Terms & Conditions
In these Terms and Conditions of Sale ("Conditions of Sale"), "we" or "us" means FSM Management Pty Limited FSM Management Pty Ltd (ABN 80390313162)
and "you" means the person, organisation or entity that purchased the products or related services from us.
These Conditions of Sale form the agreement under which we will supply products and services to you and apply to all sales made by us to consumers whether products and services are purchased online or over the telephone.
- Quotations are valid for a period stated
- Quoted prices are ex-warehouse Melbourne unless otherwise stated.
- A deposit is required to confirm your order.
- Deposits may be paid by credit card; (VISA or Mastercard only), Direct Debit or Cheque
- Cookers are custom manufactured and imported specifically for each customer to suit their colour preference and other personal needs and therefore deposits are not refundable due to cancellation.
- Cooker delivery is approx 12 - 16 weeks from date of order. Balance to be paid on arrival into Melbourne warehouse or before release of cooker whichever may occur first.
- If full cooker payment is not received then storage charges may apply.
- AGA Australia reserves the right to charge storage and insurance costs on goods held in our warehouse for a period longer than 3 months.
- Any claim for delivery damage to be made against the warranty must be done within 3 days from receipt of delivery.
- All goods remain the property of AGA Australia until full payment has been received.
If you place an order with us by telephone or by submitting to us an online order form on our website we may reject an order due to product availability or inability to validate product payment. If you are under eighteen (18) years of age we may treat such an order as void.
Product prices can change. Check the latest price on our website or confirm the price by calling AGA Australia before ordering. This is your responsibility to check the order before you completing your online or telephone order.
You will recieve an "order reference number" via email or phone once your checkout process or phone order is complete. If you are paying by credit card, debit card, EFTPOS, or Stripe, your order will be completed once payment is validated.
When an order reference number has been supplied, a binding agreement will come into existence between you and AGA Australia and these Conditions of Sale will apply. Subject to availability, these Conditions of Sale will be effective, unless we both agree to the changes in writing. Subject to these Conditions of Sale, order cancellations should be made at least one business day before your planned delivery date to receive a full refund.
We always strive to ensure that the stock levels shown on our product pages are accurate, but they remain subject to change without notice.
If there are any delays or problems with your order, we will get in touch with you as soon as possible, and pass on any information from the manufacturer as soon as it becomes available.
Price and Payment
The product price is on the website or available by phoning AGA Australia. Prices include GST. We strive to keep prices and product information correct on our website and promotional material. Third party websites may be incorrect and we are not bound by them.
We accept payment by VISA, MasterCard credit cards, or Stripe. Delivery must be paid in the total, with the order.
Stripe uses encryption for your credit card details to maximise security. stripe.com/help/security.
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.
If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process or inform us when placing your phone order.
Products purchased with a gift voucher cannot be returned in exchange for cash.
For Cook Shop products bought from the AGA Australia website there is a flat rate of $25 per order.
AGA Australia offers $100 delivery fee on any purchase of a cooker or fridge. Charges for cookware items bought from the showroom will be subject to the standard rates set by TNT or Australia post.
You can request a date for delivery and we will strive to deliver on that date. If your preferred delivery date is not possible we will contact you to make other arrangements.
If you need to change a delivery date or the delivery address, please contact AGA Australia at least 48 hours before the scheduled delivery date. If you are not available to take delivery on the agreed delivery date, you will be charged a delivery fee for each additional attempt for delivery. However, if we cannot deliver your full order at the time agreed you will not be charged for additional deliveries.
Next business day delivery of the product may be available. You will need to place your order by 2.30 pm by phone, (Melbourne time) on the previous business day, the product must be in stock and you must be in our next day delivery area.
Delivery method is decided depending on the product.
Delivery by our contracted courier company or directly by the manufacturer will be sent with authority to leave the item, unless specified otherwise by you.
Australia Post - if no one authorised is to take delivery, an "Article Awaiting" card will be left at the delivery address and the order will be taken to the suitable Australian Post Office for storage until you are able to go and pick the product up. Once the "Article Awaiting" card is left our responsibility is complete.
We are unable to guarantee an exact delivery time. On delivery day our driver will contact you before 10am with an approximate delivery window. For deliveries after 11 am the driver will re-contact you approximately one hour before arrival.
Title and Risk
Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. 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. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
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 is not major.
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 would like to make a claim under the manufacturer's warranty, please contact AGA Australia.
Returns and Refunds
If your goods are deemed faulty following confirmation by the manufacturer you may replace them free of charge.
If you notice any damage to your goods please notify us at the time of delivery. We recommend you thoroughly inspect your goods at this time. If you notice any damage to your goods within 24 hours of receiving delivery please notify AGA Australia immediately. Evidence of damage will be required i.e. photographs.
If for any other reason you need to return an item please call AGA Australia within 5 business days of receiving delivery.
If your goods remain boxed and un-open you may return them within 30 days for a full refund. A collection fee of $50 or the amount of your delivery fee if it was greater than $50 will apply.
If your goods have been unboxed but otherwise are as new (have not been used or connected) a 20% restocking fee (20% of your purchase price) will apply. AGA Australia does not deal with factory seconds, damaged or open goods and charges restocking fees to cover return costs. A collection fee of $50 or the amount of your delivery fee if it was greater than $50 will apply.
We will organise for your return goods to be collected. Goods are usually collected within 3 days.
You as the customer have a duty of care for the product whilst it is in your possession. If products are damaged by you and subsequently returned, a charge will be made to repair the product to its original condition. Please be aware that where repair is not economically viable no refund will be made.
All refunds will be issued when goods have arrived back to AGA Australia and have been inspected by a member of our team. Refunds will be made by the same method used for the purchase.
We are unable to accept return of any goods that you have attempted to connect, install or have used.
We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale 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.