OzePac Online Store Information
Welcome to ozepac.com.au website!
We value our customers and recognise that ordering on the web without physically checking goods,
requires trust. At Ozepac Solutions Group’s web store you can shop online with
the comfort of knowing that your order is backed by a 100% Money Back
Guarantee. Our guarantee gives you plenty of time to check items and if for any
reason you are not satisfied Contact Us to request a refund. Then return the
product to us within 30 days for a credit (less shipping fees).
Please note: This guarantee is not applicable to custom made
products.
Please read the terms carefully, because by using the
ozepac.com.au website, you agree to comply with and be bound by these terms. By
accessing or purchasing goods on www.ozepac.com.au, all customers agree to be
legally bound by and to comply with the Terms of Use contained herein. Because
the Terms of Use contain legal obligations, please read them carefully before
using.
Ozepac Solutions Group reserves all the rights and
authorities to modify and update these Terms Use at anytime, without prior
notice. Any posted changes are effective immediately after posting and your
continued use of the Site constitutes your agreement that you've read all of
these Terms of Use, acceptance that you respect them in their entirety and its
amendments. Ozepac Solutions Group is pleased to accept orders subject to the
Terms and Conditions of sale as stated below.
1. Definitions
1.1 “Seller” or “We” shall mean Ozepac Solutions Group or
website (www.ozepac.com.au) and its
successors and assigns.
1.2 “Customer” or “You” shall mean the Customer or any
person acting on behalf of and with the authority of the Customer.
1.3 “Guarantor” means that person (or persons), or entity
who agrees herein to be liable for the debts of the Customer on a principal
debtor basis.
1.4 “Goods” shall mean Goods supplied by the Seller to the
Customer (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 Customer 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 Customer subject to clause
2 of this contract.
1.7 “Days” refers to working days, being Monday to Friday
inclusive, excluding bank holidays, public holidays unless otherwise stated.
2. Description and
Price of the Goods:
2.1 The description and price of the goods you order will be
as shown on the Seller's website at the time you place your order. The price
for each product is shown on ozepac.com.au website in Australian Dollar and
excludes 10% GST where appropriate.
2.2 Prices do not include charges for delivery. This will be
additional depending on the value of the order or weight of the products and
delivery address details. As you know our great Australia
is a vast country, freight cost is higher in regional, country and outback Australia.
2.3 The goods are subject to availability. The ozepac.com.au
prides itself in providing exclusive, top quality goods. Availability of goods
may vary and some items featured on the site may be available only in limited
quantities. Display of an item on this site is not a guarantee that the item is
currently in stock or that it will be available on our website when you visit
again. If you cannot find a specific item that caught your eye on a previous
visit to our website or if you have any questions regarding the availability of
an item, please do not hesitate to contact us. We will do our best to fulfill
your request whenever possible.
2.3.1 If on receipt of your order the goods you have ordered
were shown in stock and are then not available in stock, the Seller will inform
you as soon as possible and advise you of the earliest possible delivery date.
Should you wish to cancel your order at this point, you must immediately send
an email stating your order acknowledgement number and that you wish to cancel
your order. On receipt of your email the supplier will issue a refund or
re-credit to you for any sum that has been paid by you or debited from your
credit card for the goods.
2.3.2 If on receipt of your order the goods you have ordered
were shown not in stock the Supplier will inform you as soon as possible and
advise you of the earliest possible delivery date. Should you wish to cancel
your order at this point, you must immediately send an email stating your order
acknowledgement number and that you wish to cancel your order. On receipt of
your email the supplier will issue a refund or re-credit to you for any sum
that has been paid by you or debited from your credit card for the goods, but
the seller will retain a cancellation fee of $2.00 to cover credit card payment
charges.
