Harvey Norman Commercial Terms & Conditions
General
Each Harvey Norman Commercial Division Showroom is operated by an independent franchisee (“Franchisee”) pursuant to a franchise granted by a subsidiary of Harvey Norman Holdings Limited ACN 003 237 545 (“HNH”).
Blae Commercial Pty Ltd As Trustee for Blae Commercial No.2 Trust – Trading as Harvey Norman Commercial Division. ACN 665 839 109. ABN 21 985 428 230. (collectively referred to as “our”, “us”, “we”) is the owner and publisher of the copyright material contained in this website or in some cases, a subsidiary of HNH is the owner of copyright material and trade marks contained in this website which we have been granted a license to use.
Your use of this website is subject to these Terms, our Privacy Policy and any other laws or regulations which apply to this website. If you do not accept these Terms, you must refrain from using this website.
Prices, Products and Services
Each of HNH, each subsidiaries of HNH and each Franchisee other than us (“Other Franchisee”), does not publish, make or authorise any offer or representation by this website. We will offer each item of the goods described in this website (“Offer Goods”) for sale, until a specified date or until sold, whichever first occurs, at no greater than the price specified in this website for that item (“Offer Price”) at 15-21 Atkinson Rd, Taren Point, New South Wales, Australia, subject to these terms and conditions and any other terms and conditions noted where the goods are described in this website. Prices displayed on this website are in Australian dollars. Images of goods published in this website without any advertised price beside that image are not offered for sale. Photographs are for illustrative purposes only and may vary from products depicted or described. Each item of the Offer Goods may not be available for immediate delivery by us. Indicative delivery date will be advised, upon request. Each published saving in respect of an item is by reference to the recommended retail price of the manufacturer or the normal price charged by us. Prices for items of Offer Goods will vary from prices offered or charged by each Other Franchisee for equivalent goods. Each of HNH and each subsidiary of HNH expressly does not represent that any item of Offer Goods will be offered by or available from any Other Franchisee or at the Offer Price, or at all. Each trademark is the property of their respective owners. If we sell out of, or are temporarily out of stock of any item of Offer Goods, during the Offer Period, then we will offer each person who requests supply of that item during the Offer Period, a raincheck, so that the person may purchase, from us, either, later a product the same as that item at not greater than the Offer Price, or an alternative product with similar features with equivalent or a higher value, at a price for that item not greater than an amount equivalent to the Offer Price. Harvey Norman and the Harvey Norman logo are registered trade marks of Harvey Norman Retailing Pty Limited A.C.N. 010 542 524 and used under limited licences by us and each Other Franchisee. We reserve the right to correct any errors or misprints. No sales are made by this website. International visitors to this website should not rely on information contained in this website.
Intellectual Property
This website and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by us, or in some cases, by HNH or a subsidiary of HNH or a third party. These intellectual property rights are protected by Australian and international laws.
You may view the website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
Other Websites
Our website may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or of any information, products or services referred to on those third party websites unless expressly stated. You link to these websites at your own risk and should make your own enquiries as to the privacy policies of these third parties. We are not responsible for information on, or the privacy practices of, such websites. We do not permit any linkages to this website without written permission.
We may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
Secure data
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security. If you become aware of any problems with the security of the data or the website, please contact us immediately by email [email protected].
Viruses
Given the nature of the internet, we cannot guarantee that this website is free from viruses, fault or other conditions which could damage or interfere with your computer systems and we do not warrant that your access to this website will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this website and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
Cookies
We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
Use of Your Information and Material
We appreciate any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which we may add to this website. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
Prohibited and Improper Use
You must not use this website for any inappropriate activities such as, transmitting, authorising, retrieving or storing offensive materials (including photos, videos, audio or text), which are harassing, defamatory, discriminatory, copyright, pornographic, illegal or a privacy violation or in breach of any applicable laws or regulations or otherwise for any unlawful purpose.
Privacy Policy
If we collect your personal information we do so in accordance with our Privacy Policy available on this website. The Privacy Policy explains how we manage your personal information in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).
Disclaimer
We and each of HNH, each subsidiaries of HNH and each Other Franchisee, makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
We and each of HNH, each subsidiaries of HNH and each Other Franchisee do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, we and each of HNH, each subsidiaries of HNH and each Other Franchisee, exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
You agree to indemnify us and each of HNH, each subsidiaries of HNH and each Other Franchisee, our and their officers, employees, shareholders, agents and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Trade Practices Act 1974 (Cth).
GST
Unless otherwise stated, charges referred to for any goods or services supplied (or offered for supply) via this website are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999. Tax Invoice has the meaning given to it by the Act.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this website complies with the laws of any country outside Australia.
General
We may, from time to time, add or remove information, products or services from this website without notice.
We reserve the right to amend these Terms at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms will survive.
Reference to “website” means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).