Our Website Services​

Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase, you acknowledge that you are over 18 years of age.

All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list changes regularly so please contact us to obtain the latest price list.  We reserve the right to amend our prices at any time. If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

All prices are in Australian Dollars (AUD) and are exclusive of GST. Our price list can be accessed by contacting us and we reserve the right to amend our prices at any time.

Packaging and postage is an additional charge, calculated at time of purchase.

When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

We undertake to accept or reject your order within Seven (7) days. If we have not responded to you within Seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

All risk of loss or damage to the goods passes to you when we despatch the goods. 

Order Cancellation Due To Error

Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

We undertake to replace you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.

If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Site Access

When you visit our website, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish, distribute, or display any of the information on this website without our prior written permission.

The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

The copyright to all content on this website including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

We (Supplier) make no representations and give no assurance, condition or warranty of any kind to the customer/buyer (including any assurance, condition or warranty implied by law to the extent that such assurance, condition or warranty can be excluded) in relation to the Goods and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these conditions of sale or other writing given by the Supplier to the Customer. The Customer specifically acknowledges that it is acquiring the Goods for business purposes and that the provisions of the Consumer Guarantees Act 1993 are excluded.

Limitation of Liability

If you are not a consumer within the meaning of the Consumer Guarantees Act 1993 then this clause applies to you. If you are a consumer within the meaning of the Consumer Guarantees Act 1993 then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

If a Force Majeure event causing delay continues for more than Thirty (30) days, we may terminate this Agreement by giving at least Seven (7) days Notice to you. “Force Majeure” means any act, circumstance, or omission over which we could not reasonably have exercised control.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Australia and you agree to submit to the jurisdiction of those Courts.

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Cancellation of orders

Unless otherwise agreed in writing between the parties, the Customer may not cancel an order (or any part of an order) unless the Customer pays to the Supplier (in the Supplier’s sole discretion) any and all costs incurred by the Supplier in relation to the cancelled order (or cancelled part of an order), up until and including the date of cancellation.

Notwithstanding any other rights the Supplier may have under this agreement, the Supplier may cancel any order or delivery of any order, by providing written notice to the Customer if the Customer:

(a) defaults in payment of any invoice by the due date;

(b) enters into liquidation or, in the case the Customer is an individual, becomes bankrupt; or

(c) breaches an essential term of this agreement.

To the fullest extent permitted by law, the Supplier accepts no liability for any loss whatsoever incurred by the Customer or any third party as a result of the Supplier exercising its rights.

Delivery

The mode of transport which is used to deliver the goods to the Customer will be at the Supplier’s option unless the Customer requests a particular method of transport.

The Supplier may:

(a)   make the goods ordered by the Customer available for collection at the Supplier’s premises; or

(b)   deliver the goods ordered by the Customer to the Customer’s premises or a site nominated by the Customer; or

(c)    arrange for a cartage contractor to deliver the goods ordered by the Customer to the Customer’s premises or to a site nominated by the Customer.

The Customer shall be liable for all costs associated with delivery, including freight, insurance, and any and all other charges and/or expenses incurred by the Supplier, unless otherwise agreed in writing.

The Customer acknowledges and accepts that any estimated delivery or supply of goods provided by the Supplier is an estimate only and the Supplier will not be liable for any loss suffered by the Customer as a result of any delay in the delivery of goods or non-delivery of the goods.

The Supplier will have the right to extend the estimated delivery or collection date for such period as is reasonably necessary. If it is necessary for the Supplier to make such an extension, the Customer must accept and pay for the goods notwithstanding the delay in their delivery or collection.

Delivery will be made within normal business hours between Monday to Friday, 8.00am to 5.00pm only (unless otherwise agreed to in writing).

Delivery is deemed to occur at the earlier of:

(a) the collection of goods from the Supplier by the Customer or any third party on behalf of the Customer;

(b) the time the goods are delivered to the Customer’s nominated address for delivery.

