Terms and Conditions
This Agreement is a contract between You ("Customer") and Attil ABN 81 433 425 972 ("Attil"). It sets out the terms and conditions under which you may purchase products online from Attil. Please read the following terms and conditions carefully before placing your order on Attil. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Attil. Attil may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Attil, the customer herein agrees to be bound to the terms and conditions listed on Attil.
1. Placing Order / Pricing
Any Quotation made by Attil is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Attil within seven (7) days of receipt by Attil of the customer's offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. Attil reserves the right not to sell below its cost. E & OE.
All orders placed are subject to confirmation and acceptance by Attil, this includes the pre-paid orders, e.g., direct deposit etc.
Attil may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. Attil is not responsible for pricing, typographical, or other errors, in any offer by Attil and reserves the right to cancel any orders resulting from such errors.
If Attil requests payment for increased prices, you may cancel the order by giving notice to Attil, which must be received within seven days of the announcement of the increase.
All prices quoted on the website are inclusive GST, but NOT including delivery. Price may vary depending upon location due to freight costs and other logistical requirements.
Attil reserves the rights to adjust freight cost at any time.
1.1. Layby Payment Terms and Conditions
Layby orders will only be accepted for orders valued above $100.
Attil reserves the rights to refuse any Layby orders. Please enquire with Attil for further information.
The Customer is deemed to have agreed to the following terms.
A minimum deposit of 20% of the total order amount is required at the time the layby order is placed.
Upon payment of the initial deposit, the Customers are deemed to have agreed and accepted to Attil Layby Statement as well as Terms and Conditions. Customers are not allowed to change the product(s) of the Layby purchase once the Layby contract has commenced.
It is the Customers' responsibility to notify Attil of any change in their personal details (for example, address, email address, contact number etc).
It is the Customers' responsibility to ensure Attil's emails are not filtered from Customers' e-mail inbox.
Orders will be delivered to Customers when the final payment is made and all payments have cleared into Attil's bank account.
If Customers are having trouble making their layby payments on time, Customers should contact Attil as soon as possible to discuss the options. If Customers fail to make payments, Customers are in breach of the contract and Attil reserves the right to cancel the Customer's layby.
- LayBy Cancellation:
If Customers change their mind or are late in making the specified payments, Customers are in breach of the Layby Terms and Conditions.
Attil reserves the right to cancel a layby when:
- the good(s) are no longer available
- Customer has broken the terms and conditions of the layby and has not rectified the breach within 14 days of notice
- Customer's layby order is in suspension for an extended period of time (i.e., 3 months from the date of first Payment Reminder email/letter issued) and without being rectified by Customer, the order may be cancelled at Attil's discretion and all payments previously collected will be forfeited without refund.
- Layby Cancellation Fee:
Customers are required to pay a Layby Cancellation fee of 20% of total order amount.
Customers are required to pay a Layby Cancellation fee when:
- Customers cancel the layby transaction
- Customer has broken the terms and conditions of the layby and has not rectified the breach within 14 days of notice and thus result in the cancellation of the layby.
The refund will be made to the bank account of the Customers. However, if a Customer's layby order is in suspension for an extended period of time (i.e., 3 months from the date of first Payment Reminder email/letter issued) and without being rectified by Customer, the order may be cancelled at Attil's discretion and all payments previously collected will be forfeited without refund.
Attil reserves the rights to change the Terms and Conditions of the Layby contract under the terms as agreed with the Customers. All agreed Terms and Conditions will be communicated in the form of writing by either email or letter. Any other forms of agreement are not legally binding.
2. Delivery
Attil does not ship to a Post Office (PO) Box.
Attil in its sole and absolute discretion may arrange physical delivery of products to the Customer at the Customer's business address, such delivery being at the cost of the Customer. The Customer shall be deemed to assume and shall be liable for loss or damage to products from the time they are placed on to the vehicle to transport them from Attil's premises.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the Customers if the delivery address is unattended at the time of delivery.
3. Delivery time
Any date Quoted for delivery is an estimate only, and unless a guarantee has been given by Attil in writing providing for liquidated damages for failure to deliver by the Quoted date, Attil shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for products, not withstanding any failure by Attil to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Attil in writing. The latter case will attract a minimum of $15 OR 20% restocking fee - whichever is greater.
4. Returns / Exchange/ Cancellations
All goods to be returned, faulty or not, will require a Return Authorisation Number before they can be returned. To obtain a Return Authorisation Number, please contact Attil.
Note: Attil follows the returns policy of its suppliers. As such, we advise all our Customers to check with Attil on the returns policy of the products before any purchase.
There will be no credit given on ordered price difference, due to price drops.
Returns for refund will only be accepted within 7 days of Customers receiving the goods. Due to the costs involved with processing returns and cancellations, a minimum of $15 OR 20% restocking/cancellation fee (whichever is greater) of the purchase price will apply for any change of mind returns/cancellations.
All products returned MUST be 100% complete and contain ALL original manufacturer boxes and packing materials, accessories and any other documentation included with the original shipment. All products returned for credit must be in pristine, unopened condition with all seals intact. Opened, damaged or soiled product will not be accepted. Shipping and handling cost are not refundable.
Any incorrect, missing or damaged items received must be reported to Attil within 24 hours of Customer receiving the delivery. This can only be done currently by email.
