In these Terms and Conditions of Sale (Terms), "we" or "us" means LG Electronics Australia Pty Ltd ABN 98 064 531 264 of 2 Wonderland Drive, Eastern Creek NSW 2766, and "you" means the person, organisation or entity that purchases Products from us.
Please read through these Terms carefully as they form the agreement under which we will supply LG products (Products) to you. These Terms apply to all sales of Products we make to consumers where the products are purchased from us online at www.lg.com/au(LG Online Store) and you are in Australia. By placing an order for Products with us at the LG Online Store you agree to these Terms. These Terms do not cover the sale of our products from third parties to you.
We reserve the right to amend these Terms from time to time. Whenever you wish to buy Products from us at the LG Online Store, please check these Terms to ensure you understand these Terms which will apply at that time. We most recently updated these Terms in September 2020.
1.1 If you create an account on the LG Online Store, you agree that the account information that you provide is accurate and complete. You also agree not to:
(a) select, register, or attempt to register, or use the name or any other identifiable information of another person with the intention of impersonating that person;
(b) use the name of anyone else without authorisation;
(c) use a name in violation of the intellectual property rights of any person; or
(d) use a name that we consider to be offensive. We reserve the right to reject or terminate the account of any person that does not comply with these Terms.
1.2 You are solely responsible for preserving the confidentiality of your account and you agree to notify us of any known or suspected unauthorised use of your account. Further, you agree that you are responsible for all statements made and acts or omissions that occur on your account while your password is being used. If you believe someone has used your password or account without your authorisation, you must notify us immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.
2.1 You may place an order with us by completing and submitting to us an online order form at the LG Online Store. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered Products, our ability to validate payment for the Products or if you are not in Australia. You must not order Products from us if you are under eighteen (18) years of age. We will treat any order by a person under eighteen (18) years old as void.
2.2 Your order constitutes an offer from you to buy our Products on these Terms. You are deemed to have placed an order with us by ordering via our online checkout process at the LG Online Store.
2.3 Please choose your products carefully. Prices can change and so you should check the latest price on our website before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process.
2.4 We will let you have an "order reference number" via a confirmation email once your checkout process is complete (Order Confirmation). Please note that the Order Confirmation is acknowledgment that we have received your order and that your order has been accepted by us. However, as all payments are made either by credit card or debit card, we will not process your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order. Please keep your order reference number safely
2.5 These Terms constitute the entire contract between us and you for the supply of Products in your order. The parties to the contract are you and LG Electronics Australia Pty Ltd ABN 98 064 531 264. Only these Terms apply in relation to the supply of the ordered Products from the LG Online Store. We reserve the right to amend these Terms from time to time as set out in clause 12.9 but once an order is accepted by us, no changes to these Terms will be effective unless we both agree to the changes in writing
2.6 Images or photographs of the Products on the LG Online Store are for illustration purposes only. Actual Products available for purchase in Australia may differ from those that are shown. We use reasonable endeavours to make sure the colours, sizes and details are displayed accurately but errors may occur. We are unable to guarantee that the way in which your computer depicts colours or details accurately reflects the Products we make available for purchase. The Products you receive may therefore vary slightly from those advertised. Packaging that we use to provide the Products to you may vary from any packaging indicated on the LG Online Store (where applicable).
2.7 You may cancel an order at any time before it is picked for shipping at our warehouse. To cancel your order, you must log into your account on the LG Online Store, find your order and, if the ‘cancel order’ button appears, click the ‘cancel order’ button and follow any further prompts required to confirm the cancellation. Once your order has been picked at our warehouse, the ‘cancel order’ button will not appear. However, after delivery, a ‘change of mind’ return may be available in accordance with clause 8. For cancelled orders, we will usually make any refunds using the same method originally used by you to pay for your purchase, as soon as practicable after the order is cancelled.
3.1 All stock availability as published on our website or on the LG Online Store is accurate in accordance with our current stock levels at the time of publication, however, these stock levels are subject to change without notice.
3.2 All Products are subject to availability. If, for any reason, any or all of the Products you order are or become unavailable (even after we accept your order), we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it and advise you of any revised delivery dates. In such cases, if you have already paid for the Products we will either notify you when the Products will be delivered or refund you the amount paid as soon as reasonably practicable.
3.3 LG may appoint subcontractors to supply or deliver the Products and to perform any act of LG contemplated under these Terms.
