Terms & Conditions
- Australian Pennant Products Pty Ltd may, at any time, add or remove content from this website without notice.
- Although Australian Pennant Products Pty Ltd uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Australian Pennant Products Pty Ltd cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Australian Pennant Products Pty Ltd or by manufacturers or suppliers changing product specifications without notice to Australian Pennant Products Pty Ltd Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
- The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us.
- This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Australian Pennant Products Pty Ltd does not in any way represent that Australian Pennant Products Pty Ltd recommends or endorses the relevant advertiser, its products or services.
- Australian Pennant Products Pty Ltd nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Australian Pennant Products Pty Ltd liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
- Australian Pennant Products Pty Ltd Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Australian Pennant Products Pty Ltd does not accept any responsibility in connection with your participation in activities conducted by any other party.
2. Your Use of the Website
- You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- Australian Pennant Products Pty Ltd may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
- Australian Pennant Products Pty Ltd may in its sole discretion restrict your access to this website. If Australian Pennant Products Pty Ltd does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Australian Pennant Products Pty Ltd will not be liable to you or any third party for doing so.
- As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
3. Intellectual Property Rights
- The Australian Pennant Products Pty Ltd logos are the intellectual property of Australian Pennant Products Pty Ltd Retailing Pty Limited and used under limited license by Australian Pennant Products Pty Ltd Online.
- Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Australian Pennant Products Pty Ltd makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
- You may view this website and its contents for personal and non commercial use only, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Australian Pennant Products Pty Ltd or, in the case of third party material, from the owner of the copyright in that material.
- You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
- If you correspond or otherwise communicate with Australian Pennant Products Pty Ltd, you automatically grant to Australian Pennant Products Pty Ltd an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
4. Secure Data and Transmissions
- Given the nature of the internet, Australian Pennant Products Pty Ltd cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Australian Pennant Products Pty Ltd does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Australian Pennant Products Pty Ltd and its third parties take precautions to protect information, Australian Pennant Products Pty Ltd does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Australian Pennant Products Pty Ltd or its third party receives your transmission, Australian Pennant Products Pty Ltd and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.
- You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Australian Pennant Products Pty Ltd nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
- full fill requests for products, services or information,
- provide customer services,
- administer drawings or promotions,
- offer new products and services,
- measure and improve the effectiveness of our Web sites, our marketing efforts, or our services and offers,
- tailor our online or in-store offerings to your preferences,
- administer surveys,
- send marketing communications or
- other business purposes.
We request that children under 17 do not submit or post any information to the site without parent? or guardian’s consent. We will not request or knowingly collect from a child any information online that can be traced to the child, such as an e-mail address, name, or information about the child’s family. Unless a parent or guardian consents to such use in advance, we will not knowingly use information that a child provides to us for any marketing, selling or promotional purposes. Also, please note that you may receive business-related communications such as order confirmations, product recall information, Newsletters or other administrative communications. If you have any further questions please contact us through the contact form. 8. Disclaimer
- Australian Pennant Products 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.
- Australian Pennant Products 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, Australian Pennant Products 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, Australian Pennant Products 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, Australian Pennant Products Pty Ltd limit their liability to the re-supply of the relevant information or services.
- You agree to indemnify Australian Pennant Products 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.
- The goods and services described in this website are available from Australian Pennant Products Pty Ltd Online only, and will be available for you to make an offer to Australian Pennant Products 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 Australian Pennant Products Pty Ltd Online accepts your offer, Australian Pennant Products Pty Ltd Online will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.
- You and Australian Pennant Products Pty Ltd Online may enter into a sale contract for the sale and supply of products, by you making an offer to Australian Pennant Products Pty Ltd Online via the website, to purchase goods at the specified price, subject to these Terms.
- The Australian Pennant Products Pty Ltd logo and words are the intellectual property of Australian Pennant Products 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 melbournetools.com.au or any associated websites owned by Australian Pennant Products Pty Ltd. – “Order” means an offer made by you in response to an invitation to treat made by Australian Pennant Products Pty Ltd Online via the website.
2. User Agreement
- 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.
3. Guests and Registered Users
- 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.
4. Legal Capacity
- 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 Australian Pennant Products Pty Ltd Online in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and Australian Pennant Products Pty Ltd Online for the supply of products.
- Australian Pennant Products 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 Australian Pennant Products 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.
- You and Australian Pennant Products 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:
- i. placing an electronic Order for the products using the website;
- ii. you confirming the Order details in accordance with the procedure on the website;
- iii. you making payment in full (plus any applicable delivery charges) on the website; and
- iv. the acceptance of that offer by Australian Pennant Products 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:
- i. any requirements set out in these terms have been met;
- ii. the electronic instruction containing the offer from you enters and is recorded in our database;
- iii. a record is created and stored in our database; and
- iv. Australian Pennant Products 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:
- i. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Australian Pennant Products 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;
- ii. to the extent permitted by law, Australian Pennant Products 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;
- iii. Australian Pennant Products 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
- iv. Australian Pennant Products 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 Australian Pennant Products 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 Australian Pennant Products Pty Ltd Online, Australian Pennant Products 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.
