) Terms and Conditions of Sale Version 1.0 September 2017

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