4.1 The price of the Products will be as quoted on the LG Online Store from time to time, except in cases of obvious error. Product prices include GST at the current rates. Unless specified otherwise, the price quoted on the LG Online Store for Products includes delivery charges.
4.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already received cleared payment.
4.3 We accept payment by VISA and MasterCard only. Payments are collected on our behalf by eWay. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use eWay’s secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
4.4 LG uses the eWAY’s Payment Gateway for its online credit card transactions and by completing a transaction you are deemed to be aware of and have accepted the terms and conditions of use of the eWAY Payment Gateway. Your complete credit card number cannot be viewed by LG. In addition:
(a) All transactions are performed under 128 Bit SSL Certificate;
(b) All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data;
(c) eWAY is an authorised third party processor under these terms and conditions;
(d) For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.
5.1 Products can only be delivered to addresses within Australia to which LG’s third party delivery agent delivers. We are unable to deliver to certain parts of Australia and where this is the case you will not be able to process your order through the LG Online Store. Products cannot be delivered to a PO Box. Regular deliveries to NSW, QLD and VIC metro areas should be received within 3-5 business days. For ACT, SA, WA, TAS, NT metro and other rural areas, orders should be received within 7-10 business days. However these are estimated delivery times only.
5.2 Subject to clause 5.1, we will deliver the Products to the delivery address you specify in your order. We will not deliver the Products to your delivery address unless there is someone present to accept and sign for them, during normal business hours (9am to 5pm, Monday to Friday). If there is not someone present at your delivery address to sign for and take delivery of the Products, for smaller products a parcel collection card may be left at your delivery address and the Products may be delivered to your local Australia Post Office, the freight provider’s depot or other collection point for your collection. Larger/bulky Products that are unable to be delivered may be returned to the freight provider’s depot, after which delivery will be re-arranged.
5.3 Delivery of the Products does not include installation, packaging removal or collection, or disposal of any old appliances.
6.1 Notwithstanding delivery of the Products to you, title in the Products will not pass to you until the later of delivery or we have received your payment. If your payment is declined for any reason we reserve the right to reclaim the Products from your possession, custody or control even if they have been delivered to you or moved from the delivery address and we reserve the right to keep or sell those Products. Risk of loss, damage or deterioration to any Products will pass to you on delivery.
6.2 You acknowledge and agree that clause 6.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (PPSA). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
7.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any liability under them) which by law may not be limited or excluded.
7.2 Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be 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.
7.3 You should check the Products as soon as they are delivered to you to ensure that:
(a) they are what you ordered; and
(b) they are not damaged or faulty. If this is not the case, you should contact LG Customer Care Team on 1300 54 22 73 (option 9) as soon as possible.
7.4 You may not be entitled to any refund or exchange if only the packaging is damaged in transit. The packaging is to protect the Products themselves.
7.5 Your Product may come with a manufacturer's warranty from LG. LG’s 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 it may not apply in a business or commercial setting. If you would like to make a claim under the manufacturer's warranty or ACL, please contact us at 1300 LG CARE (1300 54 22 73). Further information regarding LG manufacturer’s warranties is available at https://www.lg.com/au/support/warranty.
7.6 Subject to this clause 7 and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded;
(b) we will not 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 or these Terms (including as a result of not being able to use the Products or the late supply of Products), 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
(c) our total liability arising out of or in connection with the Products or these Terms, 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 the Products under these Terms.
7.7 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.
7.8 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.
8.1 In addition to your rights under LG’s warranties and the ACL in relation to faulty goods, you may return Products at any time within fourteen (14) days, beginning on the day you purchase the Products, provided that the following requirements are met:
(a) within 14 days or purchase from the LG Online Store, you contact the LG Customer Care Team on 1300 54 22 73 (option 9) to lodge your request for a 'Change of Mind' return;
(b) you make the Product available for collection and inspection by an LG Authorised Agent;
(c) the Product is unused;
(d) the Product's packaging is un-opened and the packaging seal is intact;
(e) the Product's packaging is not damaged; and
(f) the Product is in re-sellable condition.
8.2 If you wish to return a Product because you have changed your mind and you meet the requirements of clause 8.1, you will receive a full refund of the price paid for the Product in accordance with our Returns Process (see clause 9 below). However, with ‘change of mind’ returns, if the Product packaging is damaged, unsealed, unboxed and/or the Product has been used, or the requirements in clause 8.1 are not otherwise met, we are unable to give you a refund, so please choose carefully when selecting your Product, and when deciding to open packaging following delivery. This clause 8 does not apply to returns or claims under the ACL.
