RESULTS LEGAL T&C'S
Website – Terms and Conditions
The expressions "we", "us" and "our" are a reference to Heritage Plumbing Group Pty. Ltd. ACN 150 840 225 trading as Appliances Today (“Appliances Today”), except where otherwise indicated. The term “you” and “your” refers to the user of our Online Ordering Service.
Your placement of an order through our Online Ordering Service also indicates your acceptance of these Terms and Conditions.
If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.
Application of Credit Terms
Where you have an approved commercial credit account with us, our terms and conditions of credit (as varied from time to time) (“Credit Terms”) apply. In the event of any conflict, ambiguity or inconsistency between these Terms and Conditions and our Credit Terms, our Credit Terms prevail to the extent of the conflict, ambiguity or inconsistency.
The content of the pages of this website are for your general information and use only. The pages, including these Terms and Conditions, are subject to change without notice. Amendments will be effective immediately upon each time you view this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of this website will represent an agreement by you to be bound by these Terms and Conditions (as varied from time to time).
Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and, to the extent permitted by law, we accept no liability for any such inaccuracies or errors.
Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any products, services or information detailed through this website meet your specific requirements.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
You may offer to purchase goods from us by using our Online Ordering Service.
You are responsible for all contracts for the purchase of goods entered with us. It is your responsibility to check your order before you place an order using our Online Ordering Service, and you warrant that you are able to enter into a legally binding contract with us, including that the individual using our Online Ordering Service has authority to enter into contracts and place orders on your behalf, and that all information provided by you in relation to that order is complete, true, and accurate. You will be liable to pay for any incorrect orders as a result of your provision of incomplete or inaccurate information.
When you submit an order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your order, along with an order reference number via e-mail. If you receive an order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
Within seven (7) days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We reserve the right to refuse supply of the goods ordered by you or to terminate your online account with us.
If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer for the purchase of goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
A contract will not be formed until we send you confirmation by e-mail that the goods which you ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Notwithstanding the above, we may revoke an order at any time and will not be liable for any loss or damage whatsoever flowing from revocation of the order.
Availability of goods
As we are dependent upon our suppliers to provide certain stock, we cannot guarantee that our goods will be available at all times and our stock levels may be subject to change without notice.
If we are unable to deliver goods which have been ordered by you, we will endeavour to notify you via telephone or e-mail as soon as reasonably practicable.
You will then be able to amend, cancel, or place your order on backorder until such time as the goods come back into stock.
We reserve the right to withdraw or suspend from sale any goods displayed on this website, either temporarily or permanently, at any time, with or without notice to you.
Prices for goods are as shown on this website at the time of purchase.
Where prices are indicated on this website, the prices listed on this website are subject to change without notice. All prices are in Australian dollars and are inclusive of goods and services tax (“GST”). In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia in connection with the supply of goods, unless otherwise specified.
In addition to the price for the goods, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the quantity of the goods ordered, and the address to where the goods are to be delivered.
Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of goods due to a typographical error by us, we may refuse or cancel any orders that are placed for goods listed at an incorrect price. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.
Prior to placing an order, you must indicate your preferred payment method. Payment may be made by EFTPOS, VISA, and MasterCard credit cards, or by using your commercial credit account (where applicable). We reserve the right to change the payment methods that can be used for orders at any time in our absolute discretion.
Where payment is made by credit card, we reserve the right to apply a surcharge equal to our costs of processing such transactions.
If the name on the credit card provided does not match the name on the order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing us with your card details, you authorise us to debit the price and the applicable delivery charge(s) (if any) from such card.
Goods that you have ordered will not be dispatched to you until payment has cleared. If your payment cannot be processed, your order will be cancelled and we will notify you by e-mail.
Your tax invoice will be forwarded to you at the time of payment or at the time of delivery.
Where you have an approved commercial credit account with us, an invoice will be sent to you at the time of delivery of the goods or thereafter. You must pay for all goods supplied in accordance with the payment terms afforded to you.
Your tax invoice is your proof of purchase and may be required for any claims in respect of the goods supplied by us.
If you notify us of any cancellation before the goods are dispatched for delivery, we may, at our discretion, accept your order cancellation. Otherwise, if the goods have already been dispatched for delivery, we reserve the right to refuse to cancel the order.
Upon cancellation of an order, we will make all reasonable attempts to contact you using the details provided by you through our Online Ordering Service. All monies will be refunded using the method of payment for approved cancellations.
You acknowledge that order cancellations may be subject to a restocking charge of ten (10) percent of the purchase price, unless otherwise agreed in writing.
Shipping and Delivery
Delivery is deemed to occur at the earlier of:
- the collection of goods from us by you or any third party on your behalf;
- the time the goods are delivered to the address nominated in the order (or to such other address as agreed by us in writing).
