Terms And Conditions

Mitchell and Brown – Terms and Conditions

In these Terms and Conditions "we" and "us" mean Mitchell and Brown PTY LTD ABN 63 009 465 703 and "you" means you the customer. These Terms and Conditions together with your Sales Order constitute the entire Contract between you and us for the supply of products. The Contract cannot be varied unless we agree to vary it in writing or by email. Mitchell and Brown PTY LTD advises the pictures are for illustration purposes only and therefore may not reflect the correct model specified.

By accepting these terms and conditions you verify that all information is true and correct. Failure to do so may result in delays to your order.

Please read through these Terms and Conditions carefully as they form the agreement under which we will supply products and services to you. These Terms and Conditions apply to all sales made by us to consumers whether products and services are purchased online, in store or via phone.

We sell some products under agency agreements. Prices for these products are set by the manufacturers and we cannot adjust them. These include products from the following brands: Asko, Falcon, Miele, Neff. If you are buying products from these manufacturers, you will be subject to their terms and conditions of sale, which will prevail over these Terms and Conditions to the extent of any inconsistency. Please go to relevant websites to see the terms and conditions of sale agency brands: Asko, Falcon, Miele, Neff.

We will receive payment from you for the above products on behalf of the manufacturer and your tax invoice for these products will come directly from them. If you are paying for these products by credit or debit cards, you consent to us disclosing your credit or debit card information to the manufacturers for the purpose of obtaining payment for the products. Delivery for most of these products will be by the relevant manufacturers.

Availability

We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.

If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.

Privacy Policy

Keeping your information private is something that Mitchell and Brown is absolutely committed to. We want you to visit our site regularly, with complete confidence and without any unanswered questions. We want to share our privacy policy with you so that you know exactly how we gather information and what we do (and don't do) with that information.

As you probably know already, we've got a few links to other sites to help give you as much information as possible. Mitchell and Brown isn't responsible for the privacy practices or the content of these other web sites. The actual chance that you will have an issue with these sites is very small, but we can't be at all places at all times to guarantee it.

We are not responsible for anything related to the linked site(s). You agree to access and use any third party sites at your own risk.

Server Logging & Web Site Cookies

Each customer's computer uses an IP (Internet Protocol) address when they are online, which is logged by our server. We use your IP address to identify your website use, assist in the ordering process, help diagnose any problems with your order and our server in general, and to gather broad demographic information such as visitor numbers.

Our web site also uses cookies. Cookies are small text files a web site stores on your computer and which are used to recognise repeat customers and enhance their experience when they return to the web site, storing information about you and your preferences. Only the information that you provide, or the choices you make whilst visiting the web site can be stored in a cookie. For example, a cookie cannot determine your e-mail address unless you choose to enter it in to the appropriate field.

Allowing a web site to create a cookie does not give the Mitchell and Brown web site or any other web site access to the rest of your computer, and only the web site that created the cookie can read it. Cookies allow you to take advantage of the best features offered by web sites. For instance we use cookies to save your login details so you don't have to re-enter it each time you visit our site. If you prefer, you can set your web browser (such as Internet Explorer) to notify you when a site is using a cookie and/or to refuse it.

How We Collect Customer Information
Mitchell and Brown also gathers information about customers through:
  • Shopping cart order forms
  • My Account contact profile update form
  • Online surveys (an opt-in choice)
  • Promotional contests (an opt-in choice)
  • Newsletter registration form (an opt-in choice)
  • Contact Us email form

How We Use This Information
The information we obtain from you is used for these purposes:
  • To process payments for product purchases and send you items you have ordered
  • To contact you if necessary (regarding your purchase or contact details provided)
  • To generate purchasing statistics from online surveys and competitions (an opt-in choice)
  • To contact you if you win a competition (an opt-in choice)
  • To send you information about our company/products and promotional material from some of our partners (if you join one of our mailing lists, an opt-in choice)
  • To answer any general queries you submit via our contact us email form

Customer Information
The Mitchell and Brown web site allows our customers the following communication opportunities:
  • Opting in or out of receiving communications from our web site and our partners Correcting or updating your information in the My Account area
  • Contacting us via our contact form

Legal Capacity To Transact

If you are under the age of eighteen (18) years you cannot place Sales Orders with Mitchell and Brown.

By accepting these Terms and Conditions you acknowledge and affirm that you are over the age of eighteen (18) years.

Should Mitchell and Brown suffer any damage or other losses as a result of a transaction entered into by a minor, Mitchell and Brown reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Mitchell and Brown.

Pricing and Payment

Mitchell and Brown currently accepts BPAY, Visa, MasterCard, Diners and Amex. Please note: a surcharge applies to Diners 2.9% and Amex 2.9%. Payment processing will not begin until we receive all the information we need.

Sales Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.

Business days are Monday through Friday, excluding WA Public holidays.

We process credit card payments after you click the "Submit My Order" button.

Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your Sales Order Confirmation within 5 days from the date that you receive your Sales Order Confirmation.

If a BPAY payment is not received within 7 days from the date that you receive your Sales Order Confirmation, Mitchell and Brown reserves the right to cancel the transaction.

Mitchell and Brown PTY LTD can refuse the right to offer interest free terms on certain brands including Apple,

Please Note: We are unable to accept credit cards issued by banks outside of Australia. Debit cards have daily spending limits that may substantially delay the processing of your sales order.

You may be required to provide further identification for additional security reference checks.

Pricing errors on website.

Every so often human error may occur on the website on product pricing, images and specifications. In the event a product is placed on the website at an incorrect price Mitchell and Brown reserve the right to withhold the sale. We will endeavour to ensure all pricing on the website is up to date, true and correct on all products. If an error does occur we will work alongside the consumer to come to a reasonable solution. A contract between you as the buyer and us as the seller will not be formed until goods are confirmed by us by way of a confirmation call.

Mitchell and Brown always seeks to list products with the most competitive prices.

Mitchell and Brown reserves the right to change prices for products displayed at Mitchell and Brown at any time.

The price of products shown excludes shipping costs.

Shipping cost is shown separately in the shopping cart page but may be recalculated based on how many and what items you place in your shopping cart The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

Please note that all products advertised online are either available in store or Mitchell and Brown PTY LTD can order the goods in. Online pricing may vary in store and we recommend calling the store and verifying the prices to avoid disappointment. Our online prices are for products purchased online and the same prices may not be reflected or honoured in store.

Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims

Products

Mitchell and Brown cannot get all products from certain brands listed on the website.

Mitchell and Brown do not carry all products for all the brands listed on this website.

Mitchell and Brown cannot always match pricing from companies websites that are shown on this site.

Returning A Product

Even though at Mitchell and Brown, we take pride in the care we take with packing all of our internet and phone orders, sometimes, accidents or errors happen. Notification of faulty, damaged, incorrect or missing products must be received by our team within 48 hours of your item being signed for. If you do not notify us within this time period, we are entitled to assume that the goods you have received were correct and in good and substantial working order and repair. Should your product be damaged or faulty, Mitchell and Brown will provide instructions on how to return goods in an appropriate manner.

If the product is damaged or Dead on Arrival or a Later Defect product, we have indicated below what you should do and how Mitchell and Brown will respond to the problem.

Mitchell and Brown will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.

For further assistance with product returns, please call our store on 0899659999

Please choose your product carefully as we do not offer a refund or exchange for change of mind or wrong selections. We are more then happy to provide as much assistance as needed to ensure you choose the right product the first time. At Mitchell and Brown’s discretion an in store credit may be offered for your goods.

Dead On Arrival Products - "DOA”

A Mitchell and Brown product is considered DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging. A Mitchell and Brown Customer Service Representative will provisionally determine whether the product is DOA. A photo may be requested to assist with the assessment of your claim. Where a product is provisionally determined as DOA we will arrange a replacement product or a full refund if it cannot be replaced.

If the product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, Mitchell and Brown may refuse to replace the product or give you a refund for the product.

When a product is replaced, your replacement product becomes your property and the returned DOA product becomes our property. Replacement products are provided with the same warranty as the returned product.

When a refund is given, the returned DOA product becomes our property.

Warranties and Limitation of Liabilities

Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:

"Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees"). You are entitled to a replacement or a refund for a major failure and for 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."

Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. However, you should check the manufacturer's warranty carefully as many manufacturers' warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer's warranty, please contact our store on 0899659999.

You may also purchase a Customer Care Plan at the time you buy your product. Such rights are in addition to but may overlap with any rights and remedies you may have under applicable laws including any Consumer Guarantees. The cost of the Customer Care Plan payable by you does not include any cost for benefits which overlap with your ACL rights. Please refer to the Customer Care Plan if you would like to make a claim.

All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded;

Mitchell and Brown, nor its directors, employees, agents, contractors or assigns, will be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Terms and Conditions (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

Our total liability arising out of or in connection with the products, the services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Terms and Conditions.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

Indemnity

You agree that you will indemnify and keep indemnified Mitchell and Brown, its directors, employees, agents, contractors or assigns against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal costs on a full indemnity basis) in respect of:

(a) personal injury;
(b) damage to tangible property; or
(c) a claim by a third party;

arising from or incidental to the provision of goods or services, or breach by you of these Terms and Conditions.

Product Images

Please note some product images on the website are used for illustrative purposes only as not all product images can always be sourced off of the manufacturer or supplier.

Online & in store Pricing

Please note that in store and online pricing may vary. For these instances we do offer the option to purchase online and pick up from our store or for our customer to choose the appropriate delivery method. If unsure on store pricing and considering coming in store please feel free to call 0899659999 or email sales@mitchellandbrown.com.au and we will be more than happy to advise the in store price.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Western Australia and shall be subject to the non-exclusive jurisdiction of the courts of Western Australia.