Terms of Use

1. TERMS OF USE

These are the terms of use (Terms of Use) for your use of services or features on the sites owned and controlled by Fackelmann Housewares ABN 89 601 910 776, including www.luigibormioli.com.au and other website names used from time to time (Websites).

In these Terms of Use, the words "we", "us" and "our" refer to Fackelmann Housewares.  These Terms of Use, which include the privacy policy, apply to the Websites.

By using this Website you agree to accept these Terms of Use.

Fackelmann Housewares agrees to grant you a non-exclusive, non-transferable licence to use this Website, including by accessing and viewing the material on this Website, in accordance with these Terms of Use.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. When you use this Website after the revision is posted you will be deemed to accept these Terms of Use as amended.

2. CONTENT

Fackelmann Housewares is either the owner or the licensed user of the copyright in the information and other content on this Website (with the exception of third party content coming from Instagram), accessible via this Website or sent to you as a result of you registering with this Website (Content).

Any comments or materials sent to us through this Website including feedback data, questions, reviews, comments and suggestions (Feedback), will be deemed to be non-confidential. Except to the extent that any applicable legislation provides otherwise, and subject in all cases to the terms of our privacy policy, Fackelmann Housewares has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. In addition, Fackelmann Housewares will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback. 

You grant Fackelmann Housewares a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Feedback (and all intellectual property rights in the Feedback), in all media now known or not currently known. You also waive any moral rights or similar rights you may have or may acquire in the future in the Feedback.

Fackelmann Housewares reserves the right to remove any Content or Feedback from this Website at any time.

3. ORDERS

Once you have made your choice and your order for an item has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that Fackelmann Housewares has received it.

By placing an order with Fackelmann Housewares you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damage arising out of this use.

You must be 18 years of age or older to purchase knives from us. By agreeing to these Terms of Use and by purchasing knives from us, you represent that you are at least 18 years of age.

Acceptance of your order and completion of the contract between you and Fackelmann Housewares will occur when Fackelmann Housewares emails you to confirm the goods have been dispatched and have been handed over to the designated carrier. The sale contract is concluded in New South Wales, Australia.

Fackelmann Housewares reserves the right to refuse to process or refuse service to anyone at any time at Fackelmann Housewares' sole discretion for any reason. Fackelmann Housewares expressly prohibits purchases for resale and/or reselling any Fackelmann Housewares items as part of any business (including any online business) unless agreed in writing by Fackelmann Housewares. Fackelmann Housewares reserves the right to restrict multiple quantities of an item, or restrict the number of items being shipped to any one customer or postal address.

To the extent permitted by law, Fackelmann Housewares may reject an order due to incorrect prices or offers even if the order has been confirmed and a credit or debit card charged. If your credit or debit card is charged for the purchase and we cancel the order, we will notify you and credit your credit or debit card account for the amount charged.

Prices shown on the Website are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise. Prices are subject to change effective immediately upon posting to the Website or other form of notification.

4. DELIVERY

Unfortunately we do not currently deliver internationally. Sign up to our newsletter and be the first to know when we announce delivery to new countries.

We may occasionally provide special offers and promotions waiving delivery charges in certain circumstances. We reserve the right to vary, cancel or extend special offers and promotions regarding delivery charges.

Delivery times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us, for which Fackelmann Housewares will not be responsible.

5. RETURN AND REFUND POLICY

If you change your mind about items you have purchased from us, we will refund the purchase price subject to the following conditions:

• item(s) must be returned within 30 days of purchase, together with proof of purchase;
• item(s) must be unopened and unused with all original seals, labels and packaging attached; and

If you request a refund, the purchase price (excluding delivery charges) will be refunded to you using the original payment method once we have received the returned item back and confirmed that it meets the above conditions. You are responsible for any costs associated with returning the item to us including any currency conversion and/or local or international taxes.

