Terms and Conditions
These terms and conditions (“these Terms”) govern your use of the Website. Please read these Terms carefully, as by accessing the Website you:
(a) acknowledge that you have read and understood these Terms; and
(b) agree to be bound by these Terms.
1. DEFINITIONS
1.1 “Seller” or “We” shall mean BuyFencing.com.au (ACN 131 593 578) and its successors and assigns.
1.2 “Buyer” or “You” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 3 of this contract.
1.7 “Website” shall refer to www.buyfencing.com.au including any of its sub-domains.
2. ACCEPTANCE AND OUR CONTRACT WITH YOU
2.01 Where more than one Buyer has entered into this agreement, the Buyer’s shall be jointly and severally liable for all payments of the Price.
2.02 The Goods are as described on the completed online order confirmation and we accept after the Buyer’s successful credit card transaction.
2.03 As the Buyer you will be notified via email confirmation of our acceptance of your order and this is when our contract is made.
2.04 All descriptions, weights and sizes of Goods described are indicative only and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.
2.05 If we do not have the Goods you order in stock, we will offer you alternatives before we dispatch your order. If this happens you may:
(a) Accept the alternatives we offer;
(b) Cancel your order;
(c) Leave the order valid, but tell us to omit the out-of-stock item.
2.06 If we owe you money (for this or any other reason), we will credit your nominated bank account or send you back a cheque as soon as reasonably practicable, but in any event no later than 30 days from the date of your order.
2.07 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.08 The applicability of these Goods is the responsibility of the Buyer to ascertain. You may not rely on our expertise.
2.09 Goods are at the Buyer’s risk from the moment they are taken into the carrier’s possession.
2.10 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
3. PRICE AND PAYMENT
3.1 At the Seller’s sole discretion;
(a) The Price shall be as indicated on order confirmation and/or invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) The Price shall be the Seller’s current Price, advertised on the website at the time of the order.
3.2 Any variations to the orders made on this website will be charged for on the basis of the Seller’s current Price and be paid for prior to delivery being made.
3.3 Full payment will be made by credit card via this website prior to delivery. Credit, cash on delivery or any other method is not offered.
3.4 The Price for all goods is inclusive of GST unless otherwise stated.
4. DELIVERY OF GOODS
See our detailed shipping policy.
5. RISK
5.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.
5.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
6. BUYER’S DISCLAIMER
6.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and judgement and that the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Buyer and shall not be transferable to any subsequent Buyer.
7. RETURNS POLICY
7.1 The Buyer shall inspect the Goods on delivery and shall within fourteen (14) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
7.2 For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:
(a) the Buyer has complied with the provisions of clause 7.1;
(b) the Goods are returned at the Buyer’s cost within fourteen (14) days of the delivery date;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
7.3 In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Buyer’s claim.
7.4 Should the Buyer seek a refund after payment has been made (therefore a contract entered into as per clause 2.03 above), but prior to pickup or delivery, a refund may be payable. If a refund is made, it will be refunded to the original credit card of the Price minus 10% in exchange for transactional and administrative costs already incurred.
8. COMMONWEALTH TRADE PRACTICES ACT 1974 and FAIR TRADING ACTS
8.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
9. CANCELLATION
9.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall be liable for the refund of the Price but not for any loss or damage whatever arising from such cancellation.
10. PRIVACY ACT 1988
10.1 The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:
(a) provision of Services & Goods;
(b) marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods;
(c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Services/Goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and
(e) enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.
11. GENERAL
11.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
11.2 All Goods supplied by the Seller are subject to the laws of Queensland, Australia and the Seller takes no responsibility for changes in the law which affect the Goods supplied.
11.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.
11.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Services.
11.5 The Buyer shall not set off against the Price amounts due from the Seller.
11.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
11.7 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer of such change.
11.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12. LINKS TO OTHER WEBSITES
12.1 The Website may contain links to other websites. The links are provided in good faith but BuyFencing.com.au has no control over, and assumes no responsibility for the availability, content, accuracy or function of other websites.
12.2 A link to another website does not suggest that that BuyFencing.com.au endorses its contents.
13. FURTHER WARNING
13.1 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer codes or other forms of interference which may damage your computer system.
13.2 BuyFencing.com.au takes no responsibility for any damage or loss which arises in connection with your use of the Website.
14. LIMITATION OF LIABILITY
In no event will BuyFencing.com.au accept any liability for any injury, loss (direct or consequential) or damage incurred in connection with your use of the Website Material, the Information Documentation or the purchase of Goods, whether arising from negligence or otherwise. In any claim against us our liability is limited to the value of the Goods you have purchased in the contract which is the subject of the dispute.
