A. Terms of Sale
In store purchases and provision of services
You must be at least eighteen years of age to purchase products through our online store. You may not purchase products through our online store for the purpose of re-supply or resale.
- Product Descriptions and Specifications
Product specifications set out on the website, such as features and product descriptions may be subject to change at any time without notice to you. Product dimensions and weights are approximate values only.
- Prices and related charges
Charges, fees, rates and all other payments relating to your purchase of products through our website are as stated on the relevant website pages at the time you place your order. All amounts stated are in Australian Dollars, unless otherwise specified. The amount you are charged will be the amount stated on the website at the time you place your order plus any applicable GST (if not included in the price as stated). Prior to placing an order, prices are subject to change at any time without notice to you. Any special offers we may advertise may be for a limited time or quantity and are generally not guaranteed to be available at the time you place your order.
By placing an order, you agree to pay the purchase price specified on the website at the time of your order, any applicable GST and any other governmental charges, and all delivery fees and charges advised to you at the time of placing an order.
Please note that additional terms may apply to certain products we supply which may be advised to you at the time of placing your order or which may be included within the packaging upon delivery (for example, specifications for use, safety notices or limitations on warranties and liability). You agree to all terms notified to you at the time of placing an order. If you do not agree to additional terms contained within the product packaging you must notify us and return the product to us (unused) within 7 days of its receipt by you. Your failure to do so will constitute your acceptance of such additional terms.
Any order is an offer by you to purchase the products you have indicated and to be bound by these terms. Each order we accept constitutes a separate agreement between you and us.
Rejection of an order. We may, in our discretion, reject an order for business reasons such as:
- insufficient supply of a particular product;
- incorrect pricing or product description on the Website;
- inability to arrange delivery to your location;
- our opinion that an order is for the purpose of resale or that an order (or series of orders) is for a commercial quantity of the products we supply; or
- where your payment has not been received by us or your previous payment(s) have been overdue.
Confirmation of order. We will endeavor to send you either a confirmation email when your order has been accepted or an email to advise if your order has been rejected.
The applicable purchase price and all other fees and charges must be paid by you at the time of placing an order. Payments can be made via the third party payment system provided on the website. The security of your payments is dependent upon the security of the third party payment systems provider(s). While we use third party payment system provider(s) who we believe to be reliable, we in no way guarantee or make any recommendations as to the security or reliability of their systems. Any use of their payment systems is entirely at your risk and you agree that, to the extent permitted by law, we are in no way responsible for any use of the information you provide through that system, failures or errors in processing payments, inadequacy in the security measures or failures in the security of the payment systems. Should you prefer, you may contact us directly on (+61) (02) 9649 2334 or firstname.lastname@example.org to arrange an alternative payment method.
If there is a problem processing your payment after your order has been processed by the website, we may cancel your order.
- Cancellation and variation of orders
By you: If you wish to cancel or vary an order you should contact us immediately on (+61) (02) 9649 2334 or at email@example.com . Where you cancel an order prior to receiving a confirmation of the order no charges will be payable by you. Following confirmation of an order, any requested cancellation or variation will be at our discretion and may incur cancellation or variation charges which we will notify to you. Orders cannot be cancelled once they have been dispatched for delivery to you.
Cancellation charges: Where we cancel your order due to unavailability, faulty products, incorrect pricing or description or inability to arrange delivery to your location, you will not be charged for the order and any amount already paid by you will be refunded in full. However, in all other cases of cancellation charges may be payable for an amount representing any expenses we incur in processing and cancelling your order – such as administrative charges, delivery charges and any other amount by which we may be (or become) out of pocket due to the cancellation. In all cases and to the extent permitted by law, you will have no further rights against us in respect of any cancellation.
Delivery services will generally be provided by a third party delivery service (“delivery service”). While the online store enables you to book delivery using the delivery service, we will book delivery on your behalf and you use the delivery service on the basis that you assume all risk associated with the transport of the product(s) including possible damage during transit. If you do not accept those risks, you should contact us to arrange an alternative method or delivery.
Charges associated with delivery through the delivery service are as set out on the Website or advised to you prior to purchase. Charges may depend upon the size and weight of products and their destination. You agree to pay the delivery charges stated in your order confirmation. Products will not be delivered to you until all charges for the products and delivery are paid for by you in full. Delivery charges are based upon ground floor front-door delivery. If you have additional delivery requirements, further charges may apply which are not specified on the website. For any item over 25 kg you may be required to provide or arrange assistance in carrying the item from the delivery vehicle.
Delivery times stated on the website are offered as general guidance only. We endeavor to dispatch products within timeframes that enable the delivery service to meet the delivery times stated but this will not always be the case. You agree that delays may occur, such as where products are not immediately available or for reasons associated with the delivery service.