6. DISCLAIMERS

Fackelmann Housewares has used reasonable efforts to make sure that the Content is accurate (including the colours of items), complete and up to date. The actual colours you see will depend on your monitor and may not be accurate.

You agree that, subject to any consumer guarantees set out in The Competition and Consumer Act 2010 and similar State and Territory legislation in Australia that apply to your use of, and access to this Website:

• the Content is intended to be used only for background and information purposes and does not constitute professional advice;
• Fackelmann Housewares does not guarantee that the Content is accurate, definitive, reliable, complete or up-to-date;
• Fackelmann Housewares does not undertake to keep the Content updated;
• Fackelmann Housewares does not accept responsibility for any loss suffered by you or any other person as a result of reliance by you or that person on the accuracy, reliability, completeness or currency of any of the Content;
• Fackelmann Housewares makes no warranty or representation:
  • that any files accessible on or via this Website or any server on which this Website are hosted are free of viruses, errors, defects;
  • that this Website and any of the Content will be accessible to you on a continuous or uninterrupted basis; or
  • that any viruses, errors or defects discovered to exist on our Website or the servers on which they are hosted will be corrected.  

All products should be used strictly in accordance with their instructions, precautions and guidelines.

To the extent permitted by law Fackelmann Housewares will not be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website.

7. INTELLECTUAL PROPERTY RIGHTS

The Content is protected by copyright. Any reproduction, distribution, re-transmission, adaptation or modification of the Content, whether in electronic or hard copy form, without our express prior written consent is prohibited.

Some of the Content, and products, logos, technology and processes accessible via, or incorporated in, this Website may be protected by copyright or other intellectual property rights owned by third parties. You have no right to use any of those intellectual property rights except as expressly authorised by these Terms of Use.

8. INDEMNITY

You must indemnify and keep Fackelmann Housewares (and its related corporate bodies, directors, officers, employees, agents and contractors) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct, your use of this Website, your breach of any provision of these Terms of Use, or your breach of any rights of third parties.

9. THIRD PARTY WEBSITES

This Website may contain links to other websites and social media platforms operated by third parties (Third Party Websites). Fackelmann Housewares does not endorse, or approve any goods or services offered or provided by the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites (Third Party Material).

Subject to any applicable law which cannot be excluded, Fackelmann Housewares makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person. Fackelmann Housewares is not authorising the reproduction of Third Party Material by linking this Website to Third Party Material.  When you follow a link on this Website, material at a Third Party Website may be displayed in your browser framed by material on this Website. This framed material is also Third Party Material for the purpose of these Terms of Use. All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator.

Fackelmann Housewares may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.

Your access to Third Party Websites may be governed by their own terms of use.

10. YOUR CONDUCT WHEN USING THIS WEBSITE

You must not: take any steps to obtain unauthorised access to this Website or any parts of it that are not open to public access; disrupt or interfere with or make attempts to disrupt or interfere with this Website or any other user's enjoyment of this Website or Third Party Websites; or any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website; engage or make attempts to engage in any kind of illegal, criminal or tortious activity whatsoever through the use (whether direct or indirect) of this Website or Third Party Websites; use, copy or translate for commercial use; reproduce, adapt, vary or modify any material in any form in this Website without the prior written consent of Fackelmann Housewares; use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of Fackelmann Housewares; take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of this Website; reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with this Website.

You agree that you will not upload or otherwise provide any Feedback which:

• is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
• infringes the intellectual or other proprietary interests of third parties;
• contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of this Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of this Website or otherwise breaches or encourages other users to breach these Terms of Use;
• violates any law, statute or regulation;
• forges or otherwise alters information to disguise the origin of any Feedback; or
• encourages or incites any other person to engage in any of the above behaviour.

11. TERMINATION AND SUSPENSION

Fackelmann Housewares reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, disclaimers and indemnities.

12. APPLICABLE LAW

These Terms of Use are governed by and will be construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

13. CURRENT ONLINE PROMOTIONS

Click here to see terms and conditions of current promotions.