2.4 Every effort is made to ensure that prices shown on the
Seller's website are accurate at the time you place your order. If an error is
found, the Seller will inform you as soon as possible and offer you the option
of reconfirming your order at the correct price, or canceling your order. If
the Seller does not receive an order confirmation within 7 days of informing
you of the error, the order will be cancelled automatically. If you cancel, the
Seller will refund or re-credit you for any sum that has been paid by you or
debited from your credit card for the goods.
2.5 We reserve the right at any time to revise prices to
account for any increases in costs including the increase or imposition of any
duty, tax, levy, foreign currency exchange rate variation, provisions of any
Acts, By-Law, Order or Regulation of any parliament, state government charges
or local authority enacted after the date of contract between the Customer and
Seller and the cost of labour, materials and other manufacturing costs. We will
take all reasonable steps to notify you of any relevant revision of prices
before processing your order.
3. Payment and
Security:
3.1.1 Payment for the goods and delivery charges can be made
by any method shown on the Seller's website at the time you place your order.
Payment shall be due before the delivery date and time for payment shall be of
the essence.
3.1.2 There will be no delivery until cleared funds are
received.
3.1.3 Payments shall be made by you without any deduction
whether by way of set-off, counterclaim, discount, abatement or otherwise
unless you have a valid and eligible
approval by seller such deduction to be paid by the Seller to you.
3.1.4 We accept all major credit and debit cards in
partnership with ANZ secured ePOS gateway and Paypal. We have also subscribed
to the Paypal Guarantee Program to provide you with complete peace of mind. Payment
will be made by cash, or by cheque, or by bank cheque, or by any other method
as agreed to between the Customer and the Seller.
3.1.5 At the Seller’s sole discretion a deposit may be
required for custom print goods. The deposit amount or percentage of the Price
will be stipulated at the time of the order of the Goods and shall become
immediately due and payable.
3.1.6 Time for payment for the Goods shall be of the essence
and will be stated on the invoice, quotation or any other order forms. If no
time is stated then payment shall be before delivery of the Goods.
3.1.7 At the Seller’s sole discretion, payment for approved
Customer’s shall be due on thirty (30) days following the end of the month in
which a statement is posted to the Customer’s address or address for notices.
3.2 To ensure that your online shopping experience is
secure, your credit / debit card details will be encrypted on a secure server
to minimise the possibility of someone being able to read them as they are sent
over the Internet.
3.3 How does Ozepac Solutions Group Protect Customer
Information?
3.3.1 When you place orders or access your account
information, we offer the use of a secure server.
3.3.2 For credit card transactions, we add security by using
Secure Sockets Layer (SSL) technology, with 128 bit encryption. This means that
the credit card information you send is encrypted by your computer, and then
decrypted again on our side, preventing others from accessing your private
information in between. So, when using an SSL capable browser, shopping on ozepac.com.au
website is the safest kind of transaction possible with a credit card.
3.3.3 Furthermore, as required by the Australian Data
Protection Legislation, we follow strict security procedures in the storage and
disclosure of information which you have given us, to prevent unauthorised
access. Our security procedures mean that we may occasionally request proof of
identity before we are able to disclose sensitive information to you.
4. Delivery of Goods
/ Services
4.1 Delivery of the Goods shall be made to the Customer’s designated
delivery address. The Customer shall make all arrangements necessary to take
delivery of the Goods whenever they are tendered for delivery, or delivery of
the Goods shall be made to the Customer at the Seller’s address. Deliveries are
normally made between the hours of 9am to 5pm
Monday to Friday.
4.2 Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. However, the Seller will not be
liable for any loss or damage suffered by you through reasonable or unavoidable
delay in delivery. In this case, the Seller will inform you as soon as
possible.
4.3 0rders placed before 12:00 pm (noon) on a working day
will be processed that day and will be delivered as per the requested delivery
option provided no additional security checks are required and all stock items
are available. (A working day is any day other than weekends and bank or other
public holidays). Where on the website we have indicated items in stock, we
shall endeavour but not guarantee to deliver the goods, once ordered within 3
working days in major metropolitan areas of each state.
