Industrial Shed Pty Ltd make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
Industrial Shed Pty Ltd do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website.
To the maximum extent permitted by law, Industrial Shed Pty Ltd disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this website is at your own risk. To the extent permitted by law, Industrial Shed Pty Ltd exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Industrial Shed Pty Ltd limit their liability to the re-supply of the relevant information or services.
You agree to indemnify Industrial Shed Pty Ltd and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
GOVERNING LAW AND JURISDICTION
If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
Industrial Shed Pty Ltd makes no representations that the content of this website complies with the laws of any country outside Australia.
INDUSTRIAL SHED’S TERMS AND CONDITIONS OF SALE
ABOUT INDUSTRIAL SHED PTY LTD ONLINE
The goods and services described in this website are available from Industrial Shed Pty Ltd Online only, and will be available for you to make an offer to Industrial Shed Pty Ltd Online via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Industrial Shed Pty Ltd Online accepts your offer, Industrial Shed Pty Ltd Online will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.
You and Industrial Shed Pty Ltd Online may enter into a sale contract for the sale and supply of products, by you making an offer to Industrial Shed Pty Ltd Online via the website, to purchase goods at the specified price, subject to these Terms.
Industrial Shed Pty Ltd logo and words are the intellectual property of Industrial Shed Pty Ltd.
In these terms: – “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website. – a reference to the “websites” means industrialshed.net.au or any associated websites owned by Industrial Shed. – “Order” means an offer made by you in response to an invitation to treat made by Industrial Shed Pty Ltd Online via the website.
By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
You may access and/or use the website as a guest or as a member.
To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through the website.
We only permit one registration per email address.
You must not use another members’ account without permission.
You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account.
We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
Any Order and/or purchase made by you using this website is an acknowledgement by you that you: i. accept these terms; ii. agree that you have entered into a legal contract with Industrial Shed Pty Ltd Online in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and Industrial Shed Pty Ltd Online for the supply of products.
Industrial Shed Pty Ltd Online reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Industrial Shed Pty Ltd Online may suffer as a result of a transaction entered into by a minor.
Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
If a refund or credit is granted, Industrial Shed can take up to 14 working days to issue the credit or refund for any returned items. Items will need to be returned within 14 days from the time of approval.
You and Industrial Shed Pty Ltd Online may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
– placing an electronic Order for the products using the website;
– you confirming the Order details in accordance with the procedure on the website;
– you making payment in full (plus any applicable delivery charges) on the website; and
– the acceptance of that offer by Industrial Shed Pty Ltd Online.
• When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
– any requirements set out in these terms have been met;
– the electronic instruction containing the offer from you enters and is recorded in our database;
– a record is created and stored in our database; and
– Industrial Shed Pty Ltd Online receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
• You acknowledge that:
– the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Industrial Shed Pty Ltd Online for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
– to the extent permitted by law, Industrial Shed Pty Ltd Online is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
– Industrial Shed Pty Ltd Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
– Industrial Shed Pty Ltd Online may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
You will receive an email from Industrial Shed Pty Ltd Online as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
If your Order is not accepted by Industrial Shed Pty Ltd Online, Industrial Shed Pty Ltd Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
Industrial Shed Pty Ltd Online may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Industrial Shed Pty Ltd Online cannot supply a particular product, Industrial Shed Pty Ltd Online will notify you by telephone or email as soon as possible.
Industrial Shed Pty Ltd Online will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Industrial Shed Pty Ltd Online.
Images of products shown without any advertised price beside that image are not offered for sale.
Unless otherwise stated, any accessories shown in any image of products are not included in the price.
All limited time promotional prices, specials and other offers are set to AEDT (Australian Eastern Daylight Time) and will only be honored during this time frame.
We reserve the right to correct any errors published on the website.
All payments must be made in full prior to delivery.
Payments must be made via EWAY, EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
Industrial Shed Pty Ltd has the right to carry out security checks on any sales over $300.00.
SUPPLY & DELIVERY
Subject to you complying with these Terms and acceptance of your Order by Industrial Shed Pty Ltd Online, Industrial Shed Pty Ltd Online will sell and supply the products to you as shown on your Order confirmation.
Products may not be available for immediate delivery. Industrial Shed Pty Ltd Online handling time is 1-5 working days.
When you complete your Order you will be prompted to select whether you wish to collect your Order from a Industrial Shed Pty Ltd Store or to have the Order delivered to an address specified by you.
During “Free Shipping Australia Wide” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.
DELIVERY BY POST OR CARRIER
The terms of this clause apply where you select to have your goods delivered to a specified address.
The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
Industrial Shed Pty Ltd Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Industrial Shed Pty Ltd Online does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
Industrial Shed does not include insurance as part of any product purchased; this will need to be purchased separately to protect our customers from any lost or damaged goods.
Industrial Shed does not accept liability for any goods lost or damaged in transit without insurance.
Please contact us on email@example.com to purchase insurance once you have placed your order.
Please document your order number in email.
Industrial Shed Pty Ltd Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
Industrial Shed Pty Ltd Store or to have the Order delivered to an address specified by you.
During “Free Shipping Australia Wide” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.
ORDERS FOR COLLECTION FROM INDUSTRIAL SHED PTY LTD STORE
The terms of this clause apply where you select to collect your Order from Industrial Shed Pty Ltd.
