Toggle Nav
Menu
Search
My Cart

We’re just getting started: Can’t locate your Dealer? Find out why.

Purchase Terms & Conditions

Purchase Terms & Conditions

1. Introduction

  1. These Purchase Terms and Conditions (Purchase Terms) are the terms that govern the sale and purchase of Stihl products between you (as the purchaser) and the applicable Stihl dealer or distributor (as the seller) (Stihl Dealer) through the website [https://shop.stihl.com.au] (Site) operated by Stihl Australia Pty Ltd ABN 76 004 881 145 (Stihl AU).
  2. By checking out and submitting an online Order on the Site, you are offering to purchase the Stihl products specified in the Order, at the prices specified in the Order, from the Stihl Dealer specified in the Order, and subject to these Purchase Terms.  Your offer is only accepted by the Stihl Dealer when your payment has been accepted and confirmed by the Site, and an order confirmation is sent by the Stihl Dealer to your email.  If and when your offer is accepted, a separate purchase agreement is formed between you and the Stihl Dealer (Purchase Agreement).
  3. While Stihl AU operates the Site, Stihl AU does not sell or supply the products to you, and is not a party to the Purchase Agreement.
  4. You warrant that you are over 18 years of age.
  5. The Purchase Terms have been prepared in accordance with Australian law, and may not satisfy the laws of other countries.
  6. These Purchase Terms may be varied from time to time without notice.  However, the version of the Purchase Terms applicable at the time the Purchase Agreement is formed will continue to apply to that Purchase Agreement notwithstanding any changes made to the Purchase Terms.

2. Definitions

In these Purchase Terms, unless the context requires otherwise:

  1. Stihl Dealer means the Stihl dealer or distributor who is the seller and supplier of the products that you have ordered, as specified in the Order;
  2. Order means an online order that you have completed and submitted (via the “check out” function) on the Site;
  3. Order Price means, in respect of each Order, the total amount that you are required to pay (including GST, delivery charges and payment administrative charges if applicable);
  4. Product means the Stihl product that you have purchased on the Site; and
  5. Site means the Stihl branded online web store located as [https://shop.stihl.com.au].

 

3. Ordering and purchase of Products

  1. You place an Order when you complete the order form on the Site and select the “check out” function.  If you have a registered Stihl customer account (STIHL ID), then the Site may auto-populate some of the details from your customer account details when you complete the Order.  You are responsible for reviewing and verifying that all details on the Order (including the selected Product, the Order Price, your selection of the Stihl Dealer, delivery or collection preference, billing and delivery addresses) are accurate.  You consent to Stihl AU and the Stihl Dealer collecting, storing, using and disclosing the information on your Order for the purpose of processing and fulfilling your Order.
  2. You acknowledge that the purchase prices displayed on the Site are the recommend retail prices of the Products, and that you may be able to find a lower price in store or by contacting a Stihl Dealer directly.  When you place an Order to purchase from the Site, the Order Price of the Product payable by you will be displayed on the Order.
  3. Unless expressly stated otherwise, the Order Price is expressed and payable in Australian Dollar.
  4. You must pay the Order Price when you place an Order at check out.  The Site accepts payment from various payment methods.  The eligible payment methods are shown to you at checkout.  Some payment methods may attract additional charges, which will be shown as part of the Order Price.  However, the Order Price will not show any fees or charges that may be imposed on you by a third party in connection with your choice of payment method.  You remain responsible for such fees and charges.
  5. Stihl AU, as the operator of the Site, will collect payment of the Order Price on behalf of the Stihl Dealers.  Payments are processed by Stihl AU’s payment processor.
  6. You warrant that all payment method information provided by you is complete and accurate, and that you are authorised to use the payment method.  You must ensure that you have sufficient funds available for payment.  If your payment method is declined, your Order will be cancelled.
  7. Processing and acceptance of payment of the Order Price does not indicate that your Order has been accepted.  The Stihl Dealer will specify when your Order is ready for collection. 

 

4. Delivery and collection of Products

  1. You may choose your preferred collection or delivery method when completing your Order.  Some products may not be suitable for delivery due to the nature of the product.  These products will need to be collected from the Stihl Dealer’s store.
  2. You will be required to provide acceptable identification to collect the Products from the Stihl Dealer’s store.  If you are not the person collecting the Products, then your representative must provide the Stihl Dealer with identification and evidence of their authority to collect the Products on your behalf.  You acknowledge that the Stihl Dealer may record the details of the identification and authority provided in relation to collection of Products.
  3. Delivery lead times will vary, please refer to the information on the Site.  All delivery dates are estimates, and delay in delivery does not relieve you from your obligation to accept delivery of and pay for the Products.  Stihl AU and the Stihl Dealer will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your Products.
  4. The Products will be deemed to have been delivered to you, and you will be deemed to have accepted delivery, if the delivery carrier’s tracking system states that delivery has occurred or when you collect the Products from the Stihl Dealer.  If the delivery address is not attended, then the delivery carrier will follow its customary procedures for undelivered goods, which may include leaving a note requesting you to the pickup the Product or leaving the Product at the delivery address.
  5. Subject to you making full payment, title in the Products will pass to you upon delivery or deemed delivery of the Products, or when you collect the Products from the Stihl Dealer.  Risk in the Product will pass to you on the earlier of the dispatch of the Product by the Stihl Dealer and collection of the Product by you.

