OSHONIC Returns, Cancellations & Refunds Policy

This Returns, Cancellations & Refunds Policy applies to products purchased directly from A2N2 Pty Ltd trading as OSHONIC through oshonic.com.au, by direct invoice, in person, or through another direct OSHONIC sales channel.

This policy does not apply to products purchased from an independent retailer, reseller, dealer, plumber, builder or other third party. Where a product was purchased from another seller, please contact that seller in the first instance.

This policy should be read together with the relevant quotation, invoice, OSHONIC Terms of Supply, product description, specifications, installation documentation, warranty information and any other written terms provided in connection with the order.

Nothing in this policy excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law (ACL). Where a provision of this policy conflicts with a mandatory legal right, the mandatory legal right prevails to the extent of that conflict.

1. Before Purchasing

OSHONIC smart toilets, bidet seats, bathroom products, water systems and related products may have specific dimensional, plumbing, electrical, water-supply, water-pressure, drainage, clearance, installation and compatibility requirements.

Before placing an order, customers should carefully review all information made available for the relevant product, including where applicable:

• product model and configuration;
• dimensions and required clearances;
• plumbing and drainage requirements;
• electrical requirements;
• water-supply, pressure and flow requirements;
• installation documentation;
• product specifications;
• included and excluded components;
• colour, finish and configuration; and
• any other compatibility information supplied by OSHONIC.

Where appropriate, customers should confirm product suitability with an appropriately qualified or licensed plumber, electrician, builder, installer or other professional before placing an order.

If you are uncertain whether a product is suitable for your intended installation, please contact OSHONIC before purchasing.

Nothing in this section affects a customer's rights where information supplied by OSHONIC is inaccurate or misleading, or where a product otherwise fails to comply with an applicable consumer guarantee.

2. Confirmed Orders, Deposits and Part-Payments

Unless otherwise agreed in writing, an order is considered confirmed when OSHONIC accepts the order and receives or successfully processes an agreed deposit, part-payment or full payment, or otherwise confirms acceptance of the order in writing.

A deposit or part-payment forms part of the agreed purchase price.

Paying only a deposit or part-payment does not mean that the underlying order, contract or product value is limited to the amount of that deposit or part-payment.

Once an order is confirmed, OSHONIC may undertake activities including:

• allocating or reserving stock to the customer;
• removing or reducing stock available to other customers;
• processing payment;
• creating and administering the customer order;
• preparing invoices, documentation and fulfilment records;
• undertaking warehouse handling or preparation;
• preparing the product for collection or dispatch;
• arranging or reserving freight;
• placing or committing to supplier orders;
• reserving incoming stock; and
• incurring other reasonable administrative, processing, supplier or logistical costs associated with the confirmed order.

Deposits and part-payments are therefore subject to the cancellation provisions in this policy where a customer voluntarily chooses not to proceed with a confirmed order.

3. Change of Mind

OSHONIC does not provide an automatic return, exchange or refund merely because a customer changes their mind where there is no applicable product fault, misdescription or other consumer guarantee issue.

Change of mind may include circumstances where the customer:

• no longer wants or needs the product;
• decides that the purchase is outside their budget;
• is unable or unwilling to pay the remaining balance;
• changes their preference after purchasing;
• finds the same or a similar product elsewhere at a lower price;
• decides to purchase a different product or model;
• changes renovation, construction or installation plans;
• changes the intended installation location;
• orders the wrong model, colour, size or configuration where accurate information was provided before purchase; or
• discovers that the product does not suit the intended installation where the relevant specifications or requirements were accurately disclosed before purchase.

This section does not affect any rights or remedies available under the Australian Consumer Law.

4. Cancellation Before Dispatch or Collection

A customer wishing to cancel a confirmed order before dispatch or collection must contact OSHONIC in writing as soon as possible and provide the relevant order or invoice number.

Email: hello@oshonic.com.au

Sending a cancellation request does not by itself cancel the order. A voluntary cancellation becomes effective when OSHONIC confirms the cancellation in writing.

