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Our Terms and Conditions

ELNA AUSTRALASIA POLICY

1. About this Privacy Policy
Elna Australasia (“we”, “us” or “our”) recognises the importance of privacy and is committed to protecting the privacy of individuals when handling their personal information. We handle personal information about individuals for purposes relating to our business functions and activities involving the sale of sewing machines, overlockers and related products.

This Privacy Policy outlines how we handle personal information for purposes relating to our business functions and activities in an open and transparent manner in accordance with the Australian Privacy Principles contained in the Commonwealth Privacy Act 1988. Personal information includes any information about an identified individual or an individual who is reasonably identifiable.

By providing us with your personal information you consent to us handling it in accordance with this Privacy Policy. If you provide us with any personal information about another individual then we rely upon you to inform that individual of the details contained in this Privacy Policy.
2. Why we collect, hold, use and disclose personal information
We collect, hold, use and disclose personal information for purposes relating to our business functions and activities. For example, we may collect, hold, use or disclose your personal information for one or more of the following purposes:

  • providing you with our products
  • managing our customer relationship with you
  • providing you with information about our products
  • evaluating or improving our products
  • marketing or promoting our products
  • carrying out our business functions and activities
  • complying with our legal or regulatory obligations

3. What kinds of personal information we collect
The kinds of personal information about you that we may collect and hold include:

  • your personal details including name and contact details
  • your product information including transaction and warranty details
  • your payment information including credit card or debit card details which we destroy after processing your payment

If you do not provide us with the personal information which we request then we may not be able to provide you with our products.
4. What kinds of website visitor information we collect using Google Analytics
We use Google Analytics to collect and hold information about your visits to our website “elna.com.au” or “elna.co.nz” (“Website”). Google Analytics uses cookies to collect information about your visits to our Website including your IP address and website pages visited. A cookie is a small text file which is stored on your computer or device by your web browser when you visit our Website to enable your visits to be recognised. The information generated by cookies when you visit our Website is collected and stored by Google on its servers in the United States. We use the information collected by Google about your visits to our Website for the purpose of maintaining and improving our Website and enhancing your experience browsing our Website.

If you do not wish us to use Google Analytics to collect information about your visits to our Website then you may install the Google Analytics Opt-out Browser Add-on (available at tools.google.com/dlpage/gaoptout) or set your browser to disable cookies but some parts of our Website may not function properly if cookies are disabled. Further information about how Google collects and uses information generated by cookies when you visit our Website is available from Google’s website page “How Google uses data when you use our partners’ sites or apps” (available at www.google.com/policies/privacy/partners/).
5. How we collect personal information
We collect personal information directly from you when you communicate with us through our Website or by email, telephone, facsimile or other means. For example, we may collect your personal information directly from you when:

  • you purchase our products
  • you request us to provide you with assistance or support for our products
  • you request us to provide you with information about our products
  • you complete a survey or provide feedback in respect of our products
  • you subscribe to receive information about our products
  • you enter our competitions or promotions

We may also collect your personal information from a third party or publicly available source for the purpose of carrying out our business functions and activities. For example, we may collect your personal information from:

  • your authorised representatives in connection with providing you with our products
  • our service providers that assist us to carry out our business functions and activities including warranty support providers and credit report providers

