TERMS OF SALE
2 APPLICATION OF THESE TERMS AND CONDITIONS OF SALE
2.3 We may vary this Agreement at any time without notice. It is Your responsibility to read and consider these terms and conditions whenever You wish to purchase Goods from Us. Changes to this Agreement do not apply to any order after You have submitted it to Us.
3 PURCHASE FOR END-USERS ONLY
3.1 This Website offers Goods for sale to end-users only. By purchasing Goods via this Website You warrant that the Goods are for Your use and that You are not purchasing the Goods for the purposes of re-sale or re-supply by any means.
3.2 Limits to the quantity of Goods that can be purchased via this Website apply and are set by Us from time to time. If Your order exceeds any such limit, You will be notified when You submit Your order and You will be asked to submit Your order for a lesser quantity of Goods.
3.3 If you wish to become a reseller of the Goods sold via this Website, please contact Us.
4 ORDERS – SUBMISSION; ACCEPTANCE; REJECTION; CANCELLATION
4.1 When You submit an order via this Website: (a) You make an offer to purchase the selected Goods for the Price, Delivery Charges and GST notified at the time You submit it; (b) You must provide Us with accurate, and complete information and provide any additional details We may require.
4.2 We are not bound to accept any order. If We: (a) accept Your order: (i) We will send You an email confirming acceptance and We will supply the Goods in accordance with this Agreement; and (ii) that results in a separate binding contract for the sale and purchase of the relevant Goods, on the terms and conditions of this Agreement; (b) reject Your order: (i) We will notify You at the time You submit the order or afterwards within a reasonable time; and (ii) any payments We have received from You will be refunded in full.
4.3 If Goods You have ordered are not in stock, We will make reasonable endeavours to obtain them within 30 days. We will notify You of this and provide You with an estimated Delivery date.
4.4 You may cancel an order (whether We have accepted it or otherwise) at any time before the Goods have been Delivered. You can effect cancellation by contacting Our Customer Service Department during office hours. After Delivery, You may return Goods if they are not damaged in accordance with clause 8 (Returns).
4.5 If You cancel Your order: (a) before the Goods are dispatched for Delivery, We will refund all monies paid by You in full; or (b) after Goods are dispatched for Delivery, We will refund all monies paid by You excepting Delivery Charges and GST on those Delivery Charges.
4.6 We may cancel an order after We have accepted it if: (a) the Goods You have ordered are not available; (b) the information You provide to Us is incorrect or incomplete; (c) We reasonably believe that Your order has been submitted in breach of this Agreement; (d) We are unable to process Your payment of any monies payable to Us under this Agreement and/or (e) if We reasonably believe that the credit card details You have submitted are fraudulent or that You are otherwise attempting to obtain the Goods by unlawful means.
4.7 If We cancel Your order at any time, We will: (a) notify You by email to the email address submitted by You with Your order; (b) not process Your payment or, if We have already processed payment at the time of cancellation, refund all monies paid by You.
5.1 We will Deliver the Goods to a Delivery address (within Australia) that You specify when You submit Your order.
5.2 Any notice to You of a Delivery date for Your order is an estimate in good faith and We are not liable for delays or any failure in Delivery.
5.3 Unless We otherwise agree in writing with You: (a) a person must be present at the Delivery address to take possession of the Goods. We recommend that You be present but You authorise Us to leave Goods in the possession of any person at the Delivery address who reasonably appears to Us or Our contracted carrier to be (in the case of a residence) residing at the Delivery address or (in the case of a business address) working at the Delivery address. We may require photographic or other proof of identity and/or to show Us or Our carrier the credit card used to purchase the Goods. (b) if no-one is present at the Delivery address then, We may, in Our discretion, not leave the Goods at the Delivery address. In such cases, We will contact You to arrange an alternative Delivery date and time and You must pay Us any additional Delivery Charges on or before Delivery.
5.4 By Authority To Leave on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
6 PRICE, PAYMENT, GST AND DELIVERY CHARGES
6.1 Prices for Goods are displayed on the product list on this Website. Prices are subject to change from time to time without notice but We will not change the Price after You have submitted Your order. Prices may not match the prices for the same Goods in other websites We operate.
6.2 You agree to pay the Price for the Goods You order, the Delivery Charges, GST and other applicable taxes and any other fees of which We notify You when You submit Your order.
6.3 All monies must be paid to Us on submission of Your order.
6.4 You can pay monies payable to Us by using the credit cards shown in the payment section when You submit Your order. You authorise Us to debit the amounts payable to Us from your nominated credit card.