4.4 If delivery cannot be made to your address for reasons
under the Seller's control the Seller will inform you as soon as possible.
4.5 Somebody will need to sign for your delivery unless you
specify special delivery instructions in advance. If you deliberately fail to
take delivery of the goods (otherwise than by reason of circumstances under
control of the Seller) then without prejudice to any other right or remedy
available to the Seller, the Seller may:
4.5.1 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.5.2 sell the goods at the best readily obtainable price
and (after deducting all reasonable storage and selling expenses) account to
you for any excess over the price you agreed to pay for the goods or charge you
for any shortfall below the price you agreed to pay for the goods.
4.5.3 if you fail to take delivery because you have
cancelled your contract under the Distance Selling Regulations the Seller shall
refund or re-credit you within 30 days for any sum that has been paid by you or
debited from your credit card for the goods, less any expenses incurred for
failed delivery.
4.6 Delivery of the Goods to a third party nominated by the
Customer is deemed to be delivery to the Customer for the purposes of this
agreement.
4.7 When your order arrives you must check for damages and
or shortages. Claims for damages and or shortages have to be made within 48
hours of receipt of your delivery. Claims for damages and or shortages made
after 48 hours of your delivery arriving will be refused. Time and date of
delivery is recorded with our carriers.
4.8 The failure of the Seller to deliver shall not entitle
either party to treat this contract as repudiated.
4.9 The Seller shall not be liable for any loss or damage
whatever due to failure by the Seller to deliver the Goods (or any of them)
promptly or at all.
4.10 Keep all the packaging from your delivery in a secure
dry environment in case you need to return any part of your order to us.
5. Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 0wnership of the goods shall not pass to you until the Seller
has received in full (in cash or cleared funds) all sums due to it in respect
of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Seller
from you on any account.
5.3 The Seller shall be entitled to recover payment for the
goods notwithstanding that ownership of any of the goods has not passed from
the Seller.
5.4 If any of the Goods are damaged or destroyed prior to
property in them passing to the Customer, 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. Title for Business
Customers
6.1 It is the intention of the seller and agreed by the
Customer that property in the Goods shall not pass until:
6.1.1 The Customer has paid all amounts owing for the
particular Goods, and
6.1.2 The Customer has met all other obligations due by the
Customer to the Seller in respect of all contracts between the Seller and the
Customer, and that the Goods shall be kept separate until the Seller shall have
received payment and all other obligations of the Customer are met.
6.2 It is further agreed that:
6.2.1 Until such time as ownership of the Goods shall pass
from the Seller to the Customer the Seller may give notice in writing to the
Customer to return the Goods or any of them to the Seller. Upon such notice the
rights of the Customer to obtain ownership or any other interest in the Goods
shall cease.
6.2.2 If the Customer fails to return the Goods to the
Seller then the Seller or the Seller’s agent may enter upon and into land and
premises owned, occupied or used by the Customer, or any premises as the
invitee of the Customer, where the Goods are situated and take possession of
the Goods, without being responsible for any damage thereby caused.
6.2.3 The Customer is only a bailee of the Goods and until
such time as the Seller has received payment in full for the Goods then the
Customer shall hold any proceeds from the sale or disposal of the Goods in
trust for the Seller.
6.2.4 The Customer shall not deal with the money of the
Seller in any way which may be adverse to the Seller.
6.2.5 Receipt by the Seller of any form of payment other
than cash shall not be deemed to be payment until that form of payment has been
honoured, cleared or recognised and until then the Seller’s ownership of rights
in respect of the Goods shall continue.
6.3 The Seller may require payment of the Price or the
balance of the Price due together with any other amounts due from the Customer
to the Seller arising out of these terms and conditions, and the Seller may
take any lawful steps to require payment of the amounts due and the Price.
6.4 The Seller can issue proceedings to recover the Price of
the Goods sold notwithstanding that ownership of the Goods may not have passed
to the Customer.
