Terms and Conditions (“terms”)
1. About this Website
Welcome to Harvey Norman BiG BUYS!
Please read these terms carefully. You must not access this website if you do not agree with these terms.
eDeal Busters Pty Ltd ACN 145 985 851 (trading as “Harvey Norman BiG BUYS”) of Unit 1, Building B, 164 Adderley Street, Auburn, New South Wales (“us”, “our”, “we”, “MSS”) carries on business from www.harveynormanbigbuys.com.au (“the website”) under the trading name "Harvey Norman BiG BUYS”, pursuant to a franchise granted by HN Online Franchisor Pty Ltd ACN 148 935 808 (“Franchisor”) and a limited license granted by its related body corporate to trade as “Harvey Norman BiG BUYS” from the website.
You and Harvey Norman BiG BUYS may enter into a sale contract for the sale and supply of products, by you making an offer to HN Harvey Norman BiG BUYS via the website, to purchase product at the price advertised on the website.
The Harvey Norman BiG BUYS logo is a registered trade mark of Harvey Norman Retailing Pty Ltd and used under limited licenses by Harvey Norman BiG BUYS.
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 Harvey Norman BiG BUYS, 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.
- a reference to the "website" means www.harveynormanbigbuys.com.au.
- "Order" means an offer made by you in response to an invitation to treat made by Harvey Norman BiG BUYS on 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) We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the website will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place from the effective date of the change. 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
(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer First Team.
(3) You will receive an email from us immediately after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer First Team.
(8) We reserve the right to terminate a member’s account on 24 hours notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
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 are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms.
(3) Harvey Norman BiG BUYS reserves the right to take legal action and seek compensation for any loss or damage Harvey Norman BiG BUYS may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.
(2) Offers for products made by Harvey Norman BiG BUYS via the website do not constitute an offer to sell but an invitation to treat.
(3) You and Harvey Norman BiG BUYS 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 and handling charges) on the website; and
(iv) the acceptance of that offer by Harvey Norman BiG BUYS.
(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products 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) Harvey Norman BiG BUYS 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.
(5) 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 Harvey Norman BiG BUYS 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, Harvey Norman BiG BUYS 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) Harvey Norman BiG BUYS 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) Harvey Norman BiG BUYS 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.
(6) You will receive an email from Harvey Norman BiG BUYS immediately after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer First Team.
(7) If your Order is not accepted by Harvey Norman BiG BUYS, Harvey Norman BiG BUYS will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) Harvey Norman BiG BUYS 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.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Harvey Norman BiG BUYS cannot supply a particular product, Harvey Norman BiG BUYS will notify you by telephone or email as soon as possible.
(10) Harvey Norman BiG BUYS will be deemed to have accepted your Order on issue of a tax invoice to you for the sale and/or on the fulfilment of your Order.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges and are subject to change.
(2) Harvey Norman BiG BUYS will offer each product for the price described in the website for sale until the date specified or until sold, or where no date is specified, up until the offer is removed from the website, whichever first occurs, at not greater than the price specified in the website for that product, subject to these terms.
(3) Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or the normal ticketed price.
(4) Images of products shown without any advertised price beside that image are not offered for sale.
(5) Unless otherwise stated, any accessories, manchester or furnishings shown in any image of products are not included in the price.
(6) We reserve the right to correct any errors.
(1) All payments must be made in full.
(2) Payments must be made via the eWAY or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
8. Supply and Delivery
(1) Subject to you complying with these terms and acceptance of your Order by Harvey Norman BiG BUYS, Harvey Norman BiG BUYS will sell and supply the products to you as shown on your Order confirmation.
(2) Personal pick up is not available.
(3) Products may not be available for immediate delivery by Harvey Norman BiG BUYS. Harvey Norman BiG BUYS and/or its third party will endeavour to dispatch your Order to you within three (3) business days of the date you placed your Order.
(4) Other than in respect of Orders for regional or remote areas, if Harvey Norman BiG BUYS gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Harvey Norman BiG BUYS will arrange for a full refund of any payment made by you to be processed.
(5) Delivery times may be greater than 10 business days for regional or remote areas.
9. Delivery by Post or Carrier
(1) The delivery address must be an address within Australia and cannot be a PO Box or freight forwarding location.
(2) On acceptance of your Order by Harvey Norman BiG BUYS, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
(3) You will be required to be available in person to accept delivery of your Order.
(4) If you wish to change the delivery address you must contact the Customer First Team at least 48 hours prior to the dispatch of your Order.
(5) Harvey Norman BiG BUYS will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Harvey Norman BiG BUYS does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(6) You must advise at the time you place your Order via the website or later when you discuss delivery with Harvey Norman BiG BUYS, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). 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.
(7) Harvey Norman BiG BUYS cannot accept responsibility for delivery failures or delays by our third party delivery contractor.
10. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery.
11. PayPal and credit card fraud
(1) The website employs the latest in Secure Sockets Layer technology from Verisign, eWAY and PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of Harvey Norman BiG BUYS and the Franchisor will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
12. Website Information and Content
(1) Photographs are for illustrative purposes only and may vary from products depicted or described.
(2) Harvey Norman BiG BUYS may, at any time, add or remove content from the website without notice.
(3) Any articles, information or content published on this website must be read subject to these terms.
(4) Although Harvey Norman BiG BUYS uses its best endeavours to confirm the accuracy of any information supplied to Harvey Norman BiG BUYS, and other third parties, you agree that Harvey Norman BiG BUYS cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Harvey Norman BiG BUYS or by manufacturers or suppliers changing product specifications without notice to Harvey Norman BiG BUYS. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
13. Your Use of the Website
(1) You agree to use the website only for purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) Harvey Norman BiG BUYS may stop (temporarily or permanently) providing access to the website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) Harvey Norman BiG BUYS may in its sole discretion terminate your account or restrict your access to the website. If Harvey Norman BiG BUYS does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Harvey Norman BiG BUYS will not be liable to you or any third party for doing so.
(6) As electronic websites are subject to interruption or breakdown, access to the website is offered on an "as is" and "as available" basis only.
(7) Harvey Norman BiG BUYS may impose limits or restrictions on the use you may make of the website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Harvey Norman BiG BUYS may withdraw the website, or change or remove website functionality at any time without notice to you.
14. Intellectual Property Rights
(1) You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Harvey Norman BiG BUYS, the Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
(2) Nothing contained on the website is to be interpreted as a recommendation to use any information on the website in a manner which infringes the intellectual property rights of any person. Harvey Norman BiG BUYS makes no representations or warranties that your use of the information on the website will not infringe such intellectual property rights.
(3) You may view the website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the website or commercialise any information obtained from any part of the website without the prior written consent of Harvey Norman BiG BUYS or, in the case of third party material, from the owner of the copyright in that material.
(4) The Harvey Norman and Harvey Norman BiG BUYS logos are registered trade marks of Harvey Norman Retailing Pty Limited and used under limited licenses by Harvey Norman BiG BUYS. The website is registered to Harvey Norman Retailing Pty Ltd and used under limited licence by Harvey Norman BiG BUYS.
(5) You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
(6) If you correspond or otherwise communicate with Harvey Norman BiG BUYS, you automatically grant to Harvey Norman BiG BUYS an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website and developing your ideas and suggestions for improved products.
15. Links to Other Websites
(2) We reserve the right to prevent third parties from lining to this website.
(3) Harvey Norman BiG BUYS may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Harvey Norman BiG BUYS does not accept any responsibility in connection with your participation in activities conducted by any other party.
16. Secure Data and Transmissions
(1) Given the nature of the internet, Harvey Norman BiG BUYS cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Harvey Norman BiG BUYS does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Harvey Norman BiG BUYS and its third parties take precautions to protect information, Harvey Norman BiG BUYS does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Harvey Norman BiG BUYS or its third party receives your transmission, Harvey Norman BiG BUYS and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer First Team immediately.
(2) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Harvey Norman BiG BUYS nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of the website, any website or any linked website.
17. Disclaimer and Indemnity
(1) To the extent permitted by law, each of Harvey Norman BiG BUYS 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:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) 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
(g) the quality or fitness for any purpose of any product or of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Harvey Norman BiG BUYS 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, Harvey Norman BiG BUYS, 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) or equivalent State or Territory laws.
18. Order Enquiries
If you have any query about the progress of your Order please contact the Customer First Team. Please have your Order number handy as shown on the email confirmation.
19. Damaged or Faulty Products and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) rights under the Refund 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) Please choose carefully as Harvey Norman BiG BUYS will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3) If your Order arrives damaged, please contact the Customer First Team.
20. Privacy and Personal Information
(1) The privacy of your personal information is important to Harvey Norman BiG BUYS.
(2) Harvey Norman BiG BUYS 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.
(3) Your personal information is not collected if you only browse this website.
(4) Online payments are handled by eWAY and Paypal. Harvey Norman BiG BUYS does not see or store your credit card or banking details. Please check the www.eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.
(5) Each of Harvey Norman BiG BUYS, 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 Harvey Norman BiG BUYS 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 Harvey Norman BiG BUYS thinks may be of interest to you. If you would prefer not to receive promotional or other material from Harvey Norman BiG BUYS or its third parties, please let us know and Harvey Norman BiG BUYS will respect your request. You also agree that Harvey Norman BiG BUYS may contact you by telephone to arrange delivery or collection of your Order.
(6) You may request Harvey Norman BiG BUYS to remove your personal information from its database by emailing the Customer First Team.
21. Force Majeure
Harvey Norman BiG BUYS 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 websites such as electricity supply, bank payment systems or postal deliveries.
22. 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. Harvey Norman BiG BUYS makes no representations that the content of the website complies with the laws of any country outside Australia.
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 Harvey Norman BiG BUYS.
24. Transfer and Assignment
If Harvey Norman BiG BUYS merges, sells or otherwise change control of its business or this website to a third-party, Harvey Norman BiG BUYS reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Harvey Norman BiG BUYS has collected from you and any agreements it has made with you.
The failure by Harvey Norman BiG BUYS 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 Harvey Norman BiG BUYS.