- Australian Pennant Products 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 Australian Pennant Products Pty Ltd Online cannot supply a particular product, Australian Pennant Products Pty Ltd Online will notify you by telephone or email as soon as possible.
- Australian Pennant Products 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 Australian Pennant Products 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.
- 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 NAB Transact, EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
- Australian Pennant Products Pty Ltd has the right to carry out security checks on any sales over $300.00.
8. Supply and Delivery
- Subject to you complying with these Terms and acceptance of your Order by Australian Pennant Products Pty Ltd Online, Australian Pennant Products 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. Australian Pennant Products 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 Australian Pennant Products Pty Ltd Store or to have the Order delivered to an address specified by you.
9. 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.
- Australian Pennant Products Pty Ltd Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Australian Pennant Products Pty Ltd Online does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
- Australian Pennant Products Pty Ltd does not include insurance as part of any product purchased; this will need to be purchased separately to protect our customers from any lost goods. Australian Pennant Products Pty Ltd does not accept liability for any goods lost in transit without insurance. Please contact us on firstname.lastname@example.org to purchase insurance once you have placed your order. Please document your order number in email.
- Australian Pennant Products Pty Ltd Online cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
10. Orders for Collection at a Australian Pennant Products Pty Ltd Store
- The terms of this clause apply where you select to collect your Order from a Australian Pennant Products Pty Ltd Store.
- If you select to collect your goods from a Australian Pennant Products Pty Ltd Store, a representative of the relevant Australian Pennant Products Pty Ltd Store will contact you by telephone or email to notify you when the Order is available for collection.
- Orders for collection at a Australian Pennant Products Pty Ltd Store must be collected within 7 days of the relevant Australian Pennant Products Pty Ltd Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Australian Pennant Products Pty Ltd Store 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).
11. 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. 12. PayPal and credit card fraud
- The website employs NAB Transact and PayPal secure payment gateway to secure our payment systems.
- To the extent permitted by law, Australian Pennant Products 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.
13. Disclaimer and Indemnity
- To the extent permitted by law, Australian Pennant Products 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, Australian Pennant Products 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, Australian Pennant Products 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).
14. Order Enquiries If you have any query about the progress of your Order please contact email@example.com. 15. 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 Australian Pennant Products Pty Ltd Online will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
- If your Order arrives damaged, please contact the firstname.lastname@example.org.
- The Buyer shall inspect the Goods on delivery and shall within three (3) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. In the case of the incorrect goods being purchased there will be a 10% restocking fee.Australian Power Tool Supplier warranty policy only covers products that are sold by Authorised Australian Power Tool SuppliersPower Tools that are purchased from providers outside of Australia may not be built to Australian standards and be deemed illegal to operate in Australia. Australian Power Tool Suppliers cannot guarantee the availability of spare parts for products that are purchased from suppliers that obtain products from other countries. If a Power tool that is not certified for use in Australia is deemed to be the cause of an accident or incident possible insurance claims may be made void.
16. Privacy and Personal Information
- The privacy of your personal information is important to Australian Pennant Products Pty Ltd Online.
- Australian Pennant Products 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 email@example.com. 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 NAB Transact and Paypal. Australian Pennant Products Pty Ltd Online does not store your credit card or banking details. Please check the www.nab.com.au and www.paypal.com.au websites for details of their privacy policies and security measures.
- Australian Pennant Products 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 Australian Pennant Products 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 Australian Pennant Products Pty Ltd Online thinks may be of interest to you. If you would prefer not to receive promotional or other material from Australian Pennant Products Pty Ltd Online or its third parties, please let us know and Australian Pennant Products Pty Ltd Online will respect your request. You also agree that Australian Pennant Products Pty Ltd Online may contact you by telephone to arrange delivery or collection of your Order.
17. Delays Australian Pennant Products 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. 18. Warranty Many of our products are sold with a guarantee or warranty from the manufacturer. In addition, they come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Full details of your consumer rights may be found at http://www.consumerlaw.gov.au/.” Please Note : For security purposes you maybe required to provide additional forms of identification. 19. Governing Law
- These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, 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 New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Australian Pennant Products Pty Ltd Online makes no representations that the content of the website complies with the laws of any country outside Australia.
20. Severability 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 Australian Pennant Products Pty Ltd Online. 21. Transfer and Assignment If Australian Pennant Products Pty Ltd Online merges, sells or otherwise change control of its business or this website to a third-party, Australian Pennant Products Pty Ltd Online reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Australian Pennant Products Pty Ltd Online has collected from you and any agreements it has made with you. 22. Waiver The failure by Australian Pennant Products 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 Australian Pennant Products Pty Ltd Online.