Terms of Sale
A. General
- This document sets out the terms and conditions (Terms) upon which ORIDON Pty Ltd ABN 84 637 392 842 and its related bodies corporate (ORIDON, we, us, our) will supply the products and services (Products) listed for sale on our Website oridon.com.au (Website) to the individual, company or other entity (Customer, you, your) placing an order for our Products and/or services via our Website.
- You should review these Terms (and also our Privacy Policy which can be found here) carefully before ordering any Products from our Website. If you do not agree to these Terms, you should not purchase any Products via our Website. By ordering any of our Products, you agree to be bound by these Terms.
- By placing an order through our Website, you warrant to us that you:
- are at least 18 years old;
- are legally capable of entering into a binding contract; and
- are residing in Australia.
- You may order Products by selecting and submitting your order through our Website.
- Any order placed through our Website for Products is an offer by you to purchase the particular Products for the price specified on the Website (including delivery, if applicable, tax and any other charges as may be applicable) at the time of your order.
- When placing an order, you must provide us with up to date, complete and correct details when asked to do so by the Website. We may request certain personal information from you and ask you to provide additional details to enable us to process any orders placed. You may be required to provide contact information (such as name, email, telephone and address) for delivery and other purposes and financial information (such as credit card number, expiration date and CCV or details of your other preferred payment method) for payment purposes. Please refer to our Privacy Policy for more information on how we collect, store use and disclose any personal information you provide to us.
- You will receive a confirmation via our Website (and also by email) when we accept an order you have placed for Products through our Website. Once we accept an order, this results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these Terms (unless you or we cancel an order in accordance with section D of these Terms).
- We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
- the purchase price of each Products ordered, which is shown on the Website at the time you place your order;
- if applicable, the delivery charges provided to you at the time of your order; and
- any other fees and charges set out in these Terms.
- All fees and charges set out in Terms and all prices for the Products listed on the Website include GST (where applicable).
- The price of the Products and our membership and delivery and other charges will be as quoted on the Website from time to time, except in cases of obvious error.
- Payment for all Products may be made by credit card (we accept payment by Visa, Mastercard or Amex), Afterpay, Shop Pay and Paypal. Please note Afterpay, Shop Pay and Paypal are not services provided by ORIDON. Afterpay is a facility offered by Afterpay Pty Ltd. If you would like to know more about Afterpay, please visit the Afterpay website afterpay.com/en-AU. Shop Pay is a facility powered by Shopify Inc. If you would like to know more about Shop Pay, please visit the Shop Pay website https://shop.app/shop-pay. PayPal is a facility powered by PayPal Australia Pty Limited. If you would like to know more about Pay Pal, please visit the Pay Pal website at https://www.paypal.com/au/home.
- Subject to clause 13 below, prices for Products change from time to time, and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order.
- If your purchase is for a service, the price displayed for the service may change upon entering the details of your vehicle at check out. You may choose not to proceed with your order if the revised price for the service is not acceptable to you.
- After ordering online, you will receive an email confirmation from us containing your order details, which will be sent to the email address used to place the order.
- If one or more Products that you have ordered are out of stock or are unavailable (whether due to high demand or otherwise), we reserve the right to refund the relevant price which you have paid for the Product to you and to cancel your order (or part of your order, if only some but not all of the Products you ordered are unavailable).
Cancellation by us
- We may cancel any part of an order (including those orders that we have accepted) without any liability for that cancellation at any time if:
- the requested Products in that order are not available;
- any other provision of these Terms allow us to cancel an order;
- there is an error in the price of the Products or in the description of the Products listed on the Website; or
- that order has been placed in breach of these Terms.
- If we cancel all of, or any part of, an order under clause 16, then we will:
- endeavour to provide you with reasonable notice of that cancellation before the delivery date; and
- not charge you for the cancelled order (or we will refund any amounts you have paid for any Products that are the subject of a cancelled part of an order via the payment method that you used to pay for the order).
Cancellation by you
- Subject to any rights you may have under any applicable law (including the Australian Consumer Law), you are only able to cancel your order subject to the terms set out in clauses 19 to 21.
- Where services are purchased, you may cancel these services by contacting our Concierge Team at hello@oridon.com.au or 1300 674 366. If you:
- cancel these services at least 24 hours prior to the date and time of your appointment or booking for the services, you can reschedule the date and time of your appointment or booking (and no cancellation fee will apply);
- cancel these services less than 24 hours prior to the date and time of your appointment or booking for the services, you can reschedule the date and time of your appointment or booking but a late cancellation fee of $95 will apply (which you must pay to us before or at the time of your rescheduled appointment or booking); or
- you cancel an appointment or booking for a second (or subsequent) time, we may:
- allow you to reschedule the appointment or booking again (in which case clause 19(a) or clause 19(b) will apply again, depending on whether or not you requested the rescheduling at least 24 hours prior to the date and time of your appointment or booking); or
- cancel your order for these services and refund any fees you have paid to us for those services, less any late cancellation fees that have been applied under clause 19(b) for any late cancellations of your first and/or subsequent appointments or bookings (as applicable). If the total of all applicable late cancellation fees is equal to or exceeds the amount of fees you have paid to us, you will not be entitled to any refund.