Where OSHONIC accepts a voluntary change-of-mind cancellation before dispatch or collection, the customer may choose between:

1. the refund option described in Section 5; or
2. where offered by OSHONIC, the 12-Month OSHONIC Order Transfer described in Section 7.

5. Change-of-Mind Cancellation Fee

Where a customer voluntarily cancels a confirmed order before dispatch or collection and requests a refund to the original payment method, a cancellation and handling fee may be deducted from amounts paid.

The standard cancellation fee is:

15% of the Total Agreed Product Price of the cancelled product or products, capped at a maximum of $299.

This fee is intended to contribute toward the reasonable business costs, administration and consequences associated with accepting, processing, allocating and subsequently cancelling a confirmed customer order.

Where applying the standard fee in a particular case would exceed the amount OSHONIC is lawfully entitled to retain or recover, the fee will be reduced to the amount permitted by applicable law.

Meaning of Total Agreed Product Price

For the purposes of this policy, Total Agreed Product Price means the final agreed selling price, including GST where applicable, of the cancelled product or products after any applicable product discount and excluding separately stated delivery charges.

The Total Agreed Product Price is the agreed selling price of the product itself, regardless of whether the customer has paid the purchase price in full or has paid only a deposit or part-payment.

The amount of a deposit or part-payment does not redefine the Total Agreed Product Price of the product being cancelled.

Costs associated with a cancelled order may include

• merchant and payment-processing costs that are not recoverable;
• reasonable administration associated with creating, processing and cancelling the order;
• stock allocation and stock-release administration;
• warehouse handling or product preparation already undertaken;
• packing or fulfilment preparation;
• freight booking or cancellation costs;
• supplier cancellation costs;
• non-recoverable costs incurred in specifically procuring the product;
• administrative consequences of reserving stock against a confirmed customer order; and
• other reasonable costs directly arising from the confirmed order and its cancellation.

Delivery, freight, supplier or other third-party costs already actually incurred by OSHONIC and which cannot reasonably be recovered may also be taken into account where permitted by law.

The cancellation fee does not apply where the customer is legally entitled to a refund without such a fee under the Australian Consumer Law.

6. Cancellation Fee Example

For example, John orders an OSHONIC product for a Total Agreed Product Price of $2,000 and pays a $500 deposit.

Before the product is dispatched or collected, John decides that he no longer wishes to proceed with the purchase and requests a voluntary change-of-mind cancellation.

For the purposes of this policy, the Total Agreed Product Price is $2,000, not the $500 deposit, because $2,000 is the agreed selling price of the product being cancelled.

15% of $2,000 is $300.

Because the cancellation fee is capped at $299, the applicable standard fee under the percentage-and-cap calculation is $299, subject to any adjustment required by applicable law.

The calculation would therefore be:

• Amount paid by John: $500.00
• Standard cancellation fee: $299.00
• Refund balance: $201.00

Alternatively, if OSHONIC offers the 12-Month OSHONIC Order Transfer option and John accepts it, the full $500 may instead be retained against his customer record and applied toward one eligible future OSHONIC order in accordance with Section 7.

This example is illustrative only. The amount applicable to an actual cancellation depends on the particular order, circumstances and applicable law.

7. Alternative Option: 12-Month OSHONIC Order Transfer

For an eligible voluntary cancellation made before dispatch or collection, OSHONIC may offer the customer an alternative to receiving an immediate cash refund subject to the cancellation fee.

Where offered and expressly accepted by the customer, the customer may elect to have:

100% of the amount already paid toward the cancelled product transferred toward one future eligible OSHONIC product order placed within 12 months from the date the original cancellation is confirmed.

This arrangement is referred to as an OSHONIC Order Transfer.

