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Terms & Conditions

WE ARE ONN 

These terms and conditions govern the sale of goods by WE ARE ONN Pty Ltd from www.weareonn.com and WE ARE ONN sales agents.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and WE ARE ONN Pty Ltd (ACN [Insert ACN]) (“ONN”) and apply to the ordering, purchase, fulfilment, and delivery of goods (“Goods”) from www.weareonn.com and ONN sales agents. By placing an order for Goods from ONN, you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. They contain important information about the ordering, processing, fulfilment, and delivery of Goods.

1. Definitions

In these Terms and Conditions:

  • “Account” means a personal account created by you on the ONN Website;

  • “Additional Delivery Charge” has the meaning given in Section 4.4;

  • “Delivery Charge” has the meaning given in Section 4.3;

  • “Delivery Options” means the delivery options available for an Order listed on the Website, as updated from time to time. The delivery options available for an Order may vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery, or same-day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

  • “ONN Website” means www.weareonn.com;

  • “Order” means an order for Goods, placed on the ONN Website;

  • “Parcel Delivery” means a Delivery Option where the Order is delivered to you by our nominated courier;

  • “Password” means the password needed to access your Account;

  • “Pre-Orders” means an Order placed for a product (e.g., limited-release drinks or merchandise) prior to its production or availability;

  • “Selected Delivery Option” has the meaning given in Section 10.1; and

  • “Website” means www.weareonn.com.

2. Your Legal Rights Under the Consumer Guarantees Provided by the Australian Consumer Law

2.1. Nothing in these Terms and Conditions shall be read or applied to exclude, restrict, or modify, or have the effect of excluding, restricting, or modifying, any condition, warranty, guarantee, right, remedy, or other obligation implied by the Australian Consumer Law which cannot by law be excluded, restricted, or modified.

2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law. You may recover damages from WE ARE ONN Pty Ltd for any reasonably foreseeable loss or damage you suffer because of a failure of a service or goods to comply with these guarantees, including:

(a) If the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If the failure to comply with these guarantees for goods does not amount to a major failure, you are entitled to request ONN to remedy the failure within a reasonable time. If ONN fails to do so (by repairing the goods, replacing the goods, or providing you with a refund):
(i) You may recover all reasonable costs you incur in having the failure remedied;
(ii) You may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from ONN.

(b) If the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and ONN for the supply of the service or recover compensation from ONN for any reduction in the value of the service below the price paid or payable by you. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request ONN to remedy the failure within a reasonable time. If ONN fails to remedy the issue, you may recover all reasonable costs you incur in having the failure remedied or terminate your agreement with ONN for the provision of the service.

3. Information About ONN’s Liability to You

3.1. Except to the extent caused by ONN’s negligence or breach of these Terms and Conditions, or as otherwise required by law, ONN shall not be liable to you for any loss to the extent it is caused by:

(i) Your Account information being incomplete or inaccurate;
(ii) Any unauthorised use of your Password or Account which occurs before you notify ONN;
(iii) The Order information you submit being incomplete or inaccurate;
(iv) Being unable to change or cancel your Order once it has been accepted by ONN;
(v) Your Order not being received, being lost, misdirected, or delayed as a result of issues with the Website beyond ONN’s reasonable control;
(vi) Cancellation of your Order by you or someone else using your Account;
(vii) Delay in the delivery of Goods to you or the availability of Goods for pick-up beyond ONN’s reasonable control;
(viii) Any delay in you receiving a refund due to circumstances beyond ONN’s reasonable control;
(ix) Any late, lost, or misdirected deliveries of Goods beyond ONN’s reasonable control;
(x) ONN leaving Goods in accordance with any “authority to leave” provided by you;
(xi) Any breach of these Terms and Conditions by you; or
(xii) Any other loss resulting from circumstances outside ONN’s reasonable control and within your reasonable control.

4. Pricing & Taxes

4.1. Prices for Goods are as shown on the Website. All prices exclude GST unless otherwise stated and will be added to the displayed price at checkout.

4.2. ONN reserves the right to change the prices of Goods at any time without notice. The price displayed at the time you place your Order will continue to apply even if the price changes before your Order is accepted.

4.3. In addition to the price of the Goods, you will also need to pay any listed delivery charge (“Delivery Charge”) for your Selected Delivery Option. Any applicable Delivery Charge will appear in your shopping cart.