Goods purchased through the use of our Online Ordering Service will be made available for collection or delivered to the address nominated by you at the time you place an order. Please ensure this address is correct. There may be instances where the goods ordered are out of stock and we are unable to supply immediately. In this instance, you will be notified that the goods are out of stock and will be provided with an estimated delivery date.
Any delivery times provided by us are estimates only and are not a contractual commitment. To the extent permitted by law, we will not be held liable for any loss suffered by you whatsoever as a result of any delay in the delivery of goods or as a result of non-delivery of goods.
Orders will normally be delivered on business days (Monday to Friday).
We also reserve the right to deliver goods ordered through our Online Ordering Service by way of instalments. If we elect to deliver the goods by instalments, you shall not be entitled to cancel or repudiate the order (or part of the order) without our prior written approval.
Risk of loss or damage to the goods passes to you upon delivery to you or to your agent or to a carrier commissioned by you.
If you request that goods ordered through our Online Ordering Service are to be delivered to any unattended location, you acknowledge that we or our nominated carrier will deliver the goods as requested at your sole risk.
Retention of Title
Title in the goods does not pass to you until you have made payment to us in full for the goods in cleared funds.
During the time the goods supplied have not been paid in full at any time, you agree that property and title in the goods will not pass to you and we retain the legal and equitable title in those goods supplied and not yet sold.
You must, within seven (7) days of the date of delivery, give us written notice, with particulars, of any claim that the goods delivered are not in accordance with your order. If you fail to provide us with such notice, then to the extent permitted by law, the goods must be treated as having been accepted by you.
Unless otherwise agreed in writing by us, you must pay all costs associated with the return of any goods (either to us or from us to you or any third party) including freight, insurance, handling, and other charges.
Goods cannot be returned to us without our prior written consent.
Any return (except for goods deemed by us to be incorrectly supplied or deemed by us to be defective) will incur a handling and administration charge of ten (10) percent of the purchase price of the returned goods, unless otherwise agreed in writing.
Limitation of liability
We are not liable for any loss caused to you or any related parties by reason of strikes, lockouts, fires, floods, storm or tempest, riots, war, embargoes, civil commotions, supplier shortages, raw material shortages, plant or mechanical breakdown, disease or pandemic, government intervention or regulation, acts of God, or any other activity beyond our control.
We shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any goods supplied through our Online Ordering Service unless expressed in writing and signed on behalf of us and any such warranty or representation shall be limited to its express terms.
You acknowledge that other than those terms, conditions and warranties expressed by us in writing or imposed and required to be binding by statute (including, without limitation, the Competition and Consumer Act 2010 (Cth)), which cannot lawfully be excluded, restricted or modified (each, “a Statutory Term”), all terms, conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not expressly set out in these Terms and Conditions are hereby excluded.
Nothing in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
In relation to the supply of goods, to the fullest extent permitted by law, our liability to you for any loss, damage or injury, whether under contract including under these Terms and Conditions, in tort, pursuant to statute or otherwise, is limited to, at our discretion, the following:
1. replacing the goods or supplying similar goods; or
2. providing reasonable compensation limited to replacing the goods or for acquiring equivalent goods.
In no circumstance whatsoever shall we be liable to you or to any third party for any loss of profits, loss of anticipated savings, loss of opportunity or benefit, loss of a right, economic loss or financial loss, damages, interruption of business, or for any indirect or consequential loss out of your use of this website, or as a result of any goods supplied by us through our Online Ordering Service.
You agree to indemnify us, and keep us fully indemnified, against any claim that arises out of any breach of these Terms and Conditions and/or the goods supplied through our Online Ordering Service. This indemnity includes any legal fees and expenses we incur in order to enforce our rights under or related to these Terms and Conditions, on an indemnity basis.
You must not assign any rights and obligations under these Terms and Conditions (whether in whole or in part) without our prior written consent.
A waiver of any provision or breach of these Terms and Conditions shall only be effective if made by a party in writing. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If any provision of these Terms and Conditions is invalid, illegal or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
Your use of this website and any dispute arising out of such use of this website is subject to the laws of Victoria, and the law of the Commonwealth of Australia in force in Victoria.
Additional terms and conditions
Your use of this website is governed by the Terms of Service
Termination of Access
Access to our Online Ordering Service may be terminated at any time by us with or without notice.
This Agreement is between the supplier (referred to as we, our or us) and the customer (referred to as you or your) and consists of these Key Terms and the General Conditions.
30 Days after invoice and delivery of goods
Annual interest rate on late payments
15% Per Annum
Period for returning obviously defective goods
14 Days after delivery
Jurisdiction and governing law
1. Effect of this Agreement
The Agreement applies in relation to any goods we sell you even if it is not signed and it overrides any inconsistent terms or conditions in any purchase orders or other documents you use (unless we specifically sign a document agreeing otherwise).