6.5 Until such time the Customer has the Seller’s authority
to convert the Goods into other products and if the goods are so converted, the
parties agree that the Seller will be the owner of the end products.
7. Your right of
cancellation and Returns Policy
7.1 You have the right to cancel the contract at any time up
to the end of 7 working days after you receive the goods (see below), providing
the goods have not been fitted or modified in any way and providing they are
returned with the original packaging and providing the goods are in a resalable
condition.
7.2 To exercise your right of cancellation, you must
immediately send an email to sales@ozepac.com.au stating your order
acknowledgement number and that you wish to cancel your order. You must then
arrange for the goods to be returned to Unit 1, 50 George Street,
Granville, NSW 2142, Australia
within 7 working days of informing us of your cancellation and returning them
at your cost.
7.3 If you exercise your right of cancellation after the
goods have been dispatched, you will be responsible for returning the goods to
the Seller at your own cost. You must take reasonable care to ensure the goods
are not damaged in the meantime or in transit.
7.4 0nce you have notified the Seller that you are
cancelling the contract, the Seller will refund or re-credit you within 30 days
for any sum that has been paid by you or debited from your credit card for the
goods only, and not for the packing and shipping costs, only after the
cancelled items have been received in good condition by us.
7.5 If you do not return the goods as required, the Seller
may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 The Commonwealth Trade Practices Act 1974 and Fair
Trading Acts
7.6.1 Nothing in this agreement is intended to have the
effect 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.
8. Warranty
8.1 All goods supplied by the Seller are warranted free from
defects for 12 months from the date of supply (unless otherwise stated). This
warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods
arising from fair wear and tear, willful damage, accident, negligence by you or
any third party, use otherwise than as recommended by the Seller, failure to
follow the Seller's instructions, or any alteration or repair carried out
without the Seller's approval.
8.3 If the goods supplied to you are damaged on delivery,
you should notify the Seller in writing via the e-mail address
sales@ozepac.com.au or fax to (02) 9760 0094 within 7 days. Initially you will
be responsible for returning the goods to the Seller at your own cost, your
return will be inspected upon delivery to the seller and providing the goods
have been returned as required you may be issued with a refund for the carriage
costs incurred. The goods must be returned to the address shown below. You must
take reasonable care to ensure the goods are not damaged further in the
meantime or in transit.
8.4 If the goods supplied to you develops a defect while
under warranty or you have any other complaint about the goods, you should
notify the Seller in writing via the e-mail address or fax number shown below,
as soon as possible, but in any event within 7 days of the date you discovered
or ought to have discovered the damage, defect or complaint. Initially you will
be responsible for returning the goods to the Seller at your own cost, your
return will be inspected upon delivery to the seller and providing the goods
have been returned as required you may be issued with a refund for the carriage
costs incurred. The goods must be returned to the address shown on our website.
You must take reasonable care to ensure the goods are not damaged further in
the meantime or in transit.
9. Limitation of
Liability
9.1 Ozepac Solutions Group’s total liability in contract,
tort (including negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, arising in connection with the performance or
contemplated performance of this agreement shall be limited to the price paid
for the goods.
9.2 Nothing in these conditions excludes or limits the
liability of the Seller for death or personal injury caused by the Seller's
negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Seller shall not be
liable to you for any indirect or consequential loss or damage (whether for
loss of profit, loss of business, depletion of goodwill or otherwise), costs,
expenses or other claims for consequential compensation whatsoever (howsoever
caused) which arise out of or in connection with this agreement.
9.4 Ozepac Solutions Group’s liability for direct loss or
damage arising from damage to tangible property for which Ozepac Solutions
Group is liable shall be limited to the GST exclusive price of the relevant
Product or Service in connection with which any claim for damage or loss is
made.
9.5 The limitation on any exclusion from liability contained
in these Conditions shall be subject to the provisions liability act.