4.4. If additional delivery charges (“Additional Delivery Charges”) are required because you live in an area where light aircraft, barge transport, or a special courier service is necessary (e.g., Christmas Island, Norfolk Island, Roma, Nhulunbuy), ONN will contact you before accepting your Order to provide a quote for the Additional Delivery Charge. If you do not agree to the Additional Delivery Charge within the specified timeframe, ONN will cancel your Order without taking payment.

4.5. If ONN agrees to deliver Goods outside Australia, international delivery charges (“International Delivery Charges”) will apply. These charges, applicable to your country, will appear in your shopping cart.

4.6. By placing an Order, you agree to pay the price of the Goods, any Delivery Charge, any Additional Delivery Charge, and any International Delivery Charge.

4.7. All prices, Delivery Charges, Additional Delivery Charges, and International Delivery Charges quoted are in Australian dollars and inclusive of GST unless stated otherwise.

5. Your Account for Orders Placed on the WE ARE ONN Website

5.1 If you do not already have an Account, you will need to create one before placing an Order on the WE ARE ONN Website, unless you utilise the “Guest Checkout” feature. Creating an Account may provide access to additional features, including order history, order tracking, and marketing communications.

5.2 When creating an Account, you agree to subscribe to ONN’s marketing communications. You may unsubscribe at any time by clicking the “unsubscribe” link in the relevant email or communication.

5.3 You are not permitted to create an Account on behalf of someone else.

5.4 Ensure that all information provided during Account creation is accurate and complete. You warrant to ONN that the details you submit are true and correct.

5.5 Notify ONN immediately if you suspect or become aware of any unauthorised use of your Account or Password.

5.6 ONN reserves the right to suspend or terminate your Account at its discretion if it reasonably believes such action is necessary to protect you or ONN from fraudulent, unlawful, or unauthorised use.

6. Orders

6.1 Orders can be placed by following the instructions on the Website.

6.2 By submitting an Order, you make an offer to purchase the selected Goods at the listed price, including any applicable Delivery Charge, Additional Delivery Charge, or International Delivery Charge. ONN reserves the right to accept or reject your offer. ONN may reject Orders at its discretion, including for commercial quantities of Goods. For bulk orders, contact info@weareonn.com.au.

6.3 Each accepted Order constitutes a separate binding agreement between you and ONN for the supply of the specified Goods in accordance with these Terms and Conditions.

6.4 If you are ordering on behalf of someone else, ensure you have their consent to provide their personal information. By placing the Order, you confirm you have obtained this consent.

6.5 You warrant that all information provided when placing an Order is complete, accurate, and true.

6.6 Double-check your Order details, including the Selected Delivery Option, before submitting. Once accepted, changes or cancellations may not be possible. ONN will attempt to accommodate requests to modify or cancel Orders but cannot guarantee this if the Order has already been shipped.

6.7 Separate Orders are treated independently; each will incur a separate Delivery Charge and any applicable Additional or International Delivery Charge. ONN cannot consolidate multiple Orders into one delivery.

6.8 For multi-item Orders, ONN will aim to dispatch all Goods together, but separate shipments may occur due to different item types, availability, or dispatch locations. Delivery Charges are calculated based on factors like weight, dimensions, packaging, and the number of delivery shipments.

6.9 The Website may occasionally face technical issues beyond ONN’s control, causing Order delays, loss, or misdirection. ONN is not liable for such occurrences but will assist to resolve any issues.

6.10 Use appropriate precautions, such as antivirus software, when accessing the Website to avoid exposure to viruses, malicious code, or other potential threats to your computer system.

7. After You Have Submitted an Order/Payment

7.1 When you submit an Order, you will receive an Order confirmation and reference number via email.

7.2 ONN will process payment for your Order at the time you place the Order or shortly thereafter. Acceptance of your Order by ONN occurs when payment is successfully processed. ONN reserves the right to cancel your Order after acceptance as permitted under these Terms and Conditions. If ONN cancels your Order after payment, a refund will be issued in accordance with Section 14.1.

7.3 Payment of 100% of the total cost of your Order is payable at the time of placement through the payment portal on the Website. Your Order will only be accepted and processed once this payment has been received.  If payment cannot be processed, the Order will be rejected, and you will be notified by email.

