Terms&Conditions
AUSELE PTY LTD
ABN 80 163 499 947
TERMS AND CONDITIONS OF SALE
1. APPLICATION
In this Agreement, the "Customer" means any person who places an Order with Ausele Pty Ltd; the "Goods" means any items sold or supplied by Ausele Pty Ltd under an Order; the Company means Ausele Pty Ltd(ABN 80 163 499 947)."Order" means any request or order to purchase the Goods, and the "Parties" refers to the Customer and the Company.
2.VALIDITY
2.1 This Agreement is the only form of contract between the Parties and any Customer terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement.
2.2 Any Order is subject to acceptance by the Company. The Company is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by the Company does not in itself constitute acceptance by the Company of the Order.
2.3 The Company may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on the its website or catalogue.
3. GOODS BEING SOLD3.1 Descriptions and specifications for the Goods are set out on the Company’s website at the time of the Order or the Company’s catalogue from which the Order is placed provided the catalogue is current at the time of the Order.
3.2 If any Goods are unavailable or out of stock then the Company may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
3.3 Customers placing Orders for age-restricted goods such as meat slicer confirm that they are over 18 years of age and that delivery will be accepted by a person over 18 years of age.
4.TERMS OF PAYMENT
4.1 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
4.2 Payments are to be made direct to the Company, strictly net, without any deduction or discount other than as stated herein or in the relevant invoice or statement.
4.3 Payments are to be made before the goods are delivered.
4.4 Payment by cheque will not be deemed to be made until and unless the relevant cheque is cleared.
5 .TERMINATIONS
5.1 The Company reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received.
5.2 The Company reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
5.3 The Company reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of the Company's reasonable control such as force majeure, act of God, adverse weather and government intervention, sanction or legislation.
5.4 The Company reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
6. DELIVERY
6.1 Full delivery prices and options are listed on the Company’s website or catalogue and are subject to change from time to time.
6.2 Off shore/remote deliveries will attract higher delivery prices and delivery times will be longer, depending on the delivery location.
6.3 The Company will use reasonable endeavors to ensure its delivery agents meet delivery estimates. However the Company cannot be held liable for any delay in delivery.
6.4 Risk in the Goods transfers to the Customer at the time of delivery but title not pass until payment has been made in full for the Goods in question.
6.5 Goods delivered are used, stored and installed at the Customer's own risk and the Company will not be liable for any damage, loss or disruption caused by the same.
6.6 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) the Company or its agent cannot effect delivery because the Company or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided the Company with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and the Company may store the Goods until actual delivery, in which case, the Customer will be liable to the Company for all related costs, such as re-delivery charges, storage and insurance.
7. INSPECTION
Unless the Customer has inspected the Goods and given written notice to the Company within seven (7) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
8. RETURN OF GOODS (30 days Hassle Free Returns)
8.1 Goods delivered may be returned for a refund within 30 days provided they are returned unused, in a saleable condition and in their original packaging. Goods returned for credit will not be accepted unless prior written arrangements have been made with the Company. Customer must contact the Company for a returns authorization number (go to the “Return & repair a product” section to get this RA#) and send their goods back to the Company’s warehouse within 30 days. All returns must be postmarked no later than 30 days from the original invoice date (shipping date) and include an authorization return number on it.
8.2 All non-defective, non-damaged returns are subject to a 20% restocking fee (NOTE: This fee also covers credit card payment and credit card refund fees). However, if the customer prefers an in-store credit, this fee is waived. The restocking fee may also be waived if the customer places a qualifying reorder for the same amount or more. In this case we will refund the original form of payment in full once the return is processed, and the customer must contact the Company with an order number showing that you have placed a qualifying reorder before the return is processed for the restocking fee to be waived.
8.3 For non-defective / non-damaged items, the customer is responsible for return shipping and any other costs associated with shipping the items back to our facility. For the customer’s protection, the Company recommends the customer use a traceable method of shipment that can provide you with delivery confirmation. The Company also recommends that the item shipped be insured. The Company is not responsible for lost or damaged returns.
