Website Terms of Use

About this Website

Welcome to the Arova Kitchens and Bathrooms website www.arova.com.au(“Arova”, the “Website”, “us”, “we”) which is owned and operated by Ozjay Pty Ltd (ABN 78 159 036 265) trading as Arova.

Arova offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use”, “Terms”),  including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you should refrain from using this website or make any purchase from the website.

These terms, together with the terms of the associated policies and the terms below form an agreement between Arova and you:

1. Returns, Refunds & Exchanges – shop with confidence knowing when and how you can make a return a get a refund
2. Privacy Policy – how we handle and protect your private information
3. Shipping Policy – timeframe for handling and delivery of your order
4. Warranty Policy – your rights and our obligations on product defect

Guests and Registered Members

You may access and/or use Arova website as a guest or as a registered member.

You must not use another member’s account without permission.

As a member, you must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.

By submitting an order or purchase on this website, you acknowledge that you:

1. are over the age of eighteen (18) years;
2. accept these terms and associated policies;
3. agree that you have entered into a legal contract with Arova in relation to these terms; and
4. these terms, together with your order, constitute the entire agreement between you and Arova for the supply of products.

Arova reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Arova suffers as a result of a transaction entered into by a minor.

Website Information

We intend for the information on the Website to only serve as a general overview on matters of interest. The information on the Website is not intended to be comprehensive, nor does it constitute professional advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

Images, photos and videos on this website are for illustrative purposes only and may vary from goods depicted or described.

International visitors to this website should not rely on information contained in this website, including without limitation specifications or pricing. International orders are unable to be accepted

Website Content

Arova may, at any time without prior notice to you, add or remove content from this website, discontinue this website in whole or part. Arova will not be responsible for any loss, cost, damage or liability that may result from our discontinuance of this website.

Arova uses its best endeavours to confirm the accuracy of any information published on this website. However, Arova does not guarantee the currency and accuracy and you agree that Arova cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Arova or by manufacturers or suppliers changing product specifications without notice Arova. You agree to make your own enquiries and see advice before acting or relying on any of the information on the website.

The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

Arova nor any third party content providers will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Arova liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

Arova may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which 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. Arova does not accept any responsibility in connection with your participation in activities conducted by any other party.

Your Use of the Website

You agree to use this website only for purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.

You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

You represent that you are at least the age of 18 and you have given us your consent to allow any of your minor dependents to use this site.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Arova may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.

Arova may in its sole discretion restrict your access to this website. If Arova does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Arova will not be liable to you or any third party for doing so.

The use of the website is subject to interruption or breakdown, access to this website is offered on an "as is" and "as available" basis only.

Arova may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Arova may withdraw this website, or change or remove website functionality at any time without notice to you.

You are prohibited to, but not limited to the following conduct:

1. use the Website for any activities, sales or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
2. use the Website to post or transmit any material which interferes with other users or defames, harasses, abuse, threatens, menaces, offends, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or restricts any person or which inhibits any user from using the Website or the Internet;
3. use the Website to send unsolicited email messages;
4. in any way tamper with, hinder or modify the Website or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
5. knowingly transmit any viruses, malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
6. to collect or track the personal information of others;
7. to spam, phish, pharm, pretext, spider, crawl, or scrape;
8. to submit false or misleading information;
9. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

Arova reserves the right to terminate your use of the website or service or any related website for breaching or violating any of the prohibited uses.

Intellectual Property

The “Arova” logos are registered trade mark of Ozjay Pty Ltd.

The material on the Website, including the software, graphics, logos, trademarks, distinctive brand features, design, text, icons, images and the arrangement of them, sound recordings and all software relating to this website, are owned by Arova, or income cases, , a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks, logos, graphics, texts, images whether registered or unregistered, that are displayed on the Website without the express written permission of the Arova or the relevant copyright owner.

Nothing contained on 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. Arova makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and related legislations, 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 the prior written consent of Arova or, in the case of third party material, from the owner of the copyright in that material.

You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Term of Use, use of the Service, or access to the website or any contact on the website through which the service is provided, without express written permission by us.

Collection and use your personal information

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Cookies and analytic tools may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Arova. Arova may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Accuracies, Completeness and Timeliness of Information

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Arova reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

User Comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

1. to maintain any comments in confidence;
2. to pay compensation for any comments; or
3. to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that Arova provides access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Links to other websites

This website may contain links to other websites, content or resources, which are owned or operated by third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Arova does not own or control the linked third party websites and are therefore not responsible for examining or evaluating the content or accuracy.  And we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Arova provides these links to you for convenience only and the inclusion of any link does not imply Arova’s endorsement of the linked website. You access linked websites at your own risk.

Subject to any non-excludable rights, Arova disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites.

Arova is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites

You should carefully review the terms of use and privacy policies of all other party’s websites that you visit and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Arova reserves the right to prevent third parties from linking to this website.

Disclaimers

Arova 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.