Where an Order Transfer is selected:

• the standard cancellation fee is not deducted at the time the Order Transfer is accepted;
• 100% of the amount already paid toward the cancelled product remains recorded against the original purchaser;
• the amount may be applied toward one eligible future product order purchased directly from OSHONIC;
• the replacement order must be placed within 12 months from the date the original cancellation is confirmed;
• products will be supplied at the price applicable when the replacement order is placed;
• the Order Transfer does not provide price protection;
• the Order Transfer does not reserve any particular product or future stock;
• if the new purchase exceeds the transferred amount, the customer must pay the difference;
• the arrangement is personal to the original purchaser and cannot be sold or transferred for value;
• transfer to another person requires OSHONIC's written agreement;
• no interest accrues on the transferred amount;
• the Order Transfer cannot be converted into promotional cash or used to obtain cash change;
• the Order Transfer may be used once; and
• OSHONIC may decline to offer another Order Transfer if a replacement order is subsequently voluntarily cancelled.

If the replacement order costs less than the transferred amount

Where the replacement product price is less than the amount held under the Order Transfer, the remaining amount will not be forfeited.

The remaining balance will instead be dealt with under the original cancellation and refund provisions, including any applicable cancellation fee, unless OSHONIC agrees otherwise or applicable law requires another outcome.

If the Order Transfer is not used within 12 months

The customer's money does not automatically expire or become the property of OSHONIC merely because the 12-month Order Transfer period has ended.

If an eligible replacement order has not been placed within the 12-month period, OSHONIC may finalise the original cancellation on a refund basis.

The cancellation fee that would have applied to the original voluntary cancellation under Section 5 may then be deducted from the amount originally paid, subject to applicable law, and the remaining refund balance will be returned using the original payment method where reasonably practicable.

If the original payment method cannot reasonably receive the refund, OSHONIC may request reasonable information from the customer to arrange another appropriate refund method.

The cancellation calculation will be based on the original cancelled order and the policy applicable to that order, rather than on future product prices.

If a replacement order is subsequently cancelled

Once an Order Transfer has been applied to a replacement order, it becomes payment toward that replacement order.

If the replacement order is later voluntarily cancelled, the cancellation provisions applicable to that replacement order may apply. OSHONIC is not required to provide repeated 12-month Order Transfers for successive change-of-mind cancellations.

Nothing in this section limits any right or remedy available under the Australian Consumer Law.

8. Special Orders, Custom Orders and Specifically Procured Products

Some products may be specially ordered, custom configured, specifically procured, imported, manufactured, modified or reserved from incoming stock at the customer's request.

Where an order is identified before purchase as a special order, custom order or specifically procured order, additional cancellation conditions may apply.

These conditions may include reasonable non-recoverable:

• supplier charges;
• manufacturing charges;
• customisation charges;
• international or domestic freight;
• import-related costs;
• supplier deposits;
• warehouse or handling costs; and
• other costs specifically incurred because of that customer's order.

Any material additional cancellation condition for a special-order product will be communicated before the order is confirmed where reasonably practicable.

Where OSHONIC has incurred non-recoverable costs specifically for a customer order, those reasonable costs may be recoverable to the extent permitted by law.

Nothing in this section affects a customer's rights where the product is faulty, misdescribed, incorrectly supplied or OSHONIC otherwise fails to meet an applicable legal obligation.

9. When the Change-of-Mind Cancellation Fee Does Not Apply

The standard change-of-mind cancellation fee does not apply where:

• OSHONIC cancels the order and the cancellation is not caused by the customer's breach or request;
• OSHONIC is unable to supply the product as agreed and no acceptable alternative is agreed;
• OSHONIC and the customer expressly agree in writing that an order may be changed without a cancellation fee;
• the cancellation results from OSHONIC failing to meet a legal obligation; or
• the customer is otherwise legally entitled to cancel the transaction or receive a remedy without such a fee.

10. Changes to a Confirmed Order

Requests to change a product, model, quantity, colour, configuration, delivery address or other order detail must be made before dispatch or collection and are subject to OSHONIC's written confirmation.

OSHONIC will make reasonable efforts to accommodate requested changes but cannot guarantee that changes can be made after stock has been allocated, goods have been prepared, supplier commitments have been made, freight has been arranged or fulfilment has commenced.

Where a requested change effectively requires cancellation of an existing product or order and creation of a replacement order, the cancellation provisions in this policy may apply.