- Where physical Products are purchased to be delivered to you, you may cancel your order [without charge] if the Products you have ordered have not yet left our warehouse. If we have shipped the Products to you (including if your order has left our warehouse) or if delivery has taken place, please contact our Concierge Team at hello@oridon.com.au or 1300 674 366 to request a refund of any unopened and unused Products within [48 hours] of delivery of those Products to you. We will not unreasonably refuse a request for a refund if the Products you wish to return are unused, unopened and undamaged (and you may need to provide evidence of this, such as photographs). We will notify you by email if we accept a return of the Products in question. You will need to pay for the shipping costs of returning those Products to the return address that we provide [as well as a restocking fee, if we notify you of this when you request a refund]. The Products must be returned to us within 30 days of the time of delivery to you. A refund will be provided once the Product is returned to us and we have verified that the Products are unused, unopened and undamaged.
- Any refunds under this section D will only be made via the payment method that you used to pay for the order. For further information about cancellations, returns and refunds, please contact our Concierge Team on hello@oridon.com.au or 1300 674 366.
E. Delivery
- If, when placing an order for Products on our Website, delivery is available for your particular Product or order, and you have selected the delivery option, the terms and conditions set out in this section E will apply.
- Products purchased on our Website to which delivery applies will not incur a delivery charge. However, we reserve the right to charge a delivery at any time, at our sole and absolute discretion, which will be specified at the time you place your order. Products will be dispatched for delivery within 48 hours from the time the order is accepted by us.
- You agree to provide us with complete and accurate information in respect of your delivery address, to enable us to fulfil your order that we have accepted. A delivery address may not be altered once an order has been placed.
- When you place your order, you will receive a confirmation email when we have accepted your order.
- If we provide an estimated date for delivery of any Products, all reasonable efforts will be made to deliver your order on or by the estimated delivery date nominated. However due to events beyond our reasonable control, we may not be able to do so and we will not be liable to you or any other person for any such delay. In addition, you understand that occasionally we may need to change your estimated delivery date. You will be notified as soon reasonably practicable if we are required to make this change for any reason.
- Unless specific instructions are otherwise provided, our standard procedure is to deliver the Products to the front gate or front door at the address provided by you (but only if we or our delivery and logistics service provider consider that it is safe and secure to leave your Products there). If you ask us to deliver, then you are responsible for all loss or damage suffered by us in connection with our delivery of the Products beyond the front door of the address provided by you. You must make all necessary arrangement to allow your order to be delivered. If we (or our delivery and logistics service provider) do not consider that it is safe and secure to leave your Products there, your Products will be taken to the nearest post office for you to collect them, or alternatively our delivery and logistics service provider may attempt to deliver your Products again at a later date. You will be notified by email or text message (or by an ‘attempted delivery’ card being left at your nominated delivery address) if this occurs. If your Products are taken to the nearest post office but you do not collect your Products within a reasonable time, they may be returned to us.
- If your address is outside of the location to which we (or our delivery and logistics service provider) provide delivery services, then we may cancel your order in accordance with section D of these Terms.
- You may be required to provide us with appropriate proof of identity when we deliver your order. If the order has been paid by credit card, you may also be asked to show the credit card in order for verification checks to be conducted.
- Subject to the terms of our Refund Policy below, we accept no responsibility for loss, deterioration or damage to any Products once they have been delivered to your nominated delivery address.
- We will not be held liable for any financial or physical damages of any kind after the Products have been delivered to your nominated delivery address.
- You must notify us if you have received an incorrect Product/s or if you are missing any Products within 24 hours of delivery by telephoning the Concierge Team. Missing Products will be refunded to you via your method of purchase. We may request that you return any incorrect Products to us at our cost (and we will deliver a replacement correct Product at no additional cost to you).
- We reserve the right to change or alter delivery days and times, but we will endeavour to give you as much notice as possible by email.
- If your order relates to a service for which you are required to attend an appointment then, at the time of placing your order, you will be asked to nominate the best available date and time for that appointment.
- If your nominated best available appointment date and time is not available, we will telephone you to book an alternative date and time. If your nominated best available date and time is available, you will receive an email confirmation along with email and text message reminders as the booking date approaches.
- For an appointment for interior and exterior applications to your vehicle, we require that:
- your vehicle is freshly washed and cleaned;
- any imperfections on the vehicle such as stubborn marks or scratches are rectified prior to the appointment. You are to avoid waxes, silicons & polishes on your vehicle; and
- all personal belongings and baby seats are removed from the vehicle.
We require you to ensure that your vehicle meets these conditions for the safety of our personnel and your property and to ensure that we are able to provide our services in a prompt and efficient manner.
- If on drop off your vehicle is not compliant with the above condition, you may:
- agree to incur a cleaning fee on the day (of approximately $150) in order for your appointment to proceed at that time; or
- have your appointment rescheduled, in which case clause 39 will apply.
- Any concerns regarding your vehicle’s condition will be discussed with you at the start of the appointment.
