Noritake Australia Eshop Terms and Conditions
This Web site www.noritake.com.au (“Web site“) is operated by Noritake Australia Pty Ltd (“Noritake”).
All enquiries may be directed to:
Noritake Australia Pty Ltd PO BOX 197 MATRAVILLE NSW 2036 Phone: (02) 9316 7123
ABN: 90 000 243 925
Your access to and use of this Web site is conditional upon your acceptance and compliance with the terms and conditions contained in this document and elsewhere on the Web site (known collectively as the “Terms and Conditions”). Your use of and/or continued access to this Web site constitutes your agreement to comply with these Terms and Conditions and any amendments, as published on this Web site, and to be bound by them.
If you object to any of the Terms and Conditions or any amendments you should not access or use the Web site. If you violate any Terms and Conditions your right to use and access the Web site automatically terminates.
Changes to Terms and Conditions
Noritake reserves the right to occasionally vary and update these terms and conditions without prior notice. Your continued use of the Web site after such changes constitutes your acceptance of the variations. We therefore recommend that you review this page on future visits to this site. The updated Terms and Conditions will be published on this page.
Copyright and Intellectual Property
All of the content you see on this Web site, including all of the page headers, images, illustrations, graphics, information, data, software, advertisements, text and other material (“Content”), are subject to trademark, copyright and/or other intellectual property rights or licenses held by Noritake, one of its affiliates or by third parties who have licensed their materials to Noritake, and are protected by Australian and international intellectual property laws. The entire Content of the Web site is copyrighted individually and as a collective work, and Noritake owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Web site, and the Web site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download a single copy, print a single hard copy and store a temporary copy (in your computer’s cache) of the Content, provided you:
No right, title or interest in any downloaded or reproduced materials is transferred to you as a result of any such downloading or reproduction. Noritake reserves complete title and full intellectual property rights in any Content you download or reproduce from this Web site. Except as noted above, you may not use, copy, download, reproduce, modify, publish, distribute, transmit, store in a retrieval system, transfer or create derivative works from the Content, in whole or in part, without first obtaining written permission from Noritake. Nothing on the Web site should be construed as granting any license or right to use any name, logo or trademark without the express prior permission of Noritake or the relevant contributor.
Intellectual Property Infringements
By using the Web site, you agree to notify Noritake immediately if you become aware of any third party that is or may be infringing the intellectual property rights in the Web site. You also agree to give Noritake all assistance as reasonably necessary in relation to any relevant infringement proceedings. Noritake shall have sole control of the defense and settlement of any infringement proceedings. Any recovery from infringement proceedings is the property of Noritake.
If a court in the applicable jurisdiction or Noritake determines that the Web site or the Content have infringed or may infringe a third party’s intellectual property rights, Noritake shall have the right to alter, delete or modify the Web site or Content in order to avoid continuing infringement.
Use of the Web site
You must be able to form legally binding contracts to use some of the services provided on the Web Site (e.g. purchase goods). In this respect, you must be aged 18 years or over and have the capacity to enter into legally binding contracts under Australian law .
You must not take any action that might undermine the integrity of the services provided on the Web Site. You must not use the Web site in any manner or for any purpose that is unlawful, or in any manner that violates any right of Noritake, or that is prohibited by these Terms and Conditions. In particular it is a condition of your use of and/or access to the Web site that you do NOT do any of the following:
Noritake reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the Web site.
We welcome your feedback regarding the Web site.
Images & Colours
We have done our best to display as accurately as possible images and colours, including of products, shown on this Web site. However, because the colours you see will depend on your monitor and can look different due to lighting, we cannot guarantee that your monitor’s display of any colour will be accurate.
Purchasing on this Web Site
When you purchase goods from the Web site you enter into a contract with Noritake and accept that you will be bound by the Terms and Conditions operating at the time you placed your order with Noritake.
When you purchase goods from the Web site the following terms and conditions form part of these Terms and Conditions:
To the full extent permitted by law and except as otherwise provided herein, Noritake excludes all terms, conditions, warranties or representations whether express or implied. To the full extent permitted by law, Noritake excludes all liability howsoever arising (including from negligence) for any loss or damage arising in connection with any goods or services supplied by Noritake, or in connection with these Terms and Conditions and Web site. Nothing in these Terms and Conditions limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar consumer protection laws in Australia, except where Noritake is legally permitted to do so. If it is legally permitted to do so, then Noritake limits its liability to the following: (1) in the case of goods, one or more of the following at Noritake’s discretion: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and (2) in the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.
To the fullest extent permitted by law , you agree to defend, indemnify and hold Noritake, its subsidiaries, related entities, directors, officers, employees, agents and suppliers harmless from and against any and all claims, damages, costs, losses, liabilities and expenses, including but not limited to attorneys’ fees, arising directly or indirectly as a result of your use of or access to the Web site or any breach or violation of these Terms and Conditions.