Any additional product price, delivery charge or other agreed amount arising from an approved change must be paid before the revised order is dispatched or collected, unless otherwise agreed in writing.

Where a discount was expressly conditional upon purchasing a particular combination, quantity or package of products, cancelling or changing part of that order may result in the retained products being recalculated without the conditional discount, where this was disclosed as part of the offer.

11. Failure to Pay the Balance or Complete the Order

Where an agreed balance remains payable, the customer is responsible for paying that balance by the agreed due date or before release of the goods, as applicable.

If a customer does not pay an amount when due, does not respond to reasonable attempts to complete the transaction, or clearly states that they will not proceed with the confirmed order, OSHONIC may provide written notice requiring the customer to complete the order within a reasonable period.

If the customer does not do so, OSHONIC may treat the order as a customer-initiated cancellation and apply the cancellation provisions in this policy to the extent permitted by law.

This section does not apply where the customer's refusal to proceed arises from a legal entitlement to cancel the order or receive another remedy.

12. Orders Already Dispatched or Collected

Once an order has been dispatched or collected, OSHONIC does not accept cancellation, return, exchange or refund merely because the customer has changed their mind.

An order is generally considered dispatched once it has been handed to a freight carrier, courier or other delivery provider.

An order is generally considered collected once the product has been released to the customer or to another person collecting with the customer's authority.

Refusing delivery, failing to accept delivery, failing to collect an order, requesting that a carrier return a shipment, or being unavailable to receive an arranged delivery does not automatically create an entitlement to a refund or change-of-mind return.

Reasonable freight, storage, redelivery, return-to-sender or additional handling costs caused by customer instructions, non-collection or failed delivery may be payable by the customer where permitted by law and where appropriately disclosed.

This section does not affect rights relating to goods that are faulty, damaged, incorrectly supplied, not as described or otherwise fail to meet an applicable consumer guarantee.

13. Delivery and Transit Damage

OSHONIC products may contain ceramic, electronic, mechanical and other components that require appropriate care during transportation.

Customers should inspect the external packaging and product as soon as reasonably possible following delivery.

Where practical, if packaging shows signs of significant impact, crushing, tearing, puncture, water exposure or other damage, customers should:

• photograph the external carton from several angles;
• take close photographs of the affected areas;
• record visible damage on the delivery documentation where that facility is available; and
• contact OSHONIC promptly.

72-Hour Transit Damage Notification Requested

Where reasonably possible, customers are requested to notify OSHONIC of visible or suspected transit damage within 72 hours of delivery.

Prompt notification assists OSHONIC in preserving evidence and investigating the matter with the freight provider.

When reporting transit damage, please provide where reasonably available:

• your name;
• order or invoice number;
• delivery date;
• product model;
• a description of the damage;
• photographs of all sides of the external carton;
• photographs of internal packaging;
• photographs of the affected product from multiple angles;
• a photograph of the product identification or model label; and
• delivery documentation where available.

Where reasonably possible, customers should retain the product, carton, protective materials and internal packaging until OSHONIC advises that they are no longer required for assessment.

A product showing obvious physical damage should not be installed, connected or operated before OSHONIC has been contacted and the damage has been reviewed.

The requested 72-hour notification period is for efficient freight investigation. It does not extinguish, reduce or shorten any right or remedy available under the Australian Consumer Law.

14. Missing, Incorrect or Incomplete Orders

If you believe an incorrect product has been supplied, an item is missing or your order is incomplete, please contact OSHONIC as soon as reasonably possible.

Please provide your order or invoice number together with photographs of the products, packaging, labels and relevant delivery documentation where reasonably available.

Please do not install or use a product that you reasonably believe has been supplied incorrectly before contacting OSHONIC.

15. Installation and Product Suitability

Correct installation is important to the safe and reliable operation of OSHONIC products.

Products should be installed in accordance with applicable laws, the documentation for the relevant model and by appropriately qualified or licensed tradespeople where required by law.

Installation requirements may differ between products and models.

