Terms & Conditions
1. Scope of Application
These General Terms and Conditions (Terms) apply to all orders placed through the HORL® online shop at www.horl.com/en-AU, operated by Horl International GmbH (ABN: 84 689 200 879). By placing an order, you agree to these Terms. These Terms are governed by Australian law and comply with the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Nothing in these Terms limits or excludes any right or guarantee you have under the ACL.
2. Contractual Partner and Formation of Contract
The purchase contract is concluded with Horl International GmbH. After placing your order, you will receive an automated email confirming receipt. The purchase contract is formed when we send you this order confirmation email.
We reserve the right to decline orders at our discretion, for example if a product is out of stock or if we are unable to verify payment. In such cases, any payment received will be refunded promptly.
3. Contract Language and Record Keeping
The language of the contract is English. We store the contract text and will send your order details to you by email at the time of purchase. You may also access a copy of these Terms on our website at any time.
4. Delivery Conditions
Shipping costs are additional to stated product prices. Details of applicable shipping costs are displayed during the checkout process before you confirm your order.
We deliver to addresses within Australia. Estimated delivery timeframes are shown at checkout; these are estimates only and are not guaranteed. Title and risk in the goods pass to you on delivery.
The purchase of our products for commercial resale through our online shop is prohibited. If a violation is detected, we reserve the right to cancel outstanding orders and restrict access to our shop. If you are interested in becoming a retail partner, please contact us at sales@horl.com.
5. Payment
We accept the payment methods shown at checkout. All prices are displayed in Australian Dollars (AUD) and include GST where applicable. We will send you an order confirmation including a tax invoice by email.
6. Retention of Title
The goods remain our property until full payment has been received and cleared. Until that time, you must not sell, transfer, or encumber the goods.
7. Transport Damage
If your order arrives damaged or you receive an incorrect item, please contact us as soon as possible after delivery: info@horl.com
Please retain the original packaging and, where possible, provide photographs. Where goods are damaged in transit before delivery, we will arrange a replacement or refund. Your statutory rights under the ACL are not affected by this clause.
8. Guarantees and Warranty
All products sold by us are subject to the Consumer Guarantees under the Australian Consumer Law. These guarantees apply automatically and cannot be excluded, restricted, or modified by any term of these Terms or any other agreement. They include guarantees as to acceptable quality, fitness for purpose, and correspondence with description.
If a product does not comply with a Consumer Guarantee, your remedy depends on whether the failure is major or minor. For a major failure, you may choose a refund, replacement, or compensation. For a minor failure, we may repair, replace, or refund. Please refer to our Returns, Refunds & Warranty Policy for full details.
This warranty is in addition to other rights and remedies you have under the Australian Consumer Law. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
9. Liability
To the extent permitted by law, our liability for any claim arising out of or in connection with a purchase is limited as follows:
- We are not liable for any indirect, incidental, special, or consequential loss or damage arising from your use of our products or website, except to the extent such liability cannot be excluded under the ACL.
- Where the ACL applies and the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for a failure to comply with a Consumer Guarantee is limited (at our election) to: replacement or repair of the goods, or the cost of having the goods repaired or replaced.
- Nothing in these Terms excludes, restricts, or modifies any right or guarantee you have under the ACL that cannot be excluded, restricted, or modified by agreement.
10. Governing Law
These Terms are governed by the laws of Australia. The Australian Consumer Law applies to all purchases made through our Australian online shop and prevails over any conflicting provision in these Terms.
Any dispute arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Australia. Consumers may also have rights to bring proceedings in the courts of the state or territory in which they reside.
11. Dispute Resolution
If you have a complaint or dispute, please contact us first so we can attempt to resolve it directly: info@horl.com
If your complaint is not resolved to your satisfaction, you may contact:
- Australian Competition and Consumer Commission (ACCC): www.accc.gov.au | 1300 302 502
- Your state or territory consumer protection agency (e.g. Consumer Affairs Victoria, NSW Fair Trading, Consumer Affairs and Fair Trading Tasmania)
- The relevant state or territory Civil and Administrative Tribunal (e.g. VCAT, NCAT, QCAT) for low-value disputes
12. Changes to These Terms
We may update these Terms from time to time to reflect changes in law or our business practices. The current version will always be available on our website. The Terms in force at the time you place your order apply to that order.