Terms and Conditions

Sales
Shopping on the internet is quick, easy and it is our intention to make your entire shopping experience with us as pleasurable as possible.

We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and Harley Emerson when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that you acknowledge that your purchase from us is subject to these terms and conditions. We have attempted to keep the text in simple to understand language. 

Please note that from time to time, these terms and conditions may change. We therefore recommend that you review these terms and conditions on a regular basis to identify any changes that may affect you.


Goods and Services Tax (GST)
Goods and services tax is applicable on all our products. As you will note from our website, in our stores and in our catalogues, all prices include GST. The current rate of GST is 10%. This rate may change in the future and will be based on Australian legislation. The prices indicated for products exclude freight and handling.


Pricing
We will at all times use our best endeavours to ensure that the prices on our website are accurate at any point in time. The prices that are displayed on our website are only current at that particular point in time and we reserve the right to alter our prices at anytime without prior notice. This may occur for example when products are on sale or when prices may change for various reasons. When price changes do occur, they will be automatically updated on the website.


International Customers 
At this point in time, Harley Emerson does not send items overseas.


Title
Title for goods ordered on our site will pass to you when we receive payment in full for your order.

Limitation of Liability
Save as expressly provided in these Terms and Policies or in the Competition and Consumer Act 2010 (Cth.) ("Act") and equivalent State and Territory legislation:

  1. all conditions, warranties or consumer guarantees (whether express or implied by statute or common law or arising from conduct or by previous course of dealing or trade custom or trade usage or otherwise) as to the quality of the products or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to you any other matter covered by the conditions and warranties implied by Part 3-2 Div. 1 of the Act (other than sections 51, 52 and 53) are hereby expressly excluded; and 
  2. Harley Emerson accepts no liability for any loss, damage, cost, loss of profits, anticipated savings, wasted expenditure, loss of contracts with third parties, or consequential loss ("Loss") whether suffered by you or by any third party and whether or not Harley Emerson was aware that such Loss was possible or such Loss was otherwise foreseeable, whether such Loss arises from any representation, recommendation or advice made or given in relation to the products, the use of the products, or the failure by Harley Emerson to observe and fulfil its obligations under these Terms or otherwise. 

To the fullest extent permitted by law, Harley Emerson's liability for any breach of a consumer guarantee implied by the Competition and Consumer Act 2010 (Cth)(and which cannot be excluded) shall be limited to any one or more of the following (as determined by Harley Emerson in its absolute discretion): in the case of products, the replacement, repair or payment of the cost of replacement or repair of the product. However, if the failure to comply with a consumer guarantee is a major failure (as defined in s 260 of the Australian Consumer Law [ACL]), you may reject the goods within the period of time stipulated in s 262 of the ACL, and in such circumstances you may seek from Harley Emerson at your choice, a full refund or a replacement of the goods.


Authority to Purchase from Harley Emerson
By accepting our sales terms and conditions, you are acknowledging that you have the authority to enter into a commercial transaction with Harley Emerson. If you are under 18 years of age, you cannot enter into a transaction with Harley Emerson. Instead, you should seek the assistance of you parents or guardians. Commercial employees, purchasing on behalf of their company or business must have the appropriate company authority to enter into a transaction on the company’s behalf.


Force Majeure
Harley Emerson shall not be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of Harley Emerson, and Harley Emerson shall be entitled to a reasonable extension of time for the performance of such obligations.


Company Details
Our company name is Harley Emerson Pty Ltd..

Our ABN is 55 624 758 710


Applicable Law
The transactions contemplated on this site and all legal aspects associated with this site will be governed by the laws of the State of New South Wales and the Commonwealth of Australia.


Privacy Policy
Harley Emerson  respects your privacy and is committed to protecting all the information you provide to us.

We value our relationship with you and appreciate that you may be concerned about the personal and financial information you may provide to us when you visit our website. Accordingly, we have developed this Privacy Policy to inform you about how we collect and use your private information. You can then make a choice about using the website.

When you visit the Harley Emerson website, personal information and non-personal data will be collected depending on the nature of your visit.

The Harley Emerson Privacy Policy covers all personal information and non-personal data collection.


Personal Information
Your personal information is respected and handled with the utmost of care. Personal information includes your name, address and other features of your identity including your user and contact details. This information supports the user relationship with Harley Emerson and is not used for any other purpose other than for use by Harley Emerson. You can rest assured knowing that  Harley Emerson will not pass on or sell your personal information to any third party without your consent (or as required by law). The information is collected for the purposes of transactions conducted with Harley Emerson and for our in house marketing purposes. This enables us to improve the level of service we provide to you.


Non-Personal Data 
By visiting the Harley Emerson website, Harley Emerson may collect a variety of non-personal information such as:

  1. the time and date of your visit; 
  2. the length of time you visit for; 
  3. domain information; 
  4. the pages and the number of pages you have viewed; 
  5. your ISP details; 
  6. the number of times you visit our website within a month; 
  7. your IP address or proxy server's IP address; 
  8. the number, type and size of files you view; 
  9. basic information regarding the website that referred you to our website; 
  10. the version and type of internet browser you are currently using; and 
  11. information about the type of operating system your computer uses. 

This information is only used for statistical and website development purposes. This data is not associated with any specific personal identity. This information is primarily used for business analysis so Harley Emerson can improve user relationships by providing a more effective and efficient service.


What is Covered by this Privacy Statement
This Privacy Policy applies to all websites owned or operated by Harley Emerson Pty Ltd. It also covers information collected through our stores, direct mail activities and any other means.

This website may provide links to third party or affiliate websites. If you access those websites using links found on Harley Emerson website you leave the Harley Emerson website and the protection of the Harley Emerson privacy policy.

Harley Emerson does not control the privacy policy of third party websites, nor does it endorse the content of third party websites or make any representation about third party websites in any way.