In general, the method of delivery will be notified to you prior to your submitting an order. In some cases, we may need to change the delivery method. No additional delivery charges will be incurred by you without your prior agreement.
Where you order several products within the one order, these products may be delivered separately.
Unless we specifically agree otherwise, products are only delivered within Australia and our ability to organize delivery to your location is subject to the delivery service. Once goods have been dispatched to the delivery service, it is your responsibility to liaise with the delivery service in relation to the timing and requirements for delivery. If we provide you with any information about the status or tracking of your order (once dispatched), we will be relaying information provided by the delivery service and do not guarantee the accuracy of such information.
We or the delivery service may need to contact you for additional delivery instructions or to arrange a delivery time. Depending upon the type of delivery service, you may be required to be present to accept delivery of your product(s). If you are not present at the required time, then the product may not be delivered and you may be charged an additional delivery fee. You agree that any person who is present at the delivery address you have specified is authorized by you to accept delivery of the products on your behalf. At times we or the delivery service may advise you of other requirements of you in relation to the delivery of the products and you agree to comply with these directions. If you authorize the delivery service to leave products at the nominated delivery address without a signature, you assume all risk in relation to the receipt of the products and release us from all liability should the products not be received by you.
- Communications with you
In general, all communications with you in relation to your order will be by email. You agree that notices and all other communications are effectively given to you if they are sent to your last advised email address. It is your responsibility to ensure you keep us up to date with your current working email address and to check your email address regularly for correspondence from us in relation to your order. You should also add us to your email contacts book and check to ensure our emails do not get filtered out to your “junk” email folder without your awareness or get blocked by your firewall.
- Guarantees, returns and refunds
Applicable guarantees and your rights to a return or refund are set out below under part C below – “Disclaimers, Liability, Returns and Refunds”.
Product safety and use in accordance with product specifications.
If you purchase any product from us, you must ensure you always follow any product safety or other general product information, use any product in a prudent and sensible manner and as would be reasonably contemplated by the manufacturer and that your use of a product is strictly in accordance with any specifications included with the product or advised to you by us or the manufacturer.
We and/or the manufacturer (as applicable) retain all intellectual property rights in or associated with any products you purchase. You undertake that your use of any products in no way infringes our or the manufacturer’s intellectual property rights.
B. Use of the website generally
License to use the website
- to find out information about our business and the products and services we offer;
- to purchase products we make available online; and
- to contact us.
You may also print a copy of any page within the website for your own personal use.
Prohibitions as to your use of the website
- to bring us or the website into disrepute;
- in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation;
- in any way that impersonates another person or entity or uses another person’s details without their permission;
- for the purpose of commercial resupply of products or services offered over or available from the website;
- to collect data from the website for any commercial purposes such as through price or information scraping;
- to alter, modify, reproduce, transmit or distribute any material on the website without our prior written consent;
- in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website;
- to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website;
- to conduct or forward surveys, contests, pyramid schemes or chain letters;
- to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages;
- to change or attempt to change the presentation, content or layout of any part of the website;
- to attempt to probe, test or circumvent the security aspects of the website;
- to use any code or device referring to the website or otherwise to our network(s) to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Microsoft Explorer);
- to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website (except to the extent permitted by law); or
- to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of the website or another’s computer.
The website functionality is a dynamic part of our business and may change over time. In general, changes to website functionality will happen without you receiving notice and may include:
- addition or removal of content and/or services;
- addition of new features or variations to existing features (such as look and feel and the user interface); and
- restricting use of any available news groups and/or other messaging service(s).
If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and this agreement.
You agree to comply with all reasonable security procedures which we may require. If you suspect or know of any unauthorized use of the website, you must contact us immediately.
The website may contain links to or from other external websites not operated by us (“linked sites“). The linked sites are not under our control and we are not responsible for the contents of or transmissions from any linked site. Where we provide links, we do so for your convenience only and in no way endorse or recommend the linked site, its products or services. By using a link to an external website, you accept the risk of any viruses, Trojan horses or worms associated with that website or any other negative impact it may have upon your computer.
Please contact us to request permission if you would like to link to, frame or mirror any part of the website or to include a link in content you provide through a messaging service. You should not proceed without our express permission. However, since we cannot control external websites linking to our website, any links should not be considered as our endorsement of any external website or business.
Advertising and descriptions of third party products
Any advertising on the website or descriptions of third party products do not represent our endorsement of or warranties in relation to whatever is being advertised or described.
Intellectual property rights etc.