The customer and installer should verify relevant matters including:

• product dimensions and clearances;
• toilet set-out and drainage;
• water supply;
• water pressure and flow;
• electrical supply;
• backflow requirements;
• access for future servicing; and
• any model-specific installation requirement.

OSHONIC supplying a product does not mean that OSHONIC has undertaken or accepted responsibility for plumbing, electrical installation or other site work unless that service has expressly been agreed in writing.

16. Reporting a Fault or Product Issue

OSHONIC supports legitimate claims relating to product faults and manufacturing defects in accordance with applicable warranty terms and the Australian Consumer Law.

A reported problem does not automatically establish that a product has a manufacturing defect. OSHONIC may reasonably assess, inspect, test or troubleshoot the product to identify the nature and cause of the reported issue and determine the appropriate remedy.

Customers may be requested to provide information reasonably relevant to the assessment, including:

• proof of purchase;
• product model;
• serial or identification information;
• purchase and installation dates;
• installation information;
• photographs;
• video showing the issue where appropriate;
• plumbing or electrical information where relevant;
• details of troubleshooting already completed; and
• other information reasonably necessary to assess the claim.

OSHONIC's assessment process does not remove or reduce any right the customer has under the Australian Consumer Law.

17. Assessment and Troubleshooting

Depending on the nature of the reported issue, OSHONIC may reasonably request safe troubleshooting, photographs, video, installation information, model or serial details, or inspection of the product.

Customers should provide reasonable cooperation necessary for OSHONIC to identify the issue and determine an appropriate remedy.

Assessment may include determining whether the issue:

• is a manufacturing or product fault;
• is a minor or major failure for the purposes of applicable consumer law;
• arises from installation;
• arises from an external plumbing, electrical, water-supply or site condition;
• results from misuse, accidental damage or unauthorised modification; or
• requires further technical assessment.

18. Installation, Misuse and External Causes

A problem is not necessarily a manufacturing or product defect merely because the product does not operate as expected.

Depending on the circumstances, an issue may arise from:

• incorrect or non-compliant installation;
• installation contrary to supplied instructions;
• external plumbing faults;
• external electrical faults;
• voltage, power-supply or electrical issues;
• water-supply conditions outside the product's documented requirements;
• accidental damage;
• misuse, abuse or neglect;
• unauthorised modification, dismantling or repair;
• physical impact or damage occurring after delivery or collection;
• failure to carry out required maintenance; or
• use contrary to documented product requirements.

Whether any of these circumstances applies will depend on the facts of the individual claim.

Where the issue was caused by a matter for which OSHONIC is not responsible, the costs of rectification may be the customer's responsibility.

Nothing in this section excludes any liability, guarantee, right or remedy that cannot lawfully be excluded.

19. Unauthorised Repairs and Third-Party Costs

Unless urgent action is reasonably necessary to prevent injury, property damage or another immediate risk, customers should contact OSHONIC before arranging:

• third-party repairs;
• replacement parts;
• product removal or reinstallation;
• disposal;
• return freight;
• plumber or electrician attendance for which reimbursement will be sought; or
• other remedial work for which payment or reimbursement from OSHONIC will be requested.

OSHONIC does not automatically accept responsibility for costs independently incurred without first being given a reasonable opportunity to assess the reported issue and arrange an appropriate remedy.

Any entitlement to reimbursement for reasonably foreseeable loss, damage or other costs will be determined according to the Australian Consumer Law and the circumstances of the claim.

20. Product Assessment Where No Covered Fault Is Found

Where a customer reports a suspected product fault and assessment reasonably determines that:

• no product fault exists;
• the issue results from installation;
• the issue results from an external plumbing, electrical or water-supply condition;
• the product has been damaged, misused or modified;
• the issue is maintenance-related; or
• the matter is otherwise not one for which OSHONIC is legally responsible,

OSHONIC may charge reasonable inspection, testing, transport, collection or related costs where permitted by law.

Where reasonably practicable, OSHONIC will advise the customer of potential chargeable assessment costs before those costs are incurred.