9.6 Ozepac Solutions Group will not be liable in any amount
for failure to perform any obligation under this agreement if such failure is
caused by the occurrence of any unforeseen event beyond its reasonable control
including without limitation Internet outages, communications outages, fire,
flood, war or act of God.
9.7 If you are a business customer Ozepac Solutions Group
shall not be liable to you for any indirect or consequential loss or damage
(whether for loss of profit, loss of business, depletion of goodwill or
otherwise), costs, expenses or other claims for consequential compensation
whatsoever (howsoever caused) which arise out of or in connection with this
agreement.
10. Default &
Consequences of Default
10.1 Interest on overdue invoices shall accrue from the date
when payment becomes due daily until the date of payment at a rate of 2.5%
compounding per calendar month and shall accrue at such a rate after as well as
before any judgement.
10.2 If the Customer defaults in payment of any invoice when
due, the Customer shall indemnify the Seller from and against all the Seller’s
costs and disbursements including on a solicitor and own client basis and in
addition all of the Seller’s nominees costs of collection.
10.3 Without prejudice to any other remedies the Seller may
have, if at any time the Customer is in breach of any obligation (including
those relating to payment), the Seller may suspend or terminate the supply of
Goods to the Customer and any of its other obligations under the terms and
conditions. The Seller will not be liable to the Customer for any loss or
damage the Customer suffers because the Seller exercised its rights under this
clause.
10.4 If any account remains unpaid at the end of the second
month after supply of the goods or services an immediate amount greater than $50.00
or 20.00% of the amount overdue shall be levied for administration fees which
sum shall become immediately due and payable.
10.5 In the event that:
(i) any money payable to the Seller becomes overdue, or in
the Seller’s opinion the Customer will be unable to meet its payments as they
fall due; or
(ii) the Customer becomes insolvent, convenes a meeting with
its creditors or proposes or enters into an arrangement with creditors, or
makes an assignment for the benefit of its creditors; or
(iii) a receiver, manager, liquidator (provisional or
otherwise) or similar person is appointed in respect of the Customer or any
asset of the Customer;
then without prejudice to the Seller’s other remedies at lw
(iv) the Seller shall be entitled to cancel all or any part
of any order of the Customer which remains unperformed in addition to and
without prejudice to any other remedies; and
(v) all amounts owing to the Seller shall, whether or not
due for payment, immediately become payable in addition to the interest payable
under clause 10.1 hereof.
11. Copyright Notice
11.1 All content in what ever format found on ozepac.com.au website
is copyright of it's respective owner, Ozepac Solutions Group and legal action
may be taken if any person(s) or business is found using the content found on ozepac.com.au
website without permission in advance.
11.2 Ozepac Solutions Group does not give you any right or
interest in any copyright or intellectual property rights in any Product nor
the right to copy them. The copyright in Ozepac Solutions Group and the content
of all the software, web site and pages relating to the ozepac.com.au web site
is owned by, or licensed to Ozepac Solutions Group, unless otherwise specified
and may not be used, copied or altered without our express consent.
11.3 Copyright extends to the design, look and feel of ozepac.com.au,
all photographs on it and its marketing materials.
11.4 Ozepac Solutions Group, ozepac.com.au and our logos are trade names of Ozepac
Solutions Group and may not be used by anyone else without our express
permission.
11.5 Some product images and product descriptions within the
ozepac.com.au website are Copyright © their respective owners. All brand names,
logos and trademarks are property of their respective owners.
11.6 In addition to the above copyright notice any
person/persons or businesses wishing to use hyperlinks or links in any other
format to link ozepac.com.au must first obtain permission in writing and legal
action may be taken if deemed necessary by Ozepac Solutions Group if permission
was not obtained in advance or if permission was denied.
11.7 Where the Seller has designed or drawn samples or Goods
for the Customer, then the copyright in those designs and drawings shall remain
vested in the Seller, and shall only be used by the Customer at the Seller’s
discretion.