Protection of our Web Site and Others
We may disclose information you provide to our Web site when we believe such disclosure is appropriate to comply with the law; to enforce or apply our Terms and Conditions and other agreements; or to protect the rights, property or safety of Noritake, our sites, our users or others.
Noritake may terminate this agreement and your access to the Web site and the Content at any time without notice.
In the event of termination you must immediately cease accessing and using the Web site and the Content and (at Noritake option) return or destroy any hard copies of the Content to Noritake and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licenses granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of law, that provision will be severed and the other provisions shall remain in full force and effect.
In order to use the Web site, it is your responsibility to procure access to the Internet and to pay any costs associated with that access.
Noritake reserves the right to modify and/or suspend services on this Web site, and to terminate your ability to purchase products from this Web site at any time without notice.
These Terms shall be governed by, construed and enforced in accordance with the laws of New South Wales. Disputes arising here are in first instance exclusively subject to the jurisdiction of the courts of New South Wales.
Noritake may provide links or references to other websites originating from other companies, individuals or organisations, but Noritake has no responsibility for the content or operation of any such websites and shall not be liable in any way for any damages or injury arising out of or resulting from access to or use of such websites. It is your responsibility to check on any guidelines and conditions applicable to such third party websites. Any links provided are for your convenience only and are not an endorsement of the companies, organisation or products referred to on the website to which this Web site links.
Noritake Australia Eshop Delivery Policy
If products are in stock , Noritake Australia will normally dispatch your order within 3 business days of accepting your order. After dispatch, the order should arrive within 2-10 business days depending on your location. Please ensure you enter the correct delivery address as parcels that are returned to us as undeliverable will incur a re-delivery fee. From time to time there may be a slight delay in delivery and delivery may take a little longer due to an unexpected stock shortfall or for other unexpected reasons. If we are unable to dispatch your order for any reason, we will notify you as soon as reasonably possible. Noritake will not be responsible for any delay in delivery of any product(s) caused by, or in any way connected with, any cause beyond the reasonable control of Noritake.
Orders are dispatched through our contracted courier Star Track Express as a door to door receipted delivery. It is thus important that the delivery address is one where there is someone present during the day to sign for the delivery. If you are not at home when the goods are delivered, Star Track Express will leave a card with information on how to collect your parcel or to arrange a re-delivery. If you authorise our courier to leave the package unattended upon delivery, please tick the box “I authorize Noritake Australia’s contracted courier to leave the package unattended upon delivery” at checkout on the Web site. Please be advised that Noritake Australia will not be liable for any losses or damages (including but not limited to if the parcel is stolen or damaged once left unattended) if you select this option.
Star Track Express cannot deliver to PO Boxes.
Orders valued at or under $200 will incur Delivery & Handling charge of $9.99. Orders over $200 will not be charged delivery fees. Free delivery charge refers to 1 order and 1 delivery destination; multiple orders may not be combined.
If your order is returned to Noritake Australia as undeliverable due to insufficient or incorrect delivery address provided, it will incur re-delivery charge regardless of total amount of your order. Subject to our Returns Policy, freight charges paid for the original dispatch are not refundable.
Delivery Outside Australia
Noritake Australia does not ship our products outside Australia.
Noritake Australia Return Policy
At Noritake, we believe quality brand should not only be about bringing beautiful quality products, but should also be about providing quality service. If for any reason you are not satisfied with your purchase your made via noritakeeshop.com.au, please follow the relevant procedure below and contact our Customer Service team.
Defects and Faults
If the product/s arrive faulty or damaged due to a genuine manufacturing fault or defect or due to breakage during delivery, please contact our Customer Service to organise for the product(s) to be returned, then return the product(s), unless instructed otherwise, along with your proof of purchase and a written reason for the return of the product(s) in accordance with the instructions provided to you.
Subject to the requirements set out in the Australian Consumer Law, Noritake will (a) if the failure is a major failure at your option either arrange for a replacement with an identical or comparable product(s), or issue a refund of the purchase price of the faulty/damaged product/s; or (b) if the failure is not a major failure, at Noritake’s option, repair or replace the product(s). Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods .
Returns will not be accepted by Noritake if the fault or damage to the product which has made it of unacceptable quality has been caused by an accident, or by neglect or by abnormal use , by either you or a third party or if you fail to take reasonable steps to prevent the product from becoming of unacceptable quality.
Change of Mind
Undamaged and unused items in its original condition and packaging may be returned to us within 14 days of order delivery due to change of mind. If you are requesting a refund, the cost of the product(s) will be refunded upon receipt of the returned products. We will notify you via email once your refund has been processed. Any delivery costs associated with the original order will not be refunded (unless the product is broken/faulty). Any delivery costs relating to the return will not be covered and will be your responsibility. Please quote your order and/or invoice number clearly on the return.
This document was last updated in January 2016.