If you select to collect your goods from Industrial Shed Pty Ltd; a representative of Industrial Shed Pty Ltd Store will contact you by telephone or email to notify you when the Order is available for collection.
Orders for collection from Industrial Shed Pty Ltd must be collected within 7 days.
If your Order is not collected within this time, Industrial Shed Pty Ltd has the right to allocate those goods to another customer and reorder the goods for you.
When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).
TITLE AND RISK IN GOODS
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
PAYPAL AND CREDIT CARD FRAUD
The website employs EWAY and PayPal secure payment gateway to secure our payment systems.
To the extent permitted by law, Industrial Shed Pty Ltd will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
DISCLAIMER AND INDEMNITY
To the extent permitted by law, Industrial Shed Pty Ltd and exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- Errors, mistakes or inaccuracies on the website;
- You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- Personal injury or property damage of any kind resulting from your access or use of the website;
- Any unauthorised access to or use of the websites secure servers;
- Any interruption or cessation of transmission to or from the website;
- Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
- The quality or fitness for any purpose of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, Industrial Shed Pty Ltd Online and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
You will at all times indemnify, and keep indemnified, Industrial Shed Pty Ltd, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
Order Enquiries If you have any query about the progress of your Order please contact firstname.lastname@example.org
DAMAGED OR FAULTY PRODUCTS AND REFUND POLICY
If any product ordered by you arrives damaged or is not of acceptable quality you may have: – (a) rights under the Refund Policy; – (b) Legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or – (c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product.
Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere.
We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
We also recommend you immediately inspect any goods that we deliver to you or that you collect from Industrial Shed, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.
Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. Industrial Shed will not be liable for these delivered goods once the delivery note signed.
Exchanges are accepted given they are processed within 14 days from time of delivery
If your Order arrives damaged, please contact email@example.com
PRIVACY AND PERSONAL INFORMATION
The privacy of your personal information is important to Industrial Shed Pty Ltd Online.
Industrial Shed Pty Ltd Online and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact firstname.lastname@example.org
Personal information may include your name, residential and/or postal address, telephone number and email address.
Your personal information is not collected if you only browse this website.
Online payments are handled by ANZ and Paypal.
Industrial Shed Ltd Online does not store your credit card or banking details. Please check the www.anz.com and www.paypal.com.au websites for details of their privacy policies and security measures.
Industrial Shed Pty Ltd and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes.
You agree that Industrial Shed Pty Ltd Online and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Industrial Shed Pty Ltd Online thinks may be of interest to you.
If you would prefer not to receive promotional or other material from Industrial Shed Pty Ltd Online or its third parties, please let us know and Industrial Shed Pty Ltd Online will respect your request.
You also agree that Industrial Shed Pty Ltd Online may contact you by telephone to arrange delivery or collection of your Order.
Industrial Shed Pty Ltd Online will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Industrial Shed Pty Ltd warrants that all products supplied by it and purchased by you from Industrial Shed PTY LTD (‘Industrial Shed) dealers throughout Australia are free of defects except for those products listed under Warranty Exclusions.
Unless otherwise agreed in writing, Industrial Shed Pty Ltd has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to:
- Warranty services outside of Business Hours,
- Misusing or abusing the product or any of the accessories included within the kit,
- Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product,
- Using incorrect batteries or charges,
- Using any unauthorised, non-genuine or non-standard parts in connection with the Product,
- Using the with knowledge of or evidence of partial failure or a fault,
- Tampering with the product in any way otherwise stated in the Instruction Manual,
- Making mechanical adjustments inconsistent with the Instruction Manual,
- Not having taken reasonable steps to prevent damage or failure from occurring to the product,
- Storing the product inconsistently to the instructions provided in the Instruction Manual,
- Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual,
- Repairing or carrying out work on the product by any person other than a person or organization authorized by Industrial Shed Ptd Ltd.
IN ADDITION TO THE ABOVE, THIS WARRANTY DOES NOT COVER THE FOLLOWING:
Accidental damage or damage caused by Force Majeure Events including:
- environmental factors,
- natural discolouration of material due to ultraviolet light,
- crushing, impact with hard surfaces or damage cause in the transit of the product or to any parts,
- damage caused by excessive heat or cold ,
- damaged caused by solvents, or water entry into the product,
- damaged caused by contact with sand, rust, corrosion, fire, vermin and insect infestation, power outages or surges or inadequate voltage or current,
- abnormal product performance caused by any ancillary equipment interference or other external factors,
- Damage, failure or defects that occur for reason or reasons that were already disclosed to you or ought reasonably to have been disclosed to you prior to your purchase of the product,
- Normal wear and tear,
- Freight cost associated with transporting the product between you and the place of purchase,
- Products with serial numbers that have been altered or removed,
- Consumable items supplied with the product or that are part of the product, such as battery packs.
- No changes to these conditions are to be made without the written approval of the supplier.
These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Industrial Shed Pty Ltd Online makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Industrial Shed Pty Ltd Online.
TRANSFER AND ASSIGNMENT
If Industrial Shed Pty Ltd Online merges, sells or otherwise change control of its business or this website to a third-party, Industrial Shed Pty Ltd Online reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Industrial Shed Pty Ltd Online has collected from you and any agreements it has made with you.
The failure by Industrial Shed Pty Ltd Online to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Industrial Shed Pty Ltd Online.