11.8 Conversely, in such a situation, where the Customer has
supplied drawings, the Seller in its sale conditions may look for an indemnity
(the specifications and design of the Goods (including the copyright, design
right or other intellectual property in them) shall as between the parties be
the property of the Seller).
11.9 Where any designs or specifications have been supplied
by the Customer for manufacture, by or to the order of the Seller then the
Customer warrants that the use of those designs or specifications for the manufacture,
processing, assembly or supply of the Goods shall not infringe the rights of
any third party
12. Registration and
Membership
12.1 On checkout when customer purchase products and services on ozepac.com.au may require the user
to register. A User must fill out some online registration forms to become a
"Member" of ozepac.com.au. These forms contain information about the
member and its company such as name, address, contact information, details of
business, etc. As registering for the Site, you (User) agree that; you have
provided true, accurate, valid and complete information about yourself or
company you represent and you also agree that you will promptly update the
member information to keep it true, accurate, valid, and complete when changes
occur. Users may edit, update, alter their personally identifiable information
at any time by using the tools provided by the Site.
12.2 If the User provides or attempts to give any information,
that is untrue, inaccurate, invalid, or incomplete, ozepac.com.au has the rights
and authorities to suspend or terminate User's registration and refuse any or
all use of ozepac.com.au and its features, products and services. If you have
registered on behalf of a business entity or a company, you
represent and warrant that you have the authority to bind such entity or
company to the Terms of Use and the address you use is the principal place of
business of such business entity.
12.3 All information given through registrations become the
exclusive property of ozepac.com.au and its subsidiaries. By becoming a Member,
you consent to the inclusion of your personal data in ozepac.com.au's database
and authorize ozepac.com.au to share such information with other Users and
Members. Ozepac.com.au reserves the right to use and reuse all registration and
other personally identifiable user information.
12.4 For more details about sharing and using information, please
refer to our Privacy Policy which governs the protection and the use of User
information in ozepac.com.au's possession. User hereby accepts the Privacy
Policy and any updates and amendments thereto. Each User acknowledges that ozepac.com.au
may change the Privacy Policy, without prior notice, by posting the updated
version on this Site. Your continuation of use of the Site shall be deemed to
be your acceptance of the Privacy Policy and its amendments.
12.5 Members may be alloted some telecomminication means
including but not limited to email account, auditorial or visual meeting
facilities, making inquries,etc. The member shall not use these facilities for
junk mail, chain letters or spamming or the transmission of any unlawful,
harassing, abusive, threatening, harmful, vulgar, indecent, obscene or
otherwise objectionable material of any kind. User acknowledges that ozepac.com.au may and has the authority to refuse registration and deny the
issuance of Member ID and Password to any User for whatever reason.
12.6 By filling out registration forms, a member is assigned a
unique Member ID among member IDs and a password the member chooses for logging
in its account. Members are responsible for maintaining the confidentiality of
the member ID and password, and are fully responsible for all activities that
occur under that member ID or password. So you must ensure that you exit (log
out) from your account at the end of each session. Ozepac.com.au cannot be and
will not be liable for any loss or damage arising from your failure to comply
with these requirements.
13. Errors &
Omissions
13.1 Every effort is made to ensure the accuracy of any
technical data or literature made available in relation to our products and
services.
13.2 All descriptions and illustrations of goods in any
catalogue, brochure, information on the ozepac.com.au website, price list or in any other document
provided by us are intended for general guidance only and do not form part of any
contract between you and us.
13.3 We accept no liability for any error or omissions in
such documents and cannot be liable in any circumstances for any loss or damage
resulting from your reliance on such descriptions and illustrations.
13.4 We will promptly correct any errors brought to our
attention.
14. Statutory Rights
All statements, guarantees or warranties in these terms of
trading are additional to and do not affect your statutory rights. These terms
and conditions are subject to change at any time without prior notice to you.
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Last updated 01/01/2010