(a) The following process applies to return of Products:
(i) Contact an LG Returns Representative on 1300 54 22 73 (option 9), via our website or by email to email@example.com. We will then inform you of the arrangements to return the Product to us.
(ii) You will be required to then email proof of your original purchase and any delivery documentation to firstname.lastname@example.org.
(iii) If the Product being returned is small and/or located in a place which is less than 30 kilometres (by road) from the nearest LG authorised repair service outlet and you can reasonably transport it to that outlet , you may be asked to bring, or send, that Product to that nearest LG authorised repair service outlet. Alternatively, we may send a return satchel to your address listed in your order, in which you can return the Product to us.
(iv) If the Product is located in a place which is greater than 30 kilometres (by road) from the nearest LG authorised repair service outlet, is a large/bulky item or otherwise the nature of it is such that it cannot easily be removed, you may request collection of the Product by LG. If LG approves the request for collection of the Product from its location, we will arrange a time for the Product to be collected from your address listed in your order.
(v) You must return the Product:
(1) with all original components and accessories (including manuals, documentation, etc.); and
(2) in its original cartons and packaging or, if necessary, in packaging suitable to prevent damage to the Product.
(vi) You must retain proof of pickup or despatch (as the case may be), to be provided to LG on request.
(vii) If you are returning the Product to us because you consider that the Product is faulty or damaged, we will assess the Product following receipt of the Product from you. Subject to clause 9(c), if:
(1) no fault is found, or the fault is found to be caused by you (see clause 9(f) below), the claim will be rejected and we will return the Product to you;
(2) in the case of a valid warranty claim, we will liaise with you regarding an applicable warranty remedy;
(3) in the case of an ACL claim, we will assess whether you are entitled to an ACL remedy and, if so, we will liaise with you regarding an applicable ACL remedy.
(b) We will notify you of our assessment via email within a reasonable period of time of when we receive the Product from you.
(c) You have a legal obligation to take reasonable care of a Product while it is in your possession. If you fail to comply with this obligation and return a Product to us, we may have a right of action against you for compensation. When returning a Product to us we recommend you obtain a proof of posting. In all cases, we reserve the right to inspect the Product and verify the fault or defect. For an exchange or refund, the Product must be in otherwise ‘as new’ condition and if possible with the original packaging. We reserve the right to refuse a refund or exchange if the Product returned is considered to have been otherwise damaged.
(d) We will usually process a refund due to you as soon as possible and, in any case, within thirty (30) days of confirming to you via email that you are entitled to a refund.
(e) We will usually make any refunds using the same method originally used by you to pay for your purchase.
(f) We do not cover faults caused by misuse, neglect, physical damage, tampering or incorrect adjustment or normal wear and tear. Products sold on our Site are intended for domestic use only and are not for commercial use or resale. Nor do we cover faults due to incorrect installation in your home. Please do not remove the serial number.
(g) This clause 9 does not affect your statutory rights.
12.1 These Terms form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any terms or conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
12.2 We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' written notice.
12.3 We reserve the right to refuse supply of the Products ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on the LG Online Store at our sole discretion and without incurring any liability to you.
12.4 All formal notices given by you to us must be given to LG Electronics Australia Pty Ltd ABN 98 064 531 264 of 2 Wonderland Drive, Eastern Creek NSW 2766. We may give notice to you at either the email or postal address you provide to us when placing an order or at any other time. Notice will be deemed received and properly served twenty four (24) hours after an email is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5 You must not assign any rights and obligations under these Terms whether in whole or in part without our prior written consent, which we may withhold in our discretion.
12.6 Any failure to enforce or a delay in enforcing any of our rights under these Terms does not constitute a waiver of those rights. Any partial exercise of a right does not preclude any further exercise of that or any other right.
12.7 If any provision of these Terms is held to be prohibited, invalid or unenforceable in any jurisdiction:
(a) that provision is ineffective to the extent of the prohibition, invalidity or unenforceability in that jurisdiction;
(b) the validity or enforceability of that provision is not affected in any other jurisdiction;
(c) the remaining provisions of these Terms are not affected.
12.8 These Terms are governed by the law in force in New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction in New South Wales, Australia.
12.9 We may revise and amend these Terms from time to time by posting them on the LG Online Store. You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you an order confirmation (in which case we have the right to assume that you have accepted the change to these Terms, unless you notify us to the contrary within five (5) working days of receipt by you of the Products).