6. When you will have the option of not identifying yourself
We will give you the option of not identifying yourself or using a pseudonym when dealing with us in relation to a particular matter except where it is impracticable or unlawful for us to do so. For example, you may not need to identify yourself when you request that we provide you with general information about our products.
7. How we use Google AdWords’ remarketing service
We may use the Google AdWords’ remarketing service to advertise on websites across the Internet. Google and other third parties use cookies to display our advertisements to you on other websites based upon your previous visits to our Website. You can opt out of Google’s use of cookies to display our advertisements to you by visiting Google’s Ads Settings website page (available at www.google.com/settings/ads). Alternatively, you can opt out of the use of cookies by Google and other third party parties to display our advertisements to you by visiting the Network Advertising Initiative opt-outpage(available at www.networkadvertising.org/choices/). Google handles all personal information which it collects in accordance with Google’s Privacy Policy(available at www.google.com.au/policies/privacy/).
8. How we use the NAB Transact payment processing service
We use the National Australia Bank’s NAB Transact payment processing service to process payments for our products purchased through our Website. The National Australia Bank does not disclose to us any of your credit card or debit card details which it collects to process your payment when you purchase our products through our Website. The National Australia Bank handles all payment related personal information which it collects in accordance with the National Australia Bank Privacy Policy(available at www.nab.com.au/about-us/using-this-site/national-australia-bank-privacy-policy).
9. How we disclose personal information
We disclose personal information to third parties for the purpose of carrying out our business functions and activities. For example, we may disclose your personal information to:

  • your authorised representatives in connection with providing you with our products
  • our service providers that assist us to carry out our business functions and activities including information technology providers, printing and mailing providers, sales and marketing providers, advertising providers, credit report providers, payment gateway provider, and billing and debt recovery providers
  • our professional advisers including accountants, auditors and lawyers
  • our related companies, agents, partners, affiliates and other trusted entities that assist us to carry out our business functions and activities
  • government departments and agencies in connection with carrying out our business functions and activities

The third parties to which we may disclose your personal information may be located in Australia or other countries including the United States.

We will not disclose your personal information to any third parties for any other purpose without your consent except where required or authorised by law. For example, we will not sell, trade or rent your personal information to any third parties for marketing purposes without your consent.
10. How we use personal information for direct marketing
We may use your personal information to provide you with news or other information about our products that may be of interest to you. In each such communication we will describe how you may at any time request not to receive any further such communications from us. We will give effect to your request not to receive any further such communications from us as soon as practicable.
11. How we hold and protect personal information
We hold personal information that we collect in both physical and electronic storage facilities including paper-based files, computer servers, desktop and laptop computers, tablets, mobile phones and other portable data storage devices.

We protect personal information which we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure using both physical and electronic security measures which includesecure premises, physical access restrictions, locked cabinets, secure databases, password access, anti-virus software, data encryption and firewalls.

If we hold any personal information that we no longer need for any purpose for which we may use or disclose the information then we will take reasonable steps to destroy or de-identify the information unless we are required by law to retain the information.
12. How to access and correct your personal information
You may request access to, and correction of, any of your personal information which we hold. You should promptly notify us if you become aware that any of your personal information which we hold is inaccurate or out-of-date.

If you wish to access, correct or update any of your personal information which we hold, please contact our Privacy Officer using the contact details below. You will be required to verify your identity before you will be permitted to access, correct or update any of your personal information which we hold. We may charge a fee for giving you access to your personal information.
13. How to make an enquiry or complaint
If you have an enquiry or complaint about our handling of your personal information, please contact our Privacy Officer using the contact details below. A complaint about our handling of your personal information should first be made in writing to our Privacy Officer setting out details of your complaint. Our Privacy Officer is responsible for dealing with all enquiries and complaints about our handling of personal information and will respond on our behalf within a reasonable time after receiving an enquiry or complaint.
14. How we update this Privacy Policy
We may update this Privacy Policy from time to time to take into account changes in our information handling practices by publishing an updated version of this Privacy Policy on our Website. You should regularly review the most recent version of this Privacy Policy available on our Website.
15. How to contact us
You may contact our Privacy Officer using the contact details below:

Privacy Officer: Elna Australasia

Phone: 03 8586 3100

Email: privacy@elna.com.au

Address: P. O. Box 1383, Moorabbin, Victoria 3189

 

This Privacy Policy is effective as of 1/7/2014

ELNA AUSTRALASIA WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THESE WEBSITE TERMS OF USE.  IF YOU DO NOT ACCEPT THESE WEBSITE TERMS OF USE THEN YOU MUST NOT USE THIS WEBSITE.

