Grillo – terms and conditions of sale – consumer

The following important terms and conditions apply to this contract.  Please read them carefully before you order.

If anything is not clear please do contact us and we are happy to provide further information including a written response to any queries.

Note: these terms apply to contracts made with Consumers – ie private individuals not dealers and businesses who are re-selling (as defined in Australian Consumer Law). For dealer or business sales please ask for a different contract.

1. Definitions
In this contract:

• • ‘Goods’ includes goods supplied and/or supplied and installed.
  • ‘Grillo’, ‘We’, ‘us’ or ‘our’ means GRILLO LIVING AU PTY LTD, and
  • ‘Customer’, ‘You’ or ‘your’ means the person buying Goods from us.
  • ‘Delivery Area’ – this is the area referred to on the Delivery and Installations page on the website relating to the delivery and installation cost quoted. Additional charges apply outside of this area.
  • ‘Order Confirmation’ is the email or letter or proforma invoice sent to you confirming our acceptance of the order and the Proposal the order is based on together with any additional information you may need.
  • ‘Proposal’ is the Proposal provided on our website or sent to you by us giving details of the proposed Goods we will supply. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation or a copy will be provided.

2. Who are we?

• • Grillo Living AU Pty Ltd is a company registered in Australia with ACN number 664 006 731.
  • Registered office is at 176 Paramount Boulevard, Derrimut, Victoria 3026, Australia
  • e-mail: au.info@grilloliving.com or telephone 1300 95 75 85
  • We are normally open Monday to Friday only.
  • “Grillo” is a trading name of “Grillo Living AU Pty Ltd”
  • Our ABN number is: 37 664 006 731
  • Our website is at: www.grilloliving.com.au

3. Introduction

3.1 If you buy Goods from us you agree to be legally bound by this contract and these terms.

3.2 When buying any Goods you also agree to be legally bound by:

3.2.1 Details and specific terms which apply to your order that are set out in the Proposal

3.2.2 Other details that have been agreed and are confirmed in writing in the Order Confirmation.

3.2.3 Requirements for safety including those in the Safety Instructions

3.2.4 Our Privacy Policy at www.grilloliving.com.au/privacy-policy/

3.2.5 These documents form part of this contract as though set out in full here.

4. Information we give you

4.1 We will give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, details of our warranty contact information in clause 12

4.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

4.3 Once the contract is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail.

4. Your privacy and personal information

5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information.

5.2 Our Privacy Policy is available at https://www.grilloliving.com.au/privacy-policy/

6. Ordering Goods from us

Below, we have set out for your information how a legally binding contract between you and us is made:

6.1 The Proposal or any other information or quotation given to you by us or provided online before you make an order for Goods is not a binding offer by us to supply such Goods.

6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us.

6.3 When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation which includes these details.

6.4 The contract is binding once the Order Confirmation is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you.

7. Delivery and Installation

7.1 The time(s) and date(s) for delivery, and for installation where applicable, will be selected online prior to your order or arranged with you by phone within the period shown on the Proposal and Order Confirmation.

7.2 If you have any questions please contact us using the details shown above.

7.3 If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email.

7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as installation has been satisfactorily finished.

7.5 If you require a mains gas, electrical, or water/waste water connection these are not included unless specifically stated within the Proposal and Order Confirmation and You will need to arrange these separately with suitably qualified and certified persons.

7.6 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you.

7.7 If you request that Grillo ships the Goods to an address outside of the Delivery Area you agree to be responsible for the extra costs involved.

7.8 We reserve the right to refuse any export orders or delivery to remote locations. If accepted extra charges such as shipping, export paperwork, duty and taxes etc. would be payable and cancellation and return rights may not apply.

8. Payment and Price

8.1 We accept payment by bank transfer Visa or MasterCard credit cards and debit cards, and cash up to a certain monetary limit only (please enquire).

8.2 Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing:

8.2.1 For website orders of in-stock products payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise.

8.2.2 For orders placed by phone and/or email or for bespoke products other payment terms may apply.

8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details:

8.3.1 The total price which includes GST at the applicable rate.

8.3.2 All charges for delivery at the address shown, subject to clause 8.3.4

8.3.3 Charges for installation if Grillo are providing this service.

8.3.4 (Note: unless otherwise stated prices quoted for delivery and installation assume the address is in the Delivery Area shown at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.)

If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

9. (not used)

10. Nature of the Goods

10.1 Australian Consumer Law gives you certain legal rights (also known as ‘Consumer Guarantees’) which we must comply with. We will ensure that the Goods supplied:

10.1.1 are of satisfactory quality

10.1.2 are fit for purpose

10.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and

10.1.4 are installed properly (if we are installing the Goods)

10.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use.

10.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy.

11. Additional Customer requirements

Please read the following carefully and contact us if any questions.

As part of this contract the customer undertakes to:

11.1 carefully read and follow all safety and other instructions supplied by Grillo, and the manufacturers of other Goods supplied, including guidance for the safe use and storage of gas bottles and appliances such as https://esv.vic.gov.au/safety-education/gas-safety-outdoors/using-lpg-safely/

11.2 ensure that barbecues, firepits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that all food is properly cooked.

11.3 take precautions in event of extreme weather conditions to ensure the installation is suitably protected or anchored and separate accessories removed

11.4 ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include landlords, local council planning or building regulations, environmental, health and fire authorities, etc.) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed professional advice should be sought.

11.5 ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, oil tank, insulation, anything that could get hot or catch fire including materials that may be hidden.

11.6 ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable.

11.7 ensure (if there has not been a site visit by Grillo to measure up) that all information measurements and requirements given to Grillo are correct and accurate

11.8 provide Grillo and whoever is installing the kitchen with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards.

11.9 be available at the agreed time to accept handover of the installed kitchen or delivery

11.10 ensure that payment is received by Grillo on time and in accordance with the agreed arrangements

11.11 ensure, where the customer is not the end-user, that all safety instructions are passed on to the end-user of the Goods.

12.Warranty etc.

12.1 Grillo undertake to provide the following warranty against defective materials and workmanship:

12.1.1 Kitchen structure and structural materials — 10 years from invoice date.

12.1.2 Barbecues, appliances, sinks/taps and other accessories – manufacturers’ warranty applies.

The warranty is only valid where the product has not been modified, relocated or changed in any way.

We undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and aging. Corrosion and related damage is excluded where kitchens are installed in coastal areas.

If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 1300 75 95 85 or email au.info@grilloliving.com or using the address details in clause (2) and we will promptly attend to any query or concern you may have.

12.2 Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time.

12.3 Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or 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 does not amount to a major failure.

12.4 We would like you to register your Grillo Outdoor Kitchen on our online Kitchen Register at https://grilloliving.com.au/register-warranty/ as this makes it very easy for us to find the required proof of purchase should you ever need to contact us under this warranty.

13. Limit on our responsibility to you

13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

13.1.1 losses that were not foreseeable to you and us when the contract was formed

13.1.2 losses that were not caused by any breach on our part

13.1.3 business losses

13.1.4 losses to non-consumers

13.1.5 delays caused by circumstances outside of our control including pandemics and external factors.

13.2 Australian law & jurisdiction applies.

14 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

© Grillo Living AU Pty Ltd. Issue GCTA1222