6.5 You must pay Us GST on the Price, Delivery Charges and all other fees and charges payable under this Agreement at the prevailing rate set under the GST Law. We will provide You with a tax invoice when We process Your payment and a receipt for payment on Delivery of the Goods.
7 RISK AND TITLE
7.1 Risk in and title to the Goods passes to You on Delivery.
8 RETURNING UNDAMAGED GOODS AFTER DELIVERY
8.1 After Delivery, We will accept Your return of un-damaged Goods purchased by You via this Website for a period of X days after Delivery, subject to You providing proof of purchase (ie showing Us the invoice or Your receipt).
8.2 If We accept the return of Goods, We will refund You the Price (and GST paid on the Price) that You paid for those Goods, but not the Delivery Charges or GST on the Delivery Charges paid by You.
9 DEFECTIVE GOODS – WARRANTY AGAINST DEFECTS
9.1 Warranty – 3 months exchange warranty offer.
10 LIMITATION OF OUR LIABILITY
10.1 Nothing in this Agreement purports to limit or exclude Our liability if that liability is imposed by law and if, under that law, We are not permitted to limit, exclude or modify the liability so imposed. All further provisions of this clause are subject to this clause 10.1.
10.2 Subject to clause 10.1, all implied terms and warranties are excluded. Only those terms and warranties that are expressly made in this Agreement or in this Website, apply. You agree that you do not rely on any representations not expressly made in this Agreement or otherwise in this Website.
10.3 Subject to clause 10.1 and the other provisions of this clause 10, Our liability to You for breach of contract, negligence or other tort, is limited at our option: (a) in the case of goods, to the replacement or repair of the goods or the payment to You of the cost of replacing or acquiring equivalent goods or of having the goods repaired; and (b) in the case of services, the resupply of the services or the payment to You of the cost of having them re-supplied.
10.4 Subject to clause 10.1, for the sake of clarity and in addition to clause 10.3, We are not liable to You for loss of profit, lost opportunity or opportunity cost, loss of cost savings, economic loss, indirect and consequential loss.
11 TRANSFERRING THIS AGREEMENT
11.1 You must not transfer any order or, once an order is accepted by Us, this Agreement, to any third party.
12 APPLICABLE LAW
12.1 Your use of this Website, orders and this Agreement are governed by the laws in force in Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that place.
ACCESS AND USE OF MATERIAL ON THIS WEBSITE
TYPE OF INFORMATION
In the course of serving its customers, Water Filters Online acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Information such as a customer`s name, address, telephone number, and credit or bank card information is provided to Water Filters Online by its customers in order to purchase goods. In addition, Water Filters Online may store customers’ electronic mail and other communications as are necessary to the transmission and delivery of those communications.
USE OF INFORMATION
Water Filters Online does not make any client data available to third parties. We do not sell lists, accept advertising, or generate any third-party revenue from the data that is generated on this site. Water Filters Online may disclose or access account Information for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.
RESPONSES TO EMAIL ENQUIRIES
When visitors or customers send email enquiries to Water Filters Online, the return email address is used to answer the email inquiry we receive. Water Filters Online does not use the return email address for any other purpose and does not share the return email address with any third party.
Water Filters Online is committed to taking reasonable measures to protect your personal information from theft, misuse and alteration.
When purchasing from Water Filters Online your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is estimated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our Security Policy, please email our customer support centre at firstname.lastname@example.org.
CONDITIONS OF USE
1. ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (“Agreement”) with respect to our website (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of Use of this Site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Water Filters Online in its sole discretion.
4. LIMITED RIGHT TO USE
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. EDITING, DELETING AND MODIFICATION
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
The information from or through the Site are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This Site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10. USE OF INFORMATION
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
13. SECURITIES LAWS
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbours for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14. LINKS TO OTHER WEB SITES
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time sent to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
16. RETURN POLICY
Due to the nature of our online site, and the products listed, Water Filters Online, has a strict RETURN policy for any product. Please refer to the Shipping and Returns page for more information.
17. VENUE - APPLICABLE LAW
You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site or any samples or products obtained by you through such use, shall be litigated in the circuit court of “Australia, Victoria”. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Melbourne, Victoria or the district of Victoria is an inconvenient forum or an improper forum based on lack of venue. This Site is created and controlled by Water Filters Online in the State of Victoria, Australia. As such, the laws of Victoria will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.