1. About this Website
This website elna.com.au (“Website”) is operated by Elna Australasia (“we”, “us” or “our”).  These Website terms of use (“Terms of Use”) apply to your use of this Website and any order which you place using this Website to purchase a sewing machine, overlooker, press or other product (“Product”).
These Terms of Use include our Returns PolicyPrivacy Policy and any other terms and conditions which appear on this Website.  You must at all times comply with these Terms of Use, any directions given by us and all applicable laws when using this Website.  If you breach any of these Terms of Use then we may immediately suspend or terminate your use of this Website.
2. Use of Material
The information, documents, logos, graphics, images, pictures, videos and other material (“Material”) which is available on this Website is general in nature and made available for information purposes only unless otherwise expressly stated on this Website.  Although we seek to ensure that the Material which is available on this Website is accurate, complete and up-to-date, we do not give any representation or warranty that the Material is accurate, complete or up-to-date, or any other representation or warranty in respect of the Material.  You use the Material which is available on this Website at your own risk.
3. Prohibited use of Material
You must not: (i) copy, reproduce, adapt, modify, distribute, republish, resell, download, display, communicate or transmit in any form or by any means any Material which is available on this Website without our prior written approval except to the extent expressly permitted by these Terms of Use; (ii) interfere with or disrupt the use of this Website by other users; (iii) interfere with or breach any security or authentication measures of this Website; (iv) use data mining, screen scraping or similar technologies to extract data from this Website without our prior written approval; or (v) use any of the Material which is available on this Website for any commercial purpose except to the extent expressly permitted by these Terms of Use.
4. Eligibility to place orders
You may only place an order to purchase a Product using this Website if: (i) you are at least eighteen (18) years of age; and (ii) you are able to provide us with an address in Australia for the delivery of the Product.
5. Product information
You acknowledge and agree that any description, images, pictures, videos or other information about a Product (“Product Information”) which is available on this Website is for illustrative purposes only and that the actual size and colour of the Product may differ.  We reserve the right to correct at any time any error or omission in any Product Information which is available on this Website.
6. Product prices
All prices for Products specified on this Website are quoted in Australian dollars and include goods and services tax unless otherwise expressly stated on this Website.  We may at any time vary the price of a Product specified on this Website without notice to you.
7. Before placing orders
You are responsible for ensuring that a Product is suitable for your purposes and meets your requirements before you place an order to purchase the Product.  You may contact us to confirm that any Product Information about a Product which is available on this Website is accurate, complete and up-to-date before placing an order to purchase the Product.
8. Placing orders
When you place an order to purchase a Product you will be deemed to make us an offer to purchase the Product at the price (including delivery and any other charges or taxes) specified on this Website at the time that you place your order.  You must pay the price specified on this Website for a Product at the time that you that place your order to purchase the Product.
9. Acceptance, rejection and cancellation of orders
We reserve the right to accept, reject or cancel at any time any order which you place to purchase a Product for any reason including, without limitation: (i) any error in your order for the Product; (ii) the permanent or temporary unavailability of the Product; (iii) any error in the price of the Product specified on this Website; or (iv) any error in any Product Information about the Product appearing on this Website.  We will not be liable to you for any loss or damage which you may suffer as a result of us rejecting or cancelling any order which you place to purchase a Product.
10. Order information
You warrant that all information which you provide to us when you place an order to purchase a Product will be accurate, complete and up-to-date.  You acknowledge and agree that any personal information which you provide to us when you place an order to purchase a Product will be handled by us in accordance with our Privacy Policy .  You must not provide us with any personal information about another individual unless you have obtained the individual’s express consent and notified the individual of the details required by all applicable privacy laws.
11. Delivery
We will endeavour to deliver a Product which you purchase to the delivery address specified in your order in accordance with any estimated delivery time specified on this Website.  You acknowledge and agree that we will not be liable to you for any loss or damage which you suffer as a result of any delay in us delivering any Product which you have purchased in accordance with any such estimated delivery time.
12. Title and risk
You acknowledge and agree that title and risk in a Product will pass to you upon us delivering the Product to a postal or courier service for delivery to the delivery address specified in your order for the Product.
13. Returns
You may only return a Product which you have purchased in accordance with our Returns Policy .