Arova does not 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, Arova disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. To the extent permitted by law, Arova excludes all liability of any of them 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, Arova limits our liability to the re-supply of the relevant information or services.

You agree to indemnify Arova, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors and any other persons involved in the creation of this website from any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or relating to your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Miscellaneous

These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice.

Any new features or tools which are added to the current website shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of this website following such amendment of these Terms 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” includes 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).

 

Terms of Sale

 User Agreement

Your purchase of goods from www.arova.com.au (“website”) is subject to these Terms of Sale (“Terms”) and associated policies, including, Website Terms of Use, Privacy Policy, Warranty Policy, Returns, Refunds & Exchanges. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

By accessing and/or using Arova website, you acknowledge that you accept these terms and associated policies and agree to be bound by them and an agreement is formed between Arova and you.

You and Arova may enter into a sale contract for the sale and supply of products, by you making an offer to Arova via the website, to purchase goods at the specified price, subject to these Terms.

Arova reserves the right to amend the terms and conditions at any time without prior notice and your continued use of Arova website following such as amendment of these terms and conditions will represent an agreement by you to be bound by the terms and conditions as amended. Arova recommends you review the terms and conditions for amendments each time you use Arova website and before placing any order.

In these Terms and Conditions:

1. “seller” means OZJAY PTY LTD traded as Arova.
2. “you”, “user”, “member” and “guest” means anyone who visits and/or uses this website.
3. A reference to a “third party” in this terms and conditions includes a reference to an agent or contractor and any person engaged by Arova, in the creation, provision or maintenance of Arova website or in the fulfillment of orders made through the website.
4. “orders” means an offer made by you in response to an invitation to treat made by Arova via the website.

Prices

Prices quoted are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change without notice.

Each advertised saving in respect of a product is by reference to the lower of the recommended retail price or the normal ticketed price of Arova.

Unless otherwise stated, any accessories shown in any image of products or any part or content thereof are not included in the price.

Arova reserves the right to modify, withdraw the prices displayed on the website from time to time without prior notice to you.

Arova reserves the right to correct any errors in price published on the website.

Arova shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Products & Services

Arova reserves the right to modify or discontinue the service (or any part or content thereof) from time to time without prior notice to you.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Arova has made every effort to display as accurately as possible the colours and images of our products that appear at the website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

Arova reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Arova. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Arova does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the website will be corrected.

Orders

 

Unless otherwise agree with an authorised representative of Arova, the purchase orders must be submitted via the website (not via email or telephone). If orders are placed by a method other than the website, you will be sent the summary of the purchase order to the email you advise. You will be responsible for any inaccuracies or errors in the order. Therefore, we recommend you carefully review the communications and preview any proposed orders before proceeding with your order.

Representations of products for sale made by Arova via the website do not constitute an offer to sell but an invitation to treat, to which you may respond with an offer to purchase.

You and Arova may enter into a contract for sale and supply of products by you making an offer via Arova website to purchase at the price advertised on the website by:

1. Placing an electronic order for the products using the website;
2. You confirming the order details in accordance with the procedure on the Arova website;
3. You making a payment in full on the website plus any applicable delivery and handing charges quoted & invoiced; and
4. The acceptance of that offer by Arova

Arova reserves the right to accept or refuse any order you place with us for any reason (or no reason). We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, Arova may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Arova cannot supply a particular product, Arova will notify you by telephone or email as soon as practicable.

Arova is deemed to have accepted your order when your order is delivered to your specified delivery address.

Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

Billing & Payment

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

All payment must be made in full prior to delivery.

Arova accepts Bank Transfer, AfterPay, Credit Card payments and PayPal secure payment gateway. For a bank transfer, please allow up to 3 business days for the funds to clear.

You must follow payment instructions on the checkout page. Arova is not liable for any unidentifiable payments and consequential delay in delivery.

Payments made via the PayPal secure payment gateway facilities accessible via the website will be subject to any terms and conditions of PayPal.

Online credit card payments are handled by Shopify. Arova does not store your credit card or banking details. Please check Shopify website for details of their privacy policies and security measures.

To the extent permitted by law, Arova will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

Supply and Delivery

Some products may not be available for immediate delivery.

Unless otherwise stated in the product information on the website, Arova only typically process orders on weekdays (Monday to Friday excluding public holidays in Victoria) and typically ship your order by the next business day following your order being finalised. Arova reserves the right to hold the shipping of your order if we wish to seek further information from or verify information with you.

Arova will endeavour to dispatch your order in 1 business day (business days in VIC), except if the order is for a pre-ordered item. However, Arova does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

For more details, please refer to our Shipping Policy.

Returns & Refunds

Arova accepts returns within 30 days of supply.

For more detail, please review our Returns, Exchanges and Returns Policy.

 

Indemnification

You agree to indemnify, defend and hold harmless Arova Kitchens & Bathrooms and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Laws and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, 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 Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Arova makes no representations that the content of this website complies with the laws of any country outside Australia.

Change to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms and conditions should be sent to us at info@arova.com.au.