If item(s) received is not what was ordered, please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be acceptance by the Customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Attil owns the title of any extra goods shipped with your order that have been despatched in error.
If requested by Attil, the Customer may be required to provide information in that Attil can easily assist the Customer with any credit or cancellation. This information may include member's names, address, home and work contact number and any other relevant information required by Attil. Failure to provide sufficient information may delay the credit or cancellation, Attil is not to be held responsible for any delays according to clause provided by Attil.
Any attempt to cancel an order must be made as soon as possible. It is not possible to cancel an order once order has already been shipped.
Attil recommends that products returned by post be sent by registered or certified mail. Attil accepts no responsibility for loss or damage occurring in transit.
Returns and cancellations may be communicated via email only.
For more details on our return policy, please refer to:
- Return of DEFECTIVE Goods
- Return of NON-DEFECTIVE Goods
- Discontinued Products
- Special Conditions
5. Payment
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Attil without deduction or demand, within the approved term as advised by Attil, or in the absence of a term approved by Attil, within (7) days from the order date.
Payment for products ordered through Attil can be made via Visa, MasterCard, or direct deposit payments. We only accept Australia issued credit cards. Orders placed using Non-Australia issue credit cards will be cancelled automatically.
6. Default in Payment
If the Customer defaults in payment to Attil, then:
a/ the Customer shall pay to Attil, on demand, interest on any overdue money during the period of default at the rate for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983, and
b/ all moneys owing by the company to Attil shall become due and payable forthwith without demand, and
c/ Attil may at its sole and absolute discretion suspend the provision of credit to the Customer until all amounts owing by the Customer are paid in full.
7. Liability
a/ Attil shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ Attil expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
8. Retention of Title
8.1 The title to the Products will pass to the Customer when payment in full for the Products has been received by Attil. Until the Customer has paid to Attil the full purchase price:
a/ Customer shall hold the Products as bailee for Attil.
b/ the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
c/ the Customer shall indemnify Attil against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Attil, or repossession or attempted repossession by Attil.
d/ any sale of the Products shall be effected as bailee for Attil, and the proceeds of such sale shall be held on trust for Attil. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
e/ the Customer shall permit Attil to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
f/ reserve right of entry to inspect or recover goods owned by Attil, wherever they are located.
8.2 In the event that:
a/ the Products are not paid for in full in accordance with these terms and conditions of sale, or any other agreement between Attil and the Customer; or
b/ the Customer commits any breach of the terms and conditions of sale or any other agreement between Attil and the Customer; or
c/ the Customer receives notice of or reasonably believes that a third person may attempt to levy execution against the products; or
d/ the Customer makes or proposes to make an arrangement with its creditors or is placed under official management, or a petition is presented, or an application filed for the winding up of the Customer, or the Customer ceased to trade, or the Customer (being a natural person) commits an act of bankruptcy.
Attil may, at any time, without notice to the Customer, and without prejudice to any other right which it may have against the Customer, terminate the contract and the bailment referred to above, and enter upon any premises owned or occupied by the Customer where Attil reasonably believes the Products may be stored, and repossess the Products without being liable for any damage caused, and subsequently dispose of the Products at its discretion. In this event, if monies are recovered in full, the Customer ceases to be liable to Attil for payment for the Products.
9. Disclaimer
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.
Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact Attil Team.
10. Obligations of the Customer
As member of Attil, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Attil will not be held responsible in any manner.
On the first purchase the Customer places with Attil, the Customer might be required to provide additional identification to Attil to help eliminate Internet credit card fraud and to provide additional security.
Attil reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arises from the Customer, they shall report it to Attil immediately.
The Customer will ensure that credit card details are their sole responsibility to safe guard.
11. Username and Password
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name and password are used by an unauthorised person. You agree to release and indemnify Attil in relation to any liability arising out of the unauthorised use of your user name and/or password.
12. Privacy
For details on the Attil Privacy Statement, please refer to the Privacy Statement.
13. Provision of Credit
The provision of credit and/or the continued provision of credit by Attil to the Customer from time to time, shall be in the absolute discretion of Attil.
a/ Attil may at its absolute discretion extend credit to the Customer; or
b/ extend and/or continue to extend credit to the Customer subject to the provision of security in a from acceptable to Attil; or
c/ may at any time vary or cancel the credit facility available to the Customer Credit account must have Attil Guarantee in place.
14. Differences and Complaints
Subject to the provisions of clause 7, Attil shall not be liable in respect of any difference or complaint arising out of the terms and conditions of sale unless the Customer advises Attil in writing of the difference or complaints not later than fourteen (14) days after the date of the occurrence of the events or circumstances on which the difference of complaint is based.
15. Waiver
The failure or neglect by Attil to enforce or waiver the provisions hereof, shall not be constituted nor shall be deemed to be a waiver of Attil's rights hereunder, nor in any way effect the validity of the whole or any part of the terms and conditions of sale, nor prejudice Attil's right to take subsequent action.
16. Sever Ability
In the event that any part of these terms and conditions shall be deemed invalid, unlawful or un-enforceable to any extent, such terms or conditions shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
17. Governing Law
Attil and the Customer agree that the terms and conditions of sale shall be governed by the laws of the State of Victoria, Australia.