14. Intellectual property rights ownership
All intellectual property rights (including copyright and trade mark rights) and other rights in this Website and Material which is available on this Website are owned or licensed by us.  If you download or print any of the Material then you must ensure that the Material is appropriately attributed to us unless otherwise expressly stated on this Website.
15. Intellectual property rights licence
You grant to us an irrevocable, perpetual, royalty-free, world-wide, sub-licensable, transferable, non-exclusive licence to use for our purposes any suggestions, ideas, enhancement requests, feedback or recommendations which you provide to us in relation to this Website or any Material available on this Website.
16. Links to external websites
We make no warranties or representations of any kind whatsoever as to any information, documents, logos, graphics, images, photographs, videos or other material which is available on any external website linked to from this Website.  You use any external website linked to from this Website at your own risk.
17. Links to this Website
You may link to this Website provided that the link accurately indicates that it is to this Website and we have not requested you to remove the link where we have determined in our sole discretion that it is misleading or otherwise inappropriate.  If you do not immediately comply with a request by us to remove a link to this Website then you must indemnify us against any and all costs, charges or expenses (including, without limitation, legal costs on a full indemnity basis) which we incur in having any such link removed.
18. Disclaimer
You use this Website at your own risk on an “as is” and “as available” basis.  We may update this Website at any time which may affect your ability to continue to use this Website.  We do not give any warranty or representation in respect of this Website including, without limitation, any warranty or representation that: (i) this Website will be available at any time; (ii) this Website will be free from viruses or other harmful code; or (iii) your use of this Website will be error-free or uninterrupted.  You acknowledge and agree that you provide us with information over the Internet at your own risk as the security of such information cannot be guaranteed.
19. Implied terms
To the full extent permitted by law, any condition, representation or warranty which would otherwise be implied (whether by any law or otherwise) in these Terms of Use is expressly excluded including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of any third party’s rights.  Where any condition, warranty or representation is implied (whether by any law or otherwise) in these Terms of Use which cannot lawfully be excluded then our liability for any breach of such condition, warranty or representation will be limited to the full extent permitted by law.
20. Liability
Except as otherwise expressly stated in these Terms of Use and to the full extent permitted by law, we will have no liability (whether in contract, in tort, under statute or in any other way and whether due to negligence or any other cause) to you for or in respect of any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, consequential, special or indirect losses, damages, costs, charges, expenses or liabilities) directly or indirectly arising out of or in connection with your use of this Website or these Terms of Use.
21. Indemnity
To the full extent permitted by law, you irrevocably and unconditionally agree to indemnify us from and against any and all claims, actions, demands, proceedings, losses, damages, costs, charges, expenses or liabilities of any kind or nature whatsoever (including, without limitation, legal costs on a full indemnity basis) directly or indirectly arising out of, or in connection with any breach by you of these Terms of Use.
22. Termination
If these Terms of Use are terminated for any reason then any provision of these Terms of Use which is capable of having effect after such termination will survive and remain in full force and effect following such termination.  The termination of these Terms of Use for any reason does not extinguish or otherwise affect any of our accrued rights or remedies under these Terms of Use.
23. Notice
We may give you notice under these Terms of Use by posting a notice on this Website.  If you place an order to purchase a Product then we may also give you notice under these Terms of Use by email, post or personal delivery to your email or delivery address respectively specified in your order.
24. Entire agreement and amendments
These Terms of Use constitute the entire agreement between you and us in connection with their subject matter. Elna Australasia is a trading name of Janome Australia Pty Ltd.  We may in our sole discretion amend these Terms of Use at any time by publishing amended Terms of Use on this Website.  By continuing to use this Website after we have published amended Terms of Use on it you accept and agree to be bound by such amended Terms of Use.  You should regularly review the most recent version of these Terms of Use which is available on this Website.
25. Waiver and severability
Any failure by us to exercise any right or remedy under these Terms of Use will not constitute a waiver of that right or remedy or any other right or remedy.  If any provision of these Terms of Use is invalid or unenforceable then such provision will be severed without affecting the validity of the remaining provisions.
26. Governing law and jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia.  The courts of the State of Victoria, Australia will have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms of Use.