The Supplier is entitled to charge a reasonable fee for storage and/or redelivery charges in the event the Customer does not, or is unable to, accept delivery of the goods.

The Customer accepts that the Supplier may deliver goods by instalments and require payment for each separate instalment in accordance with these terms and conditions.

The Customer acknowledges and accepts that it is not relieved from any obligation arising under these terms and conditions by reason of any delay in delivery.

The Supplier may vary delivery details upon provision of 48 hours’ written notice to the Customer.

In the event that the Customer’s premises are unattended when the Supplier or a cartage operator delivers the goods, the signature of the person who delivers the goods on the delivery docket shall be prima facie evidence that the goods were delivered.

Returns

The Customer must inspect the goods immediately upon delivery and must within two (2) days after the date of inspection give written notice to the Supplier with particulars of any claim that the goods do not accord with those ordered by the Customer. Further, the Customer must, upon request from the Supplier, allow the Supplier to enter upon any premises occupied by the Customer to inspect the goods that are subject of the claim. If the Customer fails to give notice or refuses to allow the Supplier to inspect the goods, then to the extent permitted by law, the goods must be treated as having been accepted by the Customer and the Customer must pay for the goods in accordance with these terms and conditions.

The Customer cannot return goods to the Supplier without the written agreement of the Supplier, and the Supplier may accept return of the goods in the Supplier’s sole discretion on the following basis:

(a)   the goods are in the same condition that they were purchased in and able to be resold;

(b)   the Customer agrees to pay any expenses relating to the return of goods to the Supplier’s warehouse (if applicable); and

(c)    a restocking fee of twenty (20) percent of the order amount or as otherwise agreed to in writing by the parties (other than a return due to a default by the Supplier under this agreement or as otherwise permitted by law).

Unless otherwise agreed in writing between the parties, the Customer must pay all costs associated with the return of any goods (either to the Supplier or from the Supplier to the Customer or any third party) including freight, insurance, handling and other charges. The Supplier accepts no liability for any damage that occurs to any goods in return transit.

Risk

Risk of damage to or loss of the goods passes to the Customer on delivery and the Customer must insure the goods on or before delivery.

If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Supplier is entitled to receive all insurance proceeds payable for the goods to the extent of the indebtedness of the Customer to the Supplier. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquires.

If the Customer requests that goods are delivered either to an unattended location, left outside, or are left outside the Supplier’s premises for collection, the Customer acknowledges that the Supplier will deliver the goods as requested at the Customer’s risk.

Retention of title

Until such time as the Customer has made payment in full for the goods and until such time as the Customer has made payment in full of all other money owing by the Customer to the Supplier (whether in respect of money payable under a specific contract or on any other account whatsoever):

(a)   title in the goods does not pass to the Customer;

(b)   the Customer agrees that property and title in the goods will not pass to the Customer and the Supplier retains the legal and equitable title in those goods supplied and not yet sold;

(c)    the Customer will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods; and

(d)   the Customer will be entitled to sell the goods in the ordinary course of its business but will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by the Customer on trust for the Supplier absolutely.

The Customer’s indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 39(d) hereof unless and until the funds held on trust are remitted to the Supplier.

The Customer agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with prior notice to the Customer, to enter upon any premises occupied by the Customer (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Customer) to inspect the goods of the Supplier and to repossess the goods which may be in the Customer’s possession, custody or control when payment is overdue.

The Customer will be responsible for the Supplier’s reasonable costs and expenses in exercising its rights under clause 41 where the Customer is otherwise in default of the terms of this agreement. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Customer against the Supplier, its employees, servants or agents.

The Customer agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Customer on those goods, and the Customer hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Customer.

For the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the PPSA.

Indemnity

The Customer agrees to indemnify the Supplier and keep the Supplier indemnified against any claim that arises out of the goods and services supplied under this agreement to the extent that such a claim is a consequence of a default by the Customer under the terms of this agreement. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.