7.4 When ONN accepts your Order, it agrees to supply the Goods to you in line with your Order, provided full payment is received and subject to these Terms and Conditions.

7.5 Payments can only be made via credit card or other approved prepaid payment methods.

7.6 Payment for Goods must not be made through fraudulent or unlawful means. If the name on the payment card or account differs from the name on the Order, ONN reserves the right to request additional information (e.g., proof of identity) or refuse the Order to prevent fraud. By submitting payment, you authorise ONN to deduct the price of the Goods and applicable delivery charges from the specified payment method.

7.7 ONN may update or change accepted payment methods at its discretion.

7.8 ONN may decline to accept payment for reasons including:

(a) Detection of irregularities by fraud systems;
(b) Payment declined by your financial institution;
(c) Expired payment card;
(d) Technical issues affecting payment processing;
(e) Any other reasonable grounds to protect you or ONN from fraud or loss.

In such cases, ONN may cancel the Order, request alternative payment methods, or ask for additional verification.

7.9 ONN may pre-authorise your card for the full Order value when you submit an Order. If the Order is cancelled, any pre-authorisation may appear as a pending transaction for up to 7–30 days, depending on your financial institution, before the funds are released.

7.10 Goods will only be dispatched once all outstanding payments are cleared. If payment is not received within seven (7) days of notification, the Order will be cancelled, Goods retained, and a refund issued minus any incurred third-party fees, such as shipping costs.

8. Cancellation of Orders

8.1 ONN reserves the right to cancel an Order at any time before delivery if:

(a) ONN cannot obtain sufficient stock to fulfil the Order within a reasonable time;
(b) An unforeseen event, such as natural disasters, strikes, or technical issues, prevents timely delivery;
(c) Errors in product description, price, or other details on the Website are identified;
(d) You request cancellation under Section 6.6; or
(e) Circumstances outlined in Sections 4.4 or 7.8 apply.

8.2 You may cancel your Order if:

(a) ONN breaches a material term of this Agreement; or
(b) ONN is unable to deliver the Order within a reasonable timeframe, except for delays caused by your actions (e.g., incorrect delivery address or failure to make payment).

8.3 If ONN cancels your Order after acceptance, it will notify you via email.

8.4 If an Order is cancelled by ONN or you after payment, ONN will refund any payments made, minus any third-party fees incurred (e.g., shipping costs), as outlined in Section 15 of these Terms and Conditions.

9. Availability of Goods

9.1 ONN is dependent on its suppliers to provide stock and cannot guarantee the availability of Goods at all times. You acknowledge that certain Goods may occasionally be out of stock or unavailable. ONN reserves the right to withdraw or suspend the sale of any Goods displayed on the Website, either temporarily or permanently, at any time without prior notice. If ONN cannot fulfill your Order due to stock unavailability, you will be notified promptly, and any payments made will be refunded per Section 15.

10. Delivery

10.1 When placing an Order for delivery, you must select one of the available delivery options (“Selected Delivery Option”). The Selected Delivery Option will include an estimated delivery time. While ONN will make reasonable efforts to deliver the Goods by the estimated time, these delivery times are approximate and not guaranteed. If specific Goods in your Order are out of stock, separate estimated delivery times may apply.

10.2 Risk and title to the Goods pass to you at the time and date of delivery to the address provided in your Order.

10.3 ONN generally delivers to addresses within Australia, New Zealand, Europe, the United Kingdom, the United States, and Canada. Certain locations in these regions may be excluded, and Orders for such locations cannot be processed.

10.4 Once your Goods are dispatched, ONN will send a dispatch confirmation email and an invoice for your Order.

Parcel Delivery

10.5 Where possible, ONN will deliver to PO Boxes or Postal Lockers, subject to the size of the Goods. If delivery to a PO Box or Postal Locker is not feasible and you provided such an address, ONN will contact you to arrange an alternative delivery address.

10.6 Upon delivery, you may be required to sign a proof of delivery document. If you are unavailable at the time of delivery, ONN may:

(a) Redirect your Goods to the delivery service provider’s local depot or alternate collection point;
(b) Seek your consent for "authority to leave," allowing the Goods to be left at a designated safe location; or
(c) Arrange for re-delivery of the Goods at a later time.