The website, products available over the website and our communications with you may contain material that is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You must ensure you do not breach those rights and obligations and comply with any limitations on use, reproduction and/or dissemination. You may not:
- re-use any content or website service in providing your own publications, website, other type of distribution service(s) or for the purpose of commercial re-supply; or
- reproduce content without our express permission or the permission of the copyright owner (except that you may print a copy of any page within the website for your own personal use).
Provision of the website, including any related content and services, may include the sublicensing of third party content, software, information systems and/or other material.
Information about you
C. Disclaimers, Liability, Returns and Refunds
- Products purchased online: unless specifically set out on the website, any products purchased from the online store are provided without any recommendations by us as to their suitability for your purposes or their features or characteristics. Prior to purchasing any product through our online store you should make your own investigations as to its quality and suitability for your purposes;
- Delivery services: delivery times and dispatch dates stated on the website are estimates only. You acknowledge that delays in shipping and transit do occur. To the extent permitted by law, we make no representations or warranties as to the services provided by the delivery service, including as to their timeliness, reliability or the quality of those services and we will not be responsible for any delays in delivery or damage caused to products during transit;
- The website generally: the website, website functionality, messaging service(s) and all content are provided “as is”, may contain inaccuracies and/or errors, may be unsuitable for your requirements and purposes and may not provide the results you desire. We make no representation about the suitability, reliability, security, availability, timeliness or accuracy of any website functionality, messaging service(s), information, software, products, services and related graphics contained on the website. For business, technical and other reasons, the website may not operate on a continuous basis and may be unavailable from time to time, such as for maintenance purposes. Operation of the website and your access to certain website functionality may also be temporarily or permanently suspended for various reasons and at our discretion;
- The website – content and product descriptions: at the time you view certain content on the website, it may be out of date, not true for the location(s) relevant to you or otherwise contain inaccuracies or errors. We make no endorsements and no representations or statements as to the reliability, accuracy or suitability of any content, product and service descriptions or advertisement for your specific purposes. You need to make your own independent inquiries and verifications as are appropriate and, to the extent permitted by law, you assume full responsibility for any reliance you place on any advertisements, descriptions of goods for sale or services we offer or other content on the website; and
- Disclosure of personal information: disclosure of any personal information on the website or on a messaging service is at your own risk. The website and messaging service(s) (including email) cannot be relied upon as being secure from unauthorized use or attack – in deciding what to send using a messaging service, you should assume that the messaging service(s) are not secure and exercise caution.
YOUR LIABILITY TO US
You agree to indemnify us from and against all losses, damages, costs and expenses of any nature whatsoever which arise out of or in relation to your use of any products outside our or the manufacturer’s specifications, your failure to follow safety guidelines or to use any product in a prudent and sensible manner and as would be reasonably contemplated by the manufacturer, your use of the website, your breach of this agreement, your breach of any law or regulation or your breach of the legal rights of any person.
OUR LIABILITY TO YOU
To the maximum extent permitted by law and subject to the terms included under the heading “Warranties, Returns and Refunds” below:
- You assume all risk: your use of the website, any messaging service(s), any content and our products and services is on the basis that you assume responsibility for all associated risks, whether or not foreseen, and that we are in no way liable or responsible except as set out in this section;
- Limitation of liability:
In summary: we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect, whichever is less.
In legal terms: our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:
- the fees, charges and/or other costs we have charged you (or if we have not charge you any fees, $10); or
- the cost of us remedying any defect.
Exclusion of consequential loss: To the extent permitted by law, we will in no circumstances be liable for loss of use, loss of goodwill, loss of production, loss of profit or revenue, loss of business opportunity, interest or reputation, loss of data, loss of contract or anticipated saving, loss of any financing costs or increase in operating costs, loss or damage due to business interruption or any other economic, special, indirect, or consequential loss, punitive or exemplary damage or expense, however incurred in connection with your purchase from us (including through negligence) and regardless of whether the loss or damage was reasonably foreseeable.
Liability limited by this section 3 includes liability in any way related to the following matters and any resulting losses, costs, expenses or damages incurred in relation to:
- the interruption of an order or failure to correctly process an order due to internet disruptions;
- information about delivery, the delivery and delivery times of goods or damage to goods in transit;
- delays in processing orders, shipping or transit;
- products and services we supply (to the extent permitted by the Australian Consumer Laws and any other applicable laws and regulations);
- the website, including any website functionality and any messaging service(s);
- the security of the website, website functionality and any messaging service(s);
- links by external websites to or from the website and the linked sites;
- advertising on the website;
- content, including product and service descriptions, and/or your reliance on any content;
- support we may provide to you; and
You also agree to waive any claim which you may otherwise have against any of our third party suppliers.
To the extent that any provision purporting to limit our liability is held to be unenforceable, then our liability shall be limited to the maximum extent permitted by law.
WARRANTIES, REFUNDS AND RETURNS
- Your rights if you are not a consumer under the Australian Consumer Law
If you are not a consumer as defined in the Australian Consumer Law, the ‘consumer guarantees’ do not apply to you.
Your rights: Where there is any major form of defect in the product at the time of our supply, your rights are limited to:
- resupply of the product(s) that you claim are defective; or
- the cost of repair or replacement of the product(s).
Exclusions: You will not be entitled to resupply, repair or replacement of the product(s) if any of the circumstances in part 3 below apply to you. Further, you must notify us within 7 days of receipt of the product(s) of any claimed defect and provide proof to our satisfaction both as to your purchase of the product(s) from us and as to the existence of such defect at the time of our supply.
- Your rights if you are a consumer under the Australian Consumer Law
- Consumer Guarantees
Where you purchase goods as a ‘consumer’ you are covered by the Australian Consumer Law (“ACL”). You may be entitled to a refund or repair of the goods (as referred to below) if at the time the goods are supplied by us the goods are:
- Not of acceptable quality – that is:
- the goods are not fit for the purpose for which goods of that kind are ordinarily purchased; or
- the goods are defective; or
- the goods do not last as long as a reasonable person would expect the goods to last; or
- the goods are unsafe.
In determining whether the goods are not of acceptable quality, factors such as the cost of the goods, what we (or our manufacturer) represent to you about our goods and the nature of the goods will be taken into consideration.
Exclusions: You will not be entitled to a refund or repair from us if:
- we drew your attention to a defect in the goods at the time of purchase, but you purchased the goods anyway; or
- you used the goods in a way that they are not intended to be used.
- Not fit for a specified purpose – that is:
- you contacted us prior to purchase and asked us if our product could be used for a particular purpose; and
- after delivery of the product, you discovered that the product could not be used for that purpose.
Exclusions: You will not be entitled to a refund or repair from us if:
- you did not rely on the information we provided to you; or
- it would be unreasonable for you to rely on the information we or our manufacturer provided to you.
- Not what you ordered – that is:
- you ordered goods in accordance with the specifications and/or description on our website; and
- the goods you received were different to the specifications or description of the goods ordered.
- Entitlements under Consumer Guarantees
- Major Failure
After inspection of the goods, if it is determined that there is a major failure in the goods we have supplied to you, you may be entitled to a:
- full refund;
- replacement of the goods; or
- compensation for loss of value in the goods.
A major failure occurs when:
- a reasonable person would not have purchased the goods if they had known about the failure;
- the goods we supplied to you are significantly different from the goods as they were described at purchase;
- the goods were substantially unfit for a purpose that they are usually used for or for a purpose that we promised you the goods were suitable for;
- the goods were unsafe.
Where there is a major failure in the goods, you are entitled to decide whether you would like us to provide to you a full refund, replacement of the goods or compensation for any loss in value of the goods.
- Non-Major Failure
After inspection of the goods, if it is determined that the goods do not meet one of the consumer guarantees, but there is no major failure of the foods, you may be entitled to:
- replacement of the goods; or
- repair of the goods.
Where there is a non-major failure in the goods, we are entitled to decide whether we will replace or repair the goods.
- Circumstances where you are not entitled to a refund or replacement of goods
You will not be entitled to a refund, replacement or compensation from us for goods that we have supplied to you if:
- you change your mind about purchasing the goods;
- you discover that the goods can be purchased at a cheaper price somewhere else;
- you have thrown away, destroyed, lost or damaged the goods (or are otherwise unable to produce the goods for our inspection);
- too much time has passed and you have not notified us about the problem with the goods;
- you have used the goods a lot;
- you are unable to prove that you purchased the goods from us;
- the damage to the goods occurred during transit;
- the failure of the goods relates only to insignificant variations in advertised dimensions, colour, material or finish of the goods or damage to packaging only;
- the failure of the goods is not major and the goods are capable of being repaired within a reasonable time.
You are responsible for returning the goods to us for our inspection unless the cost of returning the goods is significant. We will cover the cost of return in this event if we find the goods to be defective.
In addition to the definitions already set out:
- “consumer” means a purchaser who buys goods costing up to $40,000 or a purchaser who buys goods that cost over $40,000 but only if those goods are normally used for personal, domestic or household purposes, provided that you are not a purchaser if you purchase the goods for resale or resupply or otherwise fall under one of the exceptions to the definition of “consumer” under the Australian Consumer Law;
- “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website or any messaging service ;
- “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively;
- “we”, “us” and “our” refers to NANS TARPS Pty Ltd ACN 082 788 59;
- “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and
- “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate).
(Updated as at August 28, 2015)