Prices and other details in any quotation, pro forma invoice or other document that we provide are only valid for 30 days or such other limited time period as stated in the document.
You acknowledge that once you place an order with us, we may order or manufacture goods especially for you and we may not permit you to vary or cancel the order unless you compensate us for the losses we incur or we otherwise consent.
4. Price and price increases
We will notify you of the price for the goods when you place your order. We may increase the price if there is an increase in our costs between the date of an order and the date the goods are ready for delivery. If this occurs, you may cancel the order but we will not be liable for any losses you incur in connection with the cancellation.
Unless otherwise stated, the prices for the goods are exclusive of Goods and Services Tax (GST). You must pay GST at the same time and in the same manner as the consideration for the goods. We will give you a tax invoice showing the applicable GST.
We will use reasonable endeavours to deliver the goods to the delivery point and on the date requested in your order. However, we will not be liable for any losses you suffer as a result of a delay or failure to deliver the goods.
7. Risk in the goods
Risk in the goods will pass to you when you take possession of them.
8. Return of obviously defective goods
You must inspect the goods on delivery and may return them as defective if they:
· are not of acceptable quality (as defined in the Australian Consumer Law); or
· do not conform to an agreed specification.
The period for returning obviously defective goods is set out in the Key Terms. If you fail to return the goods (or notify us of any shortfall in the quantity delivered) within this period, you must pay for them in full despite any shortfall or defects (other than non-obvious or latent defects that you could not be reasonably expected to have identified within the time period).
We will cover the charges for returning the goods if we accept that they are defective.
9. Payment terms
You must pay us for the goods on the payment terms in the Key Terms. However, if we consider (in our absolute discretion) that your creditworthiness is unsatisfactory or the amount would exceed our credit limit, we may require you to pay for the goods on or before delivery.
10. Interest on late payments
If you fail to pay us strictly within the payment terms then you must pay the annual interest rate on late payments in the Key Terms. The interest will be calculated daily on the amount outstanding.
11. Title and our security interest
Although you will assume the risk in the goods when you take possession, until you pay for them:
· we will retain ownership and title;
· you hold them on our behalf as fiduciary bailee; and
· if we request, you must return them or permit us to retake possession of them and we will not be any liable for any loss you suffer as a result.
However, you may dispose of the goods in the ordinary course of business on the basis that you will be taken to hold the proceeds of sale or trade on trust for us until you pay for them.
12. Personal Property Securities Act (PPSA)
You acknowledge that under the Personal Property Securities Act 2009 Cth (PPSA):
· this Agreement constitutes a security agreement;
· you grant us a purchase money security interest in the goods and any proceeds; and
· we may register a financing statement on the Personal Property Securities Register (PPSR),
You agree to provide information and do anything we reasonably require for us to register, maintain and enforce our security interest.
13. Provision of information under PPSA not required
You waive the requirement to provide information under various provisions of the PPSA. In particular, you agree that as provided for in:
· section 157 – we are not required to give you a verification statement;
· section 144 – we are not required to give you notices under section 95, 118, 121, 130, 132 and 135; and
· section 275 – we are not required to provide interested persons with information relating to our security interest and neither are you.
14. Terms defined in the PPSA
Terms defined in the PPSA (including purchase money security interest, verification statement, proceeds and various other terms) have the same meaning when used in this Agreement.
15. Enforcement expenses
You must pay any reasonable expenses (including legal fees) we incur to enforce our rights under this Agreement.
16. Goods supplied on a wholesale basis
You confirm you are purchasing the goods on a wholesale basis to on-sell or re-supply to your customers and that as such you may not be entitled to all of the consumer guarantees under the Australian Consumer Law.
17. Our warranties
We warrant that the goods we deliver will:
· match the description in the invoice and any agreed specification;
· be free of third party claims or undisclosed securities; and
· be of acceptable quality as defined in the Australian Consumer Law.
18. Limitation of liability
We limit our liability in relation to the sale of goods to you as follows:
· apart from the warranties in this Agreement or any express guarantees, we exclude all warranties and guarantees (whether written or oral);
· our liability for any claims (whether for negligence, breach of contract or statute) is limited at our option to either:
(i) replacing the goods or supplying equivalent goods; or
(ii) repairing of the goods; or
(iii) paying you the cost of having the goods replaced or repaired; and
· we are not liable for any indirect, incidental, special and/or consequential losses, liability, costs or damages; any loss of business opportunity, production, profits or savings; or any reasonably foreseeable losses.
However, this limitation of liability does not apply if it would restrict, modify or exclude your rights in a way that is not permitted under the Australian Consumer Law or other applicable laws.
We may vary this Agreement by giving you written notice at any time. The variation will only affect future orders.
20. Jurisdiction and governing law
The jurisdiction and governing law in the Key Terms apply to this Agreement. The courts of the jurisdiction are entitled, non-exclusively, to resolve disputes about this Agreement.