Details of the alternate delivery point, depot, or instructions for re-delivery will be provided via text message or a calling card. If Goods are not collected within the specified timeframe, they may be returned to the local depot for later collection.

If you grant "authority to leave," delivery will be deemed complete, and risk and title pass to you at that point. ONN will not be liable for loss, theft, or damage to the Goods after delivery.

10.7 If you request a redirection of Goods to a different address after dispatch, ONN will make reasonable efforts to accommodate your request. Additional fees may apply for this service.

11. Delay in Availability or Delivery of Goods

You agree and acknowledge that:

(a) We Are ONN Pty Ltd does not guarantee the dispatch, delivery, or availability of Goods within the timeframes set out in Section 10 above, estimated delivery times listed for your selected Delivery Options, or any other timeframes provided by We Are ONN Pty Ltd or its staff;

(b) Stock availability and events outside We Are ONN Pty Ltd’s control (including adverse weather conditions, traffic disruptions, and governmental actions) may cause delays or, in some instances, prevent your Goods from being delivered;

(c) Delays are more likely to occur during busy sale periods, such as Black Friday, Christmas, Easter, and public holidays.

12. Refunds of Your Money

If We Are ONN Pty Ltd is required to refund your payment under these Terms and Conditions:

(a) Refund Processing: The Company will aim to initiate the refund to your original payment method(s) within 2 business days (Monday–Friday, 9:00 AM–5:00 PM Sydney time).

(b) Processing Time: The additional time for you to receive the refund depends on how quickly your financial institution or payment provider processes it.

(c) Exclusions: Refunds will not include any third-party costs incurred by We Are ONN Pty Ltd, such as shipping fees.

13. Returns / Faulty or Damaged Goods

13.1 Check Goods Upon Delivery
Inspect your Goods immediately upon receipt to ensure they match your Order and are not damaged or faulty. If there are issues, contact We Are ONN Pty Ltd promptly.

13.2 Change of Mind Returns
(a) If returning unused and unopened Goods due to a change of mind, you must cover shipping costs for the return, and shipping fees paid initially will not be refunded.
(b) If Goods are unpacked but unused, We Are ONN Pty Ltd may, at its discretion, accept returns provided the Goods are in perfect condition. In such cases, delivery charges will not be refunded, and a restocking fee of 20% of the original purchase price will apply. You must cover any associated return costs.

13.3 Return Requirements
(a) Proof of purchase is required for all refunds, exchanges, or warranties.
(b) Customers should return all accessories supplied with the original purchase (e.g., lids, packaging).
(c) Goods returned due to a change of mind must be in a “re-saleable” condition as determined by We Are ONN Pty Ltd.

13.4 Packaging
Where possible, use the original packaging to avoid damage in transit.

13.5 Packaging Damage
Refunds or exchanges may not be issued solely due to damage to packaging, as it serves to protect the Goods themselves.

14. Privacy and Marketing

14.1 ONN's policy on the collection, use, and disclosure of customers' personal information is detailed in its Privacy Policy, which forms part of these Terms and Conditions. Please review this policy before providing any personal information to ONN. By submitting your personal information, you agree to the terms of this policy.

14.2 Marketing Communications
When creating an account, you consent to receiving marketing communications from ONN. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, such as clicking the unsubscribe link in an email. Alternatively, you may opt out of marketing communications by sending a written request to The Privacy Officer, ONN, via email at hello@weareonn.com.

15. Additional Terms and Conditions

15.1 Your use of the Website is governed by the ONN  Website Terms of Use.

15.2 Please review these Terms of Use in accordance with these terms.

16. General

16.1 Amendments to Terms and Conditions
ONN reserves the right to amend these Terms and Conditions at any time. Any changes will take effect from the time they are published on the Website. The Terms and Conditions in effect at the time you place your Order will apply to that Order.

16.2 Invalid or Unenforceable Provisions
Any provision of this agreement that is invalid or unenforceable in a jurisdiction will be interpreted, if possible, to be valid and enforceable. If this is not possible, it will be severed to the extent of its invalidity or unenforceability, without affecting the remaining provisions or the validity and enforceability of that provision in any other jurisdiction.

16.3 Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia.

Last Updated: December 2024

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