- Should your appointment not proceed due to the condition of your vehicle (including if you do not agree to an additional cleaning fee), you will be charged a cancellation fee of $95.
G. Refund Policy
- If you placed an order on our Website and have received (via delivery) Products that are not what you ordered or faulty you may contact our Concierge Team on hello@oridon.com.au or 1300 674 366 within [48 hours] of the time of delivery to organise a refund. The Products must be returned to us within 30 days of the time of delivery to you.
- If you have taken up the delivery option and Products have been damaged during the delivery process, then you may also contact our Concierge Team on hello@oridon.com.au or 1300 674 366 within [48 hours] of the time of delivery to organise a refund. The Products must be returned to us within 30 days of the time of delivery to you. In addition:
- we may require photos of the Product/s and/or delivery packaging to assist in our investigation; and
- failure to contact us within the above designated time will be deemed to be acceptance by you of the delivery.
- We may also refund any payment you make in the event that there is a confirmed error on our end and/or if you have been incorrectly charged. Refunds will be made via the payment method that you used to pay for the order.
- If, following an investigation as set out in the clauses above, there is no fault on our part, you will bear all of our reasonable costs associated with the refusal of your refund request and the return of any Products you have ordered.
- If the Products have been opened, used or damaged after delivery or if any attempt has been made to alter the Products, we will not offer a refund except as required by Law.
- An order for a service may be cancelled prior to the time of the appointment or booking in accordance with clause 19. If you are not satisfied with the service after it has been provided to you, please contact our Concierge Team on hello@oridon.com.au or 1300 674 366.
- In addition, if you make a payment online and Shopify, for whatever reason, identify the payment as fraudulent and Shopify notifies us of this, then we will issue an immediate refund to you and subsequently call you to ask you to place your order again. See Shopify terms and conditions here.
- To the maximum extent permitted by law (including the Australian Consumer Law), the services and all Products ordered by you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- To the maximum extent permitted by law, in no event will we be liable to you for any indirect, consequential, exemplary, or special damages arising out of these Terms or your purchase or use of the Products or our services.
- Subject to any laws the application of which may not be lawfully excluded, our total liability for any loss, cost, damage or expense suffered by any party arising out of these Terms or the purchase or use of any Products or services by you will not exceed the amount paid by you for the Products or services. This limitation on our liability will not apply for any loss or damage caused by our fraud, our wilful misconduct or our wilful breach of any applicable law.
- Subject to any laws the application of which may not be lawfully excluded, your total liability to us for any loss, cost, damage or expense that we suffer arising out of these Terms will not exceed the amount paid by you for the Products or services plus any additional amounts that we are entitled to charge you under these Terms. This limitation on your liability will not apply for any loss or damage caused by your fraud, your wilful misconduct or your wilful breach of any applicable law.
- 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 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.
- Where any applicable law (including the Australian Consumer Law) implies any warranties, guarantees or conditions into these Terms or imposes obligations upon us which cannot be excluded, restricted or modified except to a limited extent, these Terms must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which we are able to do so, our liability will be limited (at our option) to:
- in the case of any Products supplied by us, either:
- replacement of the Products or supply of equivalent goods;
- repair of the Products;
- payment of the cost of replacing the Products or acquiring equivalent goods; or
- payment of the cost of having the Products repaired; or
- in the case of any services performed by us, either:
- the performance of the services again; or
- the payment of the cost of having the services performed again.
- (Promotions and Discounts) From time to time, promotions may be held, and discounts may be available on the Products available for purchase on our Website. This includes but is not limited to gift cards which may also be offered from time to time. These promotions and discounts will be subject to their individual terms and conditions relevant to the particular promotion or discount. These Terms apply to the purchase of any Products that are subject to any such promotions or discounts and will prevail over any terms and conditions relevant to the particular promotion or discount to the extent of any inconsistency.
- (Title and risk) Title to and risk in the Products will pass to you from the time of delivery, if applicable.
- (Reviews) From time to time, we may send customers communications (via email, SMS text messages ) either directly or via our third-party software, requesting a product review. Such communications are only sent to verified customers that have purchased from us. Sometimes a promotional code may be offered as an incentive for completing the review. All user reviews submitted by customers in relation to ORIDON on any forum may be used for marketing purposes, which includes publication on our website, in emails, advertisements or in other digital or print marketing literature.
- (Disputes) Any disputes must be lodged in writing to the Concierge Team on hello@oridon.com.au or 1300 674 366 explaining the details of the dispute.
- (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
- (Severability) If any of these Terms are determined by any court or other competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- (Governing Law) These Terms are governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts in Victoria, Australia.
- (Australian Consumer Law) References in these Terms to the ‘Australian Consumer Law’ means the Australian Consumer Law as found in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- (Reservation of Rights) We reserve the right, at any time, to:
- refuse service to anyone for any reason. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
- modify or discontinue the purchase of Products from our Website (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Product offered. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis;
- limit the quantities of any Products that we offer. All descriptions of Products and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and
- discontinue any Products at any time. If that happens, any order made on the Website for a Product that has been discontinued or is no longer available may be cancelled in accordance with these Terms.
These Terms were last updated on 20 May 2024.