8.4 Non-Qualifying Returns:Goods that are returned to us without meeting the return requirements above will be rejected. The Company will contact the customer with a detailed reason for the rejection and the item will be returned to the customer at the customer’s expense.
REFUND POLICY
Please allow fourteen (14) business days from the time of your request for refunds to appear on your card. All refunds are processed back to the original card that was used.
9. WARRANTY
9.1 The Company warrants to the Customer that the Goods will be supplied in an undamaged condition and will be free from defects in material and workmanship.
9.2 On discovery of any defect in the Goods, the Customer must notify the Company in writing of such defect. All warranty claims must be received by the Company within seven (7) days of the day of delivery.
9.3 The Company provides a warranty on parts and labour against faulty material or workmanship for brand new stock for a period of twelve months from the date of delivery unless otherwise stated in writing.
9.4 Damaged Goods Policy
Goods that are damaged on delivery must be reported to the Company in written within 48 hours of receipt of the damaged goods. Goods that are damaged, missing, delivered faulty by the Company may be replaced, repaired or refunded at the Company discretion provided the Company is informed in writing within 48 hours. Clause9.4 above does not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions.
10. CANCELLATIONS
Orders may be cancelled on the following basis:
10.1 If the equipment is a stock item, cancellation must be received three (3)working days prior to shipping.
10.2 A Cancellation or re-stocking fee may apply, being a minimum of 20% of the purchase price.
11. CATALOGUES
Particulars in leaflets, catalogues, drawings, brochures and other printed material are illustrations only, and form no part of the contract between the Company and the Customer, and are not binding on the Company.
12. SPECIFICATIONS
Unless otherwise agreed in writing, the Goods are supplied subject to any specification as to weight, quantity, size, dimensions, inishes, chemical composition and physical properties as may be published generally by the Company or as may be set out in any specification issued by the Company in relation to the Goods, or , if no such specification has been published or set out, subject to such specification as is normally regarded as being commercially acceptable.
13. RETENTION OF TITLE
13.1 All equipment remains the property of the Company until such time as payment has been effected in full and all money has been duly cleared in the relevant bank account.
13.2 Any agreement arising out of this request shall be deemed to have been entered into at the relevant place of execution and all money payable hereunder shall be payable at the relevant office of the Company.
14. LIMITATION OF LIABILITY14.1 The Customer agrees that the Company will not be liable for any losses or damage suffered by the Customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude the Company’s statutory liability for injury or death.
14.2 Goods sold are not insured for delivery unless confirmed as insured by the Company on acceptance of the Order.
15. PRIVACY POLICY AND SECURITY POLICY
15.1 Third Parties: the customer may be required to provide certain personally identifiable information, such as name, Email, postal address and contact details. The company use this information for billing purposes and to fulfill your orders. The Company may at its discretion use other third parties (authorized shipping company) to provide essential services on our site or for our business processes. The third parties are prohibited from using the customer’s identifiable information for any other purpose. The company does not share any information with third parties for any unknown or unrelated uses.
15.2 The terms and conditions set out in this privacy statement only cover the domain name of http://www.meaville.com
15.3 Storage of Collected information: When the customer enter sensitive information (such as credit card numbers)on the Company’s website, the Company encrypt that information using secure socket layer technology. When Credit Card details are entered, the customer’s complete credit card number cannot be viewed by the Company or any outside party. The Company never store the customer’s credit details.
15.4 The Company use payment gateway for its online credit card transactions. Payments are fully automated with an immediate response. Payment gateway at no time touches the Customer’s funds; all monies are directly transferred from the Customer’s credit card to the merchant account held by the Company.
16.JURISDICTIONThis Agreement is governed by the law of New South Wales and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.Any right or obligation contained in this Agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.
17. FORCE MAJEURE
The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion and accident).