These Internet Terms apply to the sale and purchase of all DE'LONGHI and KENWOOD branded products (Products) by De'Longhi Australia Pty Limited ABN 49 104 012 857, located at Nexus Park, Unit 3, 43 Lyn Parade, Preston, NSW, Australia (Company) to any person(s), business or company (Purchaser) intending to sell or distribute Products via the Internet. The placement of an order for Products, acceptance of delivery of Products, or payment for any Products by the Purchaser is deemed to be acceptance of these Internet Terms. These Internet Terms prevail over any terms in any documents of the Purchaser.
In addition to compliance with these Terms, sale and distribution of the Products online will only be permissible by the Purchaser in the following circumstances (NOTE: the provisions of this term apply to all parent and child accounts pertaining to the Purchaser).
- All Internet based sales activities must be approved and agreed to in writing by the Company prior to their commencement.
- To obtain approval from the Company, the Purchaser's online retail facility must be supported by a fully maintained retail operation and showroom, physically displaying the Products available for sale online (i.e. the Purchaser cannot operate online only).
- The only Products which can be promoted and made available for sale online by the Purchaser, are Products which are:
- in stock and readily available to the Purchaser for prompt delivery to the customer; and
- which are directly supplied to the Purchaser by the Company under, and in accordance with, these Terms.
- Internet sales are only permissible:
- via a website address containing the Purchaser's trading name (e.g.www.tradingname.com.au);and
- via a website under the sole and direct management and control of the Purchaser.
- For an abundance of clarity, on-selling to other online businesses is expressly prohibited.
Failure to comply with the provisions of this term 13 may result in the termination of supply of Products to the Purchaser, as determined in the Company's sole and absolute discretion.
Redemption and cash back offers offered by the Company from time to time are only available on retail purchases and all online purchases are excluded from these offers. The terms of any such offers by the Company must be strictly adhered to by the Purchaser.
The Purchaser acknowledges and agrees that it is not granted any rights, title or interest in any intellectual property owned or licensed by the Company (including the DE'LONGHI and KENWOOD Logos) and that the Purchaser must not use any of the Company's intellectual property without prior written consent from the Company.
The Purchaser must not make any changes to the Products or any materials, including documents or packaging, which contain or display any of the Company's intellectual property.
General Terms and Conditions of Sale
The Purchaser acknowledges and agrees that the sale and distribution of Products by the Purchaser are also subject to the Company's General Terms and Conditions of Sale. The Purchaser hereby agrees to comply with both these Internet Terms and the Terms in its sale and distribution of the Products.