No charge is imposed merely because a customer makes a legitimate warranty or consumer guarantee claim.

21. Returning Large, Heavy, Fragile or Installed Products

Some OSHONIC products are large, heavy, fragile or may already have been installed. Return, inspection, collection and transport arrangements therefore depend on the circumstances.

Customers should not independently arrange freight for a large, heavy or fragile product without first contacting OSHONIC.

Where the Australian Consumer Law requires OSHONIC to collect faulty goods or bear reasonable transportation costs because the goods are large, heavy, installed or otherwise difficult to return, OSHONIC will meet those obligations.

Where a return is voluntary and not legally required, any freight, handling, collection and condition requirements will be agreed before the product is returned.

22. Remedies for Faulty Products

The remedy available for a faulty product depends on the nature and seriousness of the issue and the customer's rights under the Australian Consumer Law.

For a failure that can lawfully be remedied by the supplier, OSHONIC may provide an appropriate repair or replacement remedy within the requirements of the Australian Consumer Law.

Where a product has a major failure, the customer has the remedies provided by the Australian Consumer Law, which may include the customer's right to choose between a refund and replacement where applicable.

Reporting a suspected fault does not by itself establish that a refund is required before the product and issue have been reasonably assessed, subject always to the customer's mandatory legal rights.

23. Proof of Purchase

OSHONIC may request reasonable proof of purchase when assessing a cancellation, refund, return, warranty or consumer guarantee claim.

Suitable proof may include:

• an OSHONIC order confirmation;
• tax invoice;
• receipt;
• payment record; or
• another reliable record reasonably demonstrating that the product was purchased directly from OSHONIC.

24. Refunds

Where a refund is agreed or legally required, OSHONIC will ordinarily process the refund using the original payment method unless another method is agreed or required by law.

Once OSHONIC has submitted a refund, any additional processing time imposed by a bank, card issuer or payment provider is outside OSHONIC's direct control.

Where a card transaction was authorised but had not yet finally settled at the time of cancellation, OSHONIC may process the appropriate reversal, void or refund through the relevant payment provider.

The voluntary change-of-mind cancellation fee described in this policy does not apply to a refund that OSHONIC is legally required to provide because of a product failure or another entitlement under the Australian Consumer Law.

25. Manufacturer Warranty and Consumer Guarantees

Any OSHONIC manufacturer, express or voluntary warranty operates in addition to, and does not replace, rights provided under the Australian Consumer Law.

Expiry of a voluntary warranty does not automatically mean that all rights under the Australian Consumer Law have ended.

Warranty and consumer guarantee claims will be assessed according to the relevant product, circumstances and applicable law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Where the law gives a customer a right to a refund, replacement, repair, compensation or another remedy, OSHONIC will provide the remedy required by law.

26. Policy Version Applicable to an Order

The policy version made available in connection with an order at the time the order is confirmed applies to that order, subject to applicable law.

OSHONIC may amend this policy from time to time for future transactions.

A later policy amendment will not retrospectively impose a new or less favourable cancellation charge, remove an existing legal right or otherwise alter an existing contract where OSHONIC is not legally entitled to do so.

27. Severability and Mandatory Law

If any provision of this policy is found to be invalid, unenforceable or inconsistent with mandatory law, that provision will apply only to the maximum extent permitted by law.

Where legally possible, the remaining provisions will continue to operate.

Nothing in this section limits any mandatory consumer right or remedy.

28. Governing Law

This policy and direct OSHONIC transactions are governed by the laws applicable in Victoria, Australia, subject to any mandatory law or jurisdiction that applies to the customer or transaction.

29. Contact OSHONIC

For cancellation requests, delivery issues, transit damage, incorrect orders, faults, returns or refunds, please contact OSHONIC before taking further action so that the matter can be assessed and appropriate instructions provided.

A2N2 Pty Ltd trading as OSHONIC
Khosh Business Centre
Unit 3/543 Cooper Street
Epping VIC 3076
Australia

Email: hello@oshonic.com.au
Website: oshonic.com.au