These Terms of Use are effective as of 22/07/2012

ELNA AUSTRALIA COMPLAINTS HANDLING PROCEDURE

An effective complaints handling system is essential to our business. Elna is committed to the fair and efficient handling of complaints and product return processes. Elna undertakes to identify, record, analyse, respond, resolve or finalise and provide a written response to all complaints made to Elna regarding our company, its products, services, processes, agents and staff. Specifically this includes any complaints made or concerns raised relating to Trade Practices Act compliance.
How to lodge a complaint

  • All complaints must be sent in writing addressed to “The Manager” and sent to elna Australasia either by:
    • Email: complaints@elnaaustralasia.com
    • Fax: (03) 8686 3112 or
    • Post: P.O. Box 1383, Moorabbin Victoria, 3189
  • This is requested so that we can determine the complaint direction and how best to respond correctly in a timely manner.
  • In your correspondence, please include the date, your full name, your full address, the exact nature of the complaint in detail and the model of the machine (if applicable).
  • Once the complaint has been received by Elna, it is then directed to the appropriate person or department.
  • It is then the responsibility of that person to respond to the complainant within 2 business days of receiving the complaint.
  • Once contact has been made the customer’s concerns can then be addressed in the most appropriate manner.

At Elna, we care deeply about feedback from our customers and try our best to bring you a solution when any concern is raised. As always, your satisfaction is essential to us, and we will continue to ensure that our products are of the highest possible quality.

RETURNS POLICY

PLEASE READ THIS RETURNS POLICY CAREFULLY. BY PLACING AN ORDER TO PURCHASE A PRODUCT USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND BY THIS RETURNS POLICY.
1. About this Returns Policy
This returns policy (“Returns Policy”) applies to any sewing machine, overlocker, press or other product (“Product”) which you purchase from  Elna Australasia (“we”, “us” or “our”) using this website elna.com.au (“Website”).
2. Product returns
If you wish to return a Product which you believe is not of an acceptable quality, does not correspond with its description or meet any express warranty, or otherwise fails to meet a consumer guarantee under the Australian Consumer Law, then please contact our Returns Officer using the contact details below. You may not return a Product to us: (i) if it has been damaged through no fault of ours after delivery of the Product to you; or (ii) after expiry of the period within which it would be reasonable to expect the failure to become apparent to you.
3. Returns procedure
When you notify our Returns Officer that you are returning a Product then the Product becomes our property and you must immediately return the Product to us at the address below at your cost. When you return a Product to us you must explain why you are returning the Product and provide us with proof that you have purchased the Product from us. Where possible a Product should be returned in its original, unmarked packaging together with any accessories, instructions, manuals, documentation or other material that was supplied with the Product. Failure to supply the above may result in your claim being rejected.
4. Australian Consumer Law
After you return a Product to us then we will inspect the Product to determine whether it has failed to meet a consumer guarantee under the Australian Consumer Law. If we determine that the Product has failed to meet such a consumer guarantee then we will replace or repair the Product, refund to you the purchase price paid for the Product or take any other action to remedy the failure which is required by the Australian Consumer Law.
5. Returns Officer
You may contact our Returns Officer using the contact details below:

Returns Officer Elna Australasia

Phone: 03 8586 3100

Email:
returns@elna.com.au

Address: P. O. Box 1383, Moorabbin, Victoria 3189

 

This Returns Policy is effective as of 1/8/2014