Online Terms and Conditions at Allfasteners.com.au
These Terms & Conditions ("Terms") govern your use of our website located at http://www.allfasteners.com.au ("Site") and form a binding contractual agreement between you, the user of the Site and us, Allfasteners Pty Ltd.
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on:
Email inquiry form: http://www.allfasteners.com.au/contact-us
Telephone: 1800 255 349
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
Licence to use Site
- We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
- The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site (including these terms and conditions) at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
An agreement exists between you and us when we accept an order, which occurs when the order and your Agreement is processed by us.
If you wish to set up a business account you can email us at firstname.lastname@example.org. If you do set up an account you will be bound by these terms and conditions, but will also be bound by additional terms and conditions specific to account customers. These will be provided at the time of setting up the account.
Intellectual Property Rights
- We own or are licensed to use all intellectual property rights (which includes copyright, trademarks, logos, patents and designs) in the content of this site including all images, photographs or text appearing on this site. Nothing in these terms and conditions constitutes or agrees to a transfer of any of such rights. You must not use this site or copy content in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights, or which may prejudice the rights of any owner or licensee of any trademark, logo, design or other intellectual property appearing on the site.
- By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
- The licence in clause 4.3 will survive any termination of these Terms.
- You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3.
You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.3.
- You acknowledge that you do not rely and that it is unreasonable for you to rely on our skill or judgement as to whether the products are reasonably fit for the purpose for which the products are being acquired
- We will endeavour to use reasonable care and shall in providing this site for your use, and in supplying goods or services to you, but to the fullest extent permitted by law, we exclude, and you release us from, all liability from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage which might reasonably be considered to have been in the contemplation of the parties as at the date of this agreement) arising out of or in connection with the use of this site, this agreement or any goods or services supplied by us to you through the use of this site.
- To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
- Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au
Packaging and Labelling
We aim to provide accurate and up to date details of goods appearing on this site. Very occasionally details of the goods may differ from the goods actually supplied to you. We cannot warrant the total accuracy of the information contained in our product list and recommend that you read packaging and labels carefully before using goods.
- We will endeavour to ship in-stock and ready to ship items no later than 5 business days after acceptance of your order, but we will not be liable to you if we are unable to achieve this.
- Delays may be experienced during public holiday periods.
- Delivery charges apply unless the item is marked as “free delivery.”
- Delivery charges will be calculated in accordance with our policies and procedures from time to time and will vary depending on the quantity and weight of the items ordered and the geographical place of delivery.
- We will arrange for delivery of each order to the front door of the designated delivery address (as against entering such premises) unless another delivery arrangement is agreed by us in the specific instance.
- Anyone at the delivery address (or upon collection) who receives the goods is presumed to be authorised by you to receive the goods.
- If there is no one at the delivery address, or no one of appropriate age, to receive and sign for the goods delivered, the goods will not be left at the delivery address. We may charge an additional delivery fee if it is necessary to return on another occasion to effect delivery.
- We reserve the right to decline to deliver goods ordered if we consider that it is not practicable for us to arrange delivery to the location at which delivery is requested.
Risk and Title in Goods
Risk and title in the goods is transferred to you upon delivery or collection of the goods.
Minimum Order Value
From time to time we set a minimum order value, over and above the delivery fee.
Before or upon delivery of the goods we will provide you with a tax invoice with the total price for the goods.
Returns and Refunds Policy
- Returns at your cost will only be accepted if we are satisfied that the product is defective and the product is returned within 7 days from receipt of goods.
- If the product is returned to us within 7 days and we confirm that, in our opinion, it is defective, we will replace the product at no additional charge to the customer.
- We accept no responsibility for your incorrect selection of product, mismatching of materials, or incorrect installation of the products, and will not accept returns and/or issue refunds for such issues.
- We will also not accept returns or grant refunds if you change your mind.
If we are satisfied that a product has a major defect, you are entitled to:
(a) reject the goods and receive a refund
(b) reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
(c) keep the goods and receive compensation for the drop in value caused by the problem.
- You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
- If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
- Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
- This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
- These Terms terminate automatically if, for any reason, we cease to operate the Site.
- We may otherwise terminate these Terms immediately if you have breached these Terms in any way.