 

5. Cancellation

  1. If you need to cancel an Order after the Order is confirmed, please contact the Stihl Dealer you purchased Products from to process the cancellation.  Cancellation requests can be made at any time before the posting or collection of your Order.
  2. To the extent permitted by law, the Stihl Dealer may at any time prior to collection or delivery of the Product cancel your Order (even if previously accepted) for any reason including:
    (1) your payment is subsequently cancelled or dishonoured;
    (2) the Product is out of stock;
    (3) errors on the Site in relation to the Product including incorrect prices, descriptions or illustrations or typographical errors; or
    (4) the Stihl Dealer or Stihl AU reasonably suspects fraudulent activity or breach of these Purchase Terms by you.
    The Stihl Dealer will make reasonable efforts to contact you and discuss your options including a refund for the unavailable Product.

 

6. Returns and refunds

  1. The Products come with guarantees that cannot be excluded under Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and that failure does not amount to a major failure.  Nothing in this Agreement excludes or limits your rights under the Australian Consumer Law that cannot be lawfully excluded or limited.
  2. The Stihl Dealer also allows Products purchased on the Site to be returned or exchanged if you change your mind provided that the return or exchange occurs 14 days from the time of purchase (or the time of delivery where delivery is offered by STIHL Dealers and selected by you), and the Product must be returned unused and in the same condition that you received it (eg no fuel in tools).  The Product must also be in the original packaging and you must present proof of purchase (such as the online invoice or order confirmation).
  3. If you select “Click & Collect” to collect the Product from the STIHL Dealer during purchase, as part of our service we assemble any tools prior to collection.  STIHL Dealers will accept Products that have been assembled by the STIHL Dealer’s store staff as a return.
  4. If you are entitled to a refund, you will receive your refund by the same method of payment that your purchase was made, and it could take 2 to 3 working days before the amount is credited to credit cards.  No cash refunds will be provided.
  5. This clause (and these Purchase Terms) do not apply to in store purchases.  If you choose to purchase an item in-store, the applicable in-store refund process and policy will apply, which may be different from this clause.
  6. As Stihl’s stores are independently owned and operated,  we request you make any returns or exchanges to the STIHL Dealer from whom you purchased the Product (as stated in the Order).  You are responsible for returning the Product to the store at your expense.  You will be given paperwork as proof of your return which will be authorised by the store staff.

 

7. Liability

  1. To the maximum extent permitted by law (and subject at all times to any rights you may have under the Australian Consumer Law), Stihl AU and the Stihl Dealer will not be liable to you in any circumstances for: (a) any indirect, economic, punitive, exemplary, special or consequential loss or damage, or (b) for any property damage, personal injury, death, loss of use, loss of revenue, loss of production, loss of profit or loss of data.
  2. Without limiting clause 7(a), to the maximum extent permitted by law (and subject at all times to any rights you may have under the Australian Consumer Law), Stihl AU’s and the Stihl Dealer’s liability to you on any basis and in any circumstances (including liability for negligence) in connection with the Purchase Agreement will not exceed the Order Price that you have actually paid under the Purchase Agreement.

 

8. Privacy

  1. The information about you on the Order will be collected by Stihl AU and the Stihl Dealer in accordance with the privacy policy.
    In general, Stihl AU and the STIHL Dealer collects, uses, holds and discloses your information on the Order in order to the process and fulfil your Order, to answer queries regarding your Order and Products, and to offer or provide aftersales support in relation to your purchased item.  
  2. Stihl AU may also collect, hold and use your personal information for a number of other business purposes, as set out in Stihl AU’s privacy policy.  
  3. Stihl Dealers may also collect, hold and use your personal information for a number of other business purposes, as set out in the privacy policy.
  4. The privacy policy also sets out more details about how Stihl AU or Stihl Dealers (as applicable) handles your personal information, including information about how you can access and correct the personal information that they hold about you and how to lodge a complaint relating to treatment of your personal information and how the complaint will be dealt with.
  5. If you choose not to provide your personal information, you will not be able to complete and submit the Order.
  6. Your personal information may be disclosed to the related entities, contractors, agents, suppliers and service providers of Stihl AU or the Stihl Dealers, and to government bodies and regulatory authorities (where required or authorised by law).
  7. In some circumstances, your personal information may be disclosed to recipients outside Australia, including Germany and any other countries listed in the privacy policy from time to time.

 

9. General

  1. The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
    If any provision of the Purchase Agreement is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from the Purchase Agreement and will not otherwise affect the validity and enforceability of any remaining provisions.
  2. The Purchase Agreement is not subject to any terms or conditions proposed by you.
    Failure of either party to enforce any right it has under the Purchase Agreement will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.
  3. The Purchase Agreement is governed by the laws of the State of Victoria, Australia.  The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.
  4. Failure of either party to enforce any right it has under the Purchase Agreement will not be construed as a waiver of those rights, nor limitation upon the party’s ability to subsequently exercise those rights.
  5. The Purchase Agreement is governed by the laws of the State of Victoria, Australia.  The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia.