We at Ecopower World Pty Ltd (ABN 43 986 927 390) (also referred to as “we” or “our” or “us” or “Ecopower World”) know that our users (“You,” “Your,” “Yourself”, or “End User”) care about how Your personal information is used and shared, and we take Your privacy seriously. We have adopted, are bound by and will protect Your personal information in accordance with the Australian Privacy Principles contained within the Privacy Act 1988 (Cth) as amended from time to time (“Privacy Act”). These principles govern how we can collect, use, hold and disclose Your personal information, as well as ensuring the quality and security of Your personal information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at https://www.oaic.gov.au/.
We do not knowingly collect or solicit Personal Information from anyone under the age of 18 or knowingly allow such persons to register for any service we offer. If you are under 18, please do not attempt to register for any of the services we offer or send any information about yourself to us, including your name, address, telephone number, or email address. No one under the age of 18 is permitted to provide any Personal Information to us including by way of any services we offer. If we learn that we have collected Personal Information from a child under the age of 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 18, please contact us.
WHAT INFORMATION DO WE COLLECT?
We may gather various types of Personal Information from You. We will only gather from You, information that is necessary and relevant to the specific services that we are providing to You. This means that the Personal Information we gather from You may differ depending on the service we are providing to You. We may request and collect the following types of Personal Information:
- information that we may require to identify and contact You, including your name, username, date of birth, phone number, email address and shipping address;
- information that may assist us to confirm Your financial position when You are considering a credit arrangement, including your credit card details, bank details, purchase history and other billing information,
- any additional information that You provide to us directly through our website or indirectly through use of our websites or online presence, through our representatives or otherwise; and
- any other Personal Information required to provide the goods or services to You.
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
How we collect Your Personal Information will depend on the nature of the goods or service that we are providing to You. Our usual approach to collecting Personal Information is to collect it directly from You when You place an order or otherwise contact us. We may also collect Personal Information:
- from paid search providers;
- from third party providers and suppliers;
- from list purchases; and
We do not collect sensitive information from You.
INFORMATION COLLECTED AUTOMATICALLY
When we collect usage information (such as the number and frequency of visitors to the Site and to which pages within the Site), we only use such data in aggregate form and in a manner that assures your anonymity. We may provide this aggregated usage information to our partners who may use such information to understand how often and in what ways people use our Site, so that our partners, too, can endeavour to provide you with an optimal online experience. For example, we may place a cookie on your device that records what products You have viewed on our Site, and then provide that information, in a way that does not identify you, to a third party website to allow such website to show you ads for similar products that are available from us or from third parties.
We may also deliver a file to You through the Site (known as a “web beacon”) from an advertising network with which we have contracted. Web beacons allow advertising networks to provide anonymised and aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to You when you visit other websites. These beacons may, for example, log that You have viewed a certain product on our Site, and then show you an ad for similar products when You browse to another website. Because Your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. Many ad networks participate in the Network Advertising Initiative (“NAI”), a cooperative of online marketing and analytics companies committed to building consumer awareness and establishing responsible business and data management practices and standards, and such NAI members may allow you to opt-out of cookies or beacons they deliver. Again, we do not control the policies of any third parties, including advertising networks.
ANONYMITY AND PSEUDONYMITY
In limited circumstances, You may elect to anonymise Your Personal Information or use a pseudonym so that You cannot be individually identified. If You wish to use a pseudonym or remain anonymous You should notify us when making first enquiries. We will use our best endeavours to deal with Your request. However, in most cases, we will not be able to provide the goods or services to You without knowing your real name.
HOW DO WE USE AND DISCLOSE YOUR PERSONAL INFORMATION
Personal information may also be used or disclosed by us for secondary purposes that are within an individual’s reasonable expectations and that are related to the primary purpose of collection. We may share and use Your Personal Information with third parties for the following purposes:
A) AFFILIATED BUSINESSES AND THIRD-PARTY WEBSITES WE DO NOT CONTROL
In certain situations, businesses or third-party websites we are affiliated with may sell items or provide services to You through the Site (either alone or jointly with us). You can recognise when an affiliated business is associated with such a transaction or service, and we will share Your Personal Information with that affiliated business only to the extent that we deem it related to such transaction or service. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if You choose to take part in any transaction or service relating to an affiliated website or business, please review the policies of all such businesses or websites.
We employ other companies and people to perform tasks on our behalf and need to share Your information with them to provide products or services to You. Unless we inform You otherwise, our agents do not have any right to use the Personal Information we share with them beyond what we deem necessary to assist us in performing such tasks.
C) USER PROFILES AND CONTENT
Certain user profile information, including without limitation, a user’s username and the image content that such user has uploaded to the Site may be displayed to other users to facilitate user interaction within the Site or address your request for our services. Any content You upload to Your public user profile, along with any Personal Information or content that You voluntarily disclose online may become publicly available, and can be collected and used by others. Your username may also be displayed to other users if and when You post comments or upload images through the Site and other users can contact you through such comments.
D) COMPLIANCE REQUIREMENTS
We may: release Personal Information when we believe in good faith that release is necessary to comply with laws; notify the Office of the Australian Information Commissioner about a data breach or report a matter for investigation; enforce or apply our conditions of use and/or other agreements; or protect the rights, property, or safety of us, our employees, our users, or others. We may exchange information with other companies and organisations (including governmental authorities) for fraud protection and credit risk reduction.
E) DIRECT MARKETING
We may contact You by email or other means in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If You indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. For example, we may send You promotional offers on behalf of other businesses, or send You direct marketing communications and information about our products and services that we consider may be of interest to You, or communicate with You about Your use of the Site. Also, we may receive a confirmation when You open an email from us. If You do not want to receive email or other mail from us, please indicate Your preference by changing Your account settings accordingly.
In addition, at any time You may opt-out of receiving marketing communications from us by contacting us (see details below), or by using opt-out facilities provided in the marketing communications and we will then ensure that Your name is removed from our mailing list.
F) WITH YOUR CONSENT
HOW DO WE HOLD AND MANAGE YOUR PERSONAL INFORMATION?
We endeavour to protect the privacy of Your account and the Personal Information we hold in our records, by:
implementing security systems for protecting Personal Information from misuse, interference and loss from unauthorised access, modification or disclosure;
appropriately supervising staff who regularly handle personal information;
implementing mechanisms to ensure any agents or contractors who deal with us comply with the APPs;
implementing procedures for identifying and reporting privacy breaches and for receiving and responding to complaints; and
appointing a privacy officer within the business to monitor privacy compliance.
Unauthorised entry or use, hardware or software failure, and other factors outside of our control may compromise the security of user information at any time.
We will retain Your information only for as long as is necessary, Your account is active, as needed in order to provide You with services, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will take reasonable steps to destroy or de-identify Personal Information if that information is no longer needed for the purposes for which we are authorised to use it.
You may inform us of any changes or requests with regard to Your personal data, and in accordance with our obligations under local data protection law, we may update or delete Your personal data.
Our usual approach to holding Personal Information is to hold it electronically:
on secure online servers;
on a private cloud;
by a third party data storage provider; and
on our Site.
Your account is protected by a password for Your privacy and security. You need to prevent unauthorised access to Your account and Personal Information by selecting and protecting Your password (or other sign-on protections) appropriately and limiting access to Your computer or device by signing off after You have finished accessing your account.
DO WE DISCLOSE PERSONAL INFORMATION TO ANYONE OUTSIDE AUSTRALIA?
We may disclose Personal Information outside of Australia if You provide specific instructions for us to do so or if we engage overseas entities to assist us to provide products or services to You in the most efficient way.
We do not generally disclose your Personal Information to overseas recipients, apart from through the use of cloud providers or other outsourced information technology services with data centres located overseas. For example, we may choose to use software providers including:
Your Personal Information will not be disclosed to overseas recipients unless we are satisfied that the recipient is subject to privacy protection laws that offer substantially similar levels of protection as those required under the Australian Privacy Principles or if we have taken reasonable steps to ensure this Personal Information is handled in a safe and secure manner and that overseas entity is aware of the obligations relating to the information under the APPs.
WHAT PERSONAL INFORMATION CAN YOU ACCESS OR CORRECT?
Through Your account settings, You may access, and, in some cases, edit or delete the following information You’ve provided to us:
name and password
user profile information and User Content, including images You have uploaded to the Site.
When You update information, we may maintain a copy of the unrevised information in our records. It is important that the information we hold about You is up-to-date. You should contact us if Your Personal Information changes. The information You can view and update may change as the Site changes.
If You cannot access or update Your Personal Information through Your account settings, You may request access to the Personal Information held by us or ask us for Your Personal Information to be corrected by using the contact details in this section. We will grant you access to Your Personal Information as soon as possible, subject to the request circumstances.
In keeping with our commitment to protect the privacy of Personal Information, we may not disclose Personal Information to You without proof of identity.
We may deny access to personal information if:
- the request is unreasonable;
- providing access would have an unreasonable impact on the privacy of another person;
- providing access would pose a serious and imminent threat to the life or health of any person; or
- providing access would compromise our professional obligations; or
- there are other legal grounds to deny the request.
We may charge a fee for reasonable costs incurred in responding to an access request. The fee (if any) will be disclosed before it is levied.
If the Personal Information we hold is not accurate, complete and up-to-date, we will take reasonable steps to correct it so that it is accurate, complete and up-to-date, where it is appropriate to do so.
If you want to complain about an interference with Your privacy, You must follow the following process:
- The complaint must first be made to us in writing, using the contact details in this section. We will have a reasonable time to respond to the complaint.
- If the privacy issue cannot be resolved, You may take your complaint to the Office of the Australian Information Commissioner.
WHO TO CONTACT
If You have any questions about viewing or updating information we have on file about You, please contact us at email@example.com or by telephone on 1300 882 556.
WHAT CHOICES DO YOU HAVE?
You can always choose not to disclose information to us, however, your ability to use our Site and services may be limited if you choose not to. You may request deletion of Your account by visiting Your account settings. Please note that some information may remain in our private records after Your deletion of such information from Your account. We may use any aggregated data derived from or incorporating Your de-identified information even if you update or delete it.
You can use any of the following payment options listed below to pay for your order:
- American Express
We take your safety seriously and all credit card transactions are therefor subject to validation and authorisation by Ecopower World as well as the nominated credit card issuer. To better protect our customers when placing orders online, you may need to complete additional security measures when completing a credit card payment. This is depending on your bank issuer and may require you complete an authentication procedure to verify your identity by entering an authentication code.
We want your online shopping experience to be effortless! That’s why we have several payment options for you to choose from, including card payments, PayPal and AfterPay.
We accept VISA, Mastercard and American Express.
If your card transaction is approved, the payment amount will be reserved immediately, and an order confirmation will be sent to your email address. Your card will be debited when we dispatch your order.
If your card transaction isn’t approved, your order will be cancelled. Please contact your bank or card provider if you have any questions about this.
We now offer PayPal as a payment option in Australia.
Pay in just a few steps; Select PayPal as your payment method at the checkout. You’ll then be redirected to the PayPal website, where you’ll follow the prompts to complete your purchase. You’ll then return to Eco Power World, and your order and payment will be complete!
Online orders are delivered Australia-wide using various freight companies. Shipping costs are set based on the size and weight of the parcels and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout.
Orders are dispatched within 1-2 business days, and shipping times are estimated at between 2-8 business days, depending on factors including your location within Australia. Please be aware deliveries outside of metropolitan areas may take longer. This service will require your signature when the parcel is delivered.
As soon as your shipment is on its way, you will receive an email with a tracking number and a link to a Track & Trace website, where you can follow the progress of your delivery.
If you are not available at the time of delivery, a card will be left for you to collect your parcel from your closest depot. Please note that Freight companies only deliver parcels to residential or business addresses.
ORDER CANCELLATIONS AND RETURNS
Once the order is placed and in our system, it is not possible to edit the order or to make any changes. However, if you’re not completely satisfied with your purchase, Ecopower World may allow you to return your product for a full refund of the product value within 30 days of your purchase, provided it has not been customised, is unused, and is still in its original packaging. All requests for returns must be made following our terms & conditions. If you’d wish to return your product, please populate the return form below, and our customer support team will assist you.
CUSTOMER RETURN FORM
Top of Form
Date of Purchase*
Reason For Return*
Damage/Wear and Tear on Product? Yes No
Original Packaging Available? Yes No
Sale Terms & Conditions
Please ensure that you carefully read all of the Terms below. In particular, we draw your attention to the following key sections:
· Clause 3: In addition to your payment of the purchase Price for the Goods ordered, Delivery Fees will also apply (cost varies depending on type of Goods, size, weight and delivery location etc). Unpacking, assembly and installation costs (if required) do not form part of the purchase Price or the Delivery Fee, and will be additionally at your cost.
- Clause 8: Please choose carefully before you buy. We do not offer exchanges or refunds for “change of mind” reasons. Standard postage fees apply to all return orders, unless required by the ACL to be reimbursed to you.
- Clause 10: Subject to your non-excludable rights, including under the Australian Consumer Law, we limit our liability owed to you to the maximum extent allowed. Additionally, you agree to indemnify us, our officers and staff in relation to any claims made against us arising from your breach of the Contract.
- Clause 11: We may terminate our Contract with you if we reasonably believe that you have breached the Terms of the Contract (and you fail, refuse to or cannot fix the breach), or you have committed a payment fraud.
Welcome to EcopowerWorld.com.au
These Terms govern your orders for Goods placed online, shipping, complaints and general terms and conditions for using Home – Eco Power World. For all urgent enquiries, contact customer service on the App – Help & Feedback – Live Chat
The following definitions apply to these Terms.
ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended. Big & Bulky Goods are Goods for which extra handling and additional resources are required for delivery. Please note that different Delivery Fees and requirements apply – please refer to the shipping section at the checkout. If you are still unsure or would like further information, please contact us on 1300 882 556 or at firstname.lastname@example.org.
Claim means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent.
Consumer is as defined in the ACL and in determining if you are a consumer, the determination is made if you are a consumer under the Contract.
Contract means any contract entered into for the supply of Goods by us to you.
Delivery Address means the address to which your Goods are to be delivered, as stated on the order you placed through the Site for those Goods.
Delivery Agent means a third-party delivery or shipping company engaged by us to deliver the Goods you have ordered from the Site.
Delivery Fees means the fees for the delivery of the Goods, shown on the relevant product page/s and calculated at checkout.
Force Majeure Event means an event beyond the reasonable control of a party including, without limitation, accident, acts of God, acts or threats of terrorism or war, breakdown, epidemic, natural disaster, pandemic, sustained inclement weather, import or export or travel restrictions, industrial disputes, lockouts or strikes.
Goods means the products ordered online via the Site, including (as relevant) Big & Bulky Goods and Restricted Goods.
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price for the Goods as specified on the relevant product page/s and calculated at checkout.
Restricted Goods means Goods subject to restrictions on sale in particular jurisdictions, including Goods which may not be sold to minors (such as knives, alcohol and tobacco).
Terms means these Terms of Sale for Consumers.
Those Indemnified means any of our officers, contractors, employees and agents.
we, us, our and Ecopower World means Ecopower World Pty Ltd (ABN 43 986 927 390).*you and your means you as the purchaser of Goods through the Site pursuant to these Terms.
We reserve the right in our absolute discretion at any time and without notice to amend, remove or vary the services or Terms and/or any page of this Site. You agree that use of the Site by you, constitutes acceptance of the Terms.
2. Basis of Contract and Placing Orders
These Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.
You may place an order by following the instructions on the Site. By placing an order, you are making an offer to enter into a Contract to purchase the Goods for the Price.
Orders will be deemed received and accepted by us, at the time we send an order confirmation and receipt of purchase to your nominated e-mail address. If the Goods ordered are not available or we otherwise reject the order, you will receive an email to your nominated e-mail address advising this. It is your responsibility to ensure the correct email address and contact details are entered with your order.
Each order you place will be a separate Contract. If you place consecutive or separate orders, the orders cannot be consolidated. A separate Delivery Fee, if applicable, will apply to each order.
All Goods offered for sale are for personal, non-commercial use and not for commercial re-sale or for use by governments or educational institutions.
We may restrict the quantity of Goods which can be purchased in one order, or during a particular period of time, or per person, or per address. Any quantity restrictions will be stated on the relevant product page, in the materials about the relevant promotion, or otherwise advised on the Site.
If we cannot contact you about your order using the contact details you provided in the order, then after having made reasonable attempts to contact you, your order will be cancelled and you will be refunded any money paid to the payment details submitted via the Site.
If you order Goods that are or contain Restricted Goods, you: warrant that you are aged 18 years (or the age required by law to purchase these Goods, for example, 16 years to purchase knives in the ACT and NSW), warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years; acknowledge that it is against the Law to sell or supply the Restricted Goods to, or to obtain the Restricted Goods on behalf of, a person under the age of 18 years (or the age required by law to purchase these Goods, as relevant); and warrant that the information you have provided us is true and accurate.
3. Pricing and Payment
The Price and availability of any Goods are subject to change without notice. If we have already accepted an order at a particular Price, we will supply at that Price.
The Price for the Goods is stated on the relevant product page on the Site. The Goods available, Price, and promotions offered on the Site (if any) may not be the same as those in an Ecopower World retail store, or a third-party seller’s store or website, and we will not price match. From time to time, we may offer promotional discount or coupon codes which may apply in respect of any, or certain specified, orders or Goods on the Site. All codes must be applied, if relevant, prior to submitting your order. Other conditions of use will be specified on the Site or at the time of issue in relation to these discounts and coupons, and placement of an order by you will be considered acceptance of these additional terms.
All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms also include GST where applicable.
Full payment, including Delivery Fees (if applicable) is due at the time of submitting your order. Unpacking, assembly and installation fees do not form part of your Delivery Fee.
Payment methods are specified on the Site and are subject to change.
In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details or rescind the transaction. In this case, your order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame, your order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.
4. Availability of Goods
Goods displayed on the Site are strictly subject to availability. From time to time, Goods may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the Price paid for the Goods impacted, arrange a ‘back order’ for the Goods, or you may elect to place an order for alternative Goods, at your discretion.
We may withdraw or suspend from sale any Goods displayed on the Site, either temporarily or permanently, at any time and without notice.
All reasonable care will be taken to ensure that all details, descriptions, images and Prices on the Site are accurate, however the Site may contain errors, inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information without prior notice.
You acknowledge and agree that: any accessory featured with the Goods is for illustrative purposes only, and may be sold separately unless advised otherwise; and where we provide dimensions and measurements in the description of the Goods, no representations are given about the suitability for your intended use or the accuracy of the dimensions and measurements. All descriptions are accurate at the time of display on the Site, to the best of our knowledge. You acknowledge that some dimensions may vary slightly, and we have no control over this. It is your responsibility to ensure that the actual size of the Goods selected is suitable for your purpose prior to submitting your order (including whether there is appropriate and safe access to your Delivery Address for delivery of the Goods).
5. Title, Risk and Insurance
Title and property in the Goods remains vested in us and does not pass to you until full payment has been received.
The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to you immediately on delivery of the Goods to your Delivery Address.
You assume all risk and liability for loss, damage or injury to persons or to your property or the property of third parties, arising out of your use or possession of any of the Goods sold to you by us, unless recoverable from us on the failure of any applicable statutory consumer guarantee under the ACL.
6. Shipping and Delivery
The Goods are delivered Australia wide using DHL. Dispatch times are an estimate only and may vary according to availability of the Goods and the time of year (e.g. during certain periods such as sale periods, Easter or Christmas, dispatch, and deliveries may take longer to fulfil due to high order volumes).
We will use our reasonable endeavours to meet any estimated dates for delivery of the Goods. However, time will not be of the essence and, subject to the ACL, we will not be liable to you if delivery is not on time.
Delivery Fees will apply and will vary depending on the type of Goods, size, weight and dimensions, and Delivery Address. The Delivery Fees will be calculated and collated in your shopping cart.
Your order may be fulfilled from multiple locations at different times depending on stock availability. In the instance that your order is split, you will not be charged any additional Delivery Fees.
If re-delivery is required, you will be required to pay additional Delivery Fees (including where your order was subject to discounted delivery). Delivery Fees paid will not be returned in such cases, unless required by Law.
Goods will be delivered to the Delivery Address specified on the order.
You or a person over the age of 18 must be available to accept delivery at the Delivery Address on the agreed date between you and the Delivery Agent. If no-one is at the Delivery Address or there is limited access to the Delivery Address, the Delivery Agent will leave a collection card with instructions on where to collect your Goods.
Where the Delivery Address is an office address, shared house or apartment, the Delivery Agent will make reasonable attempts to contact you however you agree that delivery may be made to an individual at the Delivery Address and that we will be able to rely on that individual’s instructions as if they were your own.
Without limiting clauses 1 to 11, for deliveries of Big & Bulky Goods, you must provide any relevant access details (including stairs access only, parking restrictions etc) to the Delivery Agent prior to delivery.
7. Force Majeure
We will not be liable in any way howsoever arising under the Contract to the extent that we are prevented from acting by a Force Majeure Event. If a Force Majeure Event occurs, we may suspend or cancel the Contract by written notice to you.
We reserve the right to defer the date of delivery of the Goods, or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from, or delayed in, the carrying on of our business (wholly or in part) due to a Force Majeure Event.
8. Exchange and Return Policy
If you’re not satisfied with your purchase, Ecopower World allow you to return your product for a full refund of the product value within 30 days of your purchase, provided it has not been customised, is unused, and is still in its original packaging.
All requests for returns must be made in accordance with our Terms. All requests are to be made in writing to us through our return form, within 30 days of purchase, with the following information:
· Your full name;
· Your order number;
· The reason you are seeking return of the Goods;
· Your instructions informing us how you would like the issue resolved; and
· A copy of your payment receipt.
This will ensure we have all the information to resolve quickly, or should we need to contact you. Once approved, a pre-paid shipping label will be provided and the return shipping cost will be deducted from the refund. Where the return relates to faulty Goods, the replacement will be sent out to you, at no charge, within 10 working days from the date we receive the faulty Goods.
For products purchased from an authorised dealer, the dealer’s return policy applies — please contact your selling dealer directly for more information.
For exchanges, please return your item(s) for a full refund and re-place an order on https://ecopowerworld.com.au/ for the correct item.
- Feedback & Complaints
If you have a complaint about the Site, please contact our Customer Service team by email email@example.com or phone 1300 882 556.
10. Warranty and Liability
In addition to your rights and remedies available under the ACL, we may offer an express warranty in relation to certain Goods (Warranty). When provided, the Warranty period and its terms and conditions, may vary. Please refer to the packaging of the Goods, our brochures and the descriptions published on the Site to determine the Warranty term and Warranty conditions applicable (if any) for your purchase. Please contact our Customer Service team on 1300 882 556 if you have any questions about our express Warranty offerings.
Where you are a Consumer for the purposes of the ACL: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Except as these Terms specifically state, or as contained in any express Warranty provided in relation to the Goods, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.
We are not liable to you for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, except to the extent of any liability imposed by the ACL.
Nothing in these Terms is to be interpreted as excluding, restricting or modifying any State or Federal legislation applicable to the supply of the Goods which cannot be so excluded, restricted or modified. To the maximum extent permitted by law, you indemnify and agree to hold us and Those Indemnified harmless against and from any and all Claims which may arise as a result of or in connection with your breach of these Terms. We hold the benefit of this indemnity on trust for Those Indemnified.
We will not be liable to you or any third party for any loss suffered as a result of, or in connection with, a delay or failure to process your order or deliver the Goods due to inaccurate or incomplete details provided in an order, in respect of the availability or otherwise of the Goods on the Site, or in respect of any Claim arising in connection with your use of the Site. To the maximum extent permitted by law, you release us and Those Indemnified in respect of any Claim.
Our failure to act or our delay in acting in relation to a breach of any of these Terms by you is not a waiver of any of these Terms or our rights arising under them. No action or inaction by us shall be deemed to be an actual waiver of any current or future liability.
We may, at our discretion, terminate the Contract for the supply of Goods to you: if we reasonably believe you have breached these Terms or committed fraud; and that the breach is not capable of remedy or it is not remedied within the provided time period.
These Terms are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.