Trading terms and conditions of Global Doorstep Pty Ltd, Trading as Cabling Direct
These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Goods. We look forward to seeing you again when you are over 18.
We are: Global Doorstep Pty Ltd, Trading as Cabling Direct
Our address is: PO Box 1479 Green Valley NSW 2168
You are: a visitor to Our Website / our customer
The terms and conditions:
In this agreement:
means any person or business contracted by us to carry Goods from us to you.
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means any content in any form published on Our Website by us or any third party with our consent.
means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
means the entire computing hardware and software installation that is or supports our website.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;
In this agreement unless the context otherwise requires:
2.1 A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2 These terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3 Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4 Except where stated otherwise,any obligation of any person arising from this agreement may be performed by any other person.
2.5 In this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
2.7 All money sums mentioned in this agreement are calculated net of GST, which will be charged when payment is due.
2.8 A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.9 These terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10 This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2 Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3 Because we rely on our suppliers, wedo not guarantee that Goods advertised on our website are available.
3.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
3.5 If in future, you buy Goods from us under any arrangement, which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
4. Acceptance of your order
4.1 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason.
4.2 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.2.1 accept the alternatives we offer;
4.2.2 cancel all or part of your order.
5. Price and Payment
5.1 It is possible that the price may have increased from that posted on our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
Prices include GST.
5.3 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.
5.4 If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
5.5 The price of the items does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.6 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14days from the date when we accept that repayment is due.
6. Security of your credit card
6.1 We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7. Consumer protection: cancellation and exclusions
7.1 You may cancel your order at any time before we despatch your order. Once the order has been dispatched we are unable to cancel your order.
7.2 No term in this agreement shall take effect to reduce or remove any right you have under any law on account of your status as a consumer.
7.3 As required by the Competition and Consumer Regulations 2010, details of our after-sales service and guarantees, if any, are given on our website / in our catalogue.
7.4 The option to cancel your order is not available if the Goods are:
7.4.2 made or altered to your specification;
7.4.3 shrink wrapped or otherwise sealed electronic media such as software or DVD, which has been opened.
7.4.4 newspapers or magazines.
7.5 You may cancel your order at any time before we have despatched the Goods. If you do, we will refund to you the price of the Goods and any delivery charge.
8. Delivery and pick up
8.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
8.2 If we are not able to deliver your Goods within 30days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.3 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
8.4 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.5 All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.6 Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.7 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.
9. Liability for subsequent defects (Warranty)
9.1 We will repair or replace Goods which fail to comply with the provisions of the Sale of Goods Act or which show a defect. If you claim that the item is defective, the following conditions apply:
9.1.1 the defect must be reported to us within four weeks of becoming apparent;
9.1.2 if the goods arrive faulty or damaged (dead on arrival) you must notify us within 7 days of arrival. A photo might be necessary to assist with you claim if the product arrives damaged.
9.1.3 the defect results only from faulty design or manufacture;
9.1.4 you have returned the defective Goods or parts to us if we have so requested.
9.2 If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
9.3 If we repair or replace Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
10. Goods returned
These provisions apply in the event that you return any Goods to us for any reason:
10.1 We do not accept returns unless you buy as a consumer, or there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
10.2 Before you return a product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
10.3 The Goods must be returned to us as soon as any defect is discovered.
10.4 So far as possible, Goods should be returned:
10.4.1with both goods and all packaging as far as possible in their original condition;
10.4.3including our delivery slip;
10.4.4at your risk and cost.
The procedure for return of Goods is set out on our website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.
10.6 Detailed instructions for returning a faulty item are on our web site at [http://www.cablingdirect.com.au/warranty-returns-policy/]. Please note in particular that we cannot deal with your complaint unless you return the entire product that you bought: that is to say, with all components and parts and in the original packaging.
10.6.1 Return policy
Our returns policy is in addition to your rights under the Australian Consumer Law. Please read the following carefully to ensure you are fully aware of your rights under this policy and our obligations to you.
10.6.2 Change of mind returns
If you wish to return an item because you have changed your mind about your purchase, We will refund provided that:
You return the item within 28 days of purchase.
You provide adequate proof of purchase.
The item is in resaleable condition including that:
It is in its original packaging, including instruction manuals and all accessories.
It is unused and in its original condition.
If these requirements are not satisfied we reserve the right not to offer an exchange or refund for change of mind returns.
At our discretion if the above conditions are not met we may opt to accept the return with a 20% restocking fee.
We reserve the right to assess the condition and age of returned goods prior to providing refund. This may result in a refund being refused.
Refunds will be issued using your original payment method.
For change of mind on returns or exchanges, the delivery fee is non-refundable and the item must be return at the customers expense.
10.7 In returning a faulty item please encloses with it a note clearly stating the fault and when it arises or arose.
10.8 Most of the Goods are covered by the manufacturer's guarantee for minimum of 12 months. Please first check the plug, fuse, batteries and the manufacturer's operating instructions.
10.9 Goods delivered to a the Commonwealth of Australia address, you are also protected by the Sale of Goods Act and Competition and Consumer Act 2010.
10.10 If we agree that the item is faulty, we will:
10.10.1refund the cost of return carriage;
10.10.2repair or replace the item as we choose.
11.1 Conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the fullest extent permitted by law.
11.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
11.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
11.4 We give no warranty and make no representation, express or implied, as to:
11.4.1the quality of the Goods;
11.4.2any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
11.4.3the correspondence of the Goods with any description;
11.4.4the adequacy or appropriateness of the Goods for your purpose;
11.4.5the truth of any Content on Our Website;
11.4.6compliance with any law;
11.4.7non-infringement of any right.
11.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
11.6 Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the goods or services you have purchased.
12. Your account with us
12.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
12.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
12.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Content, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14. Intellectual Property
14.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
14.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
14.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
14.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
15. System Security
15.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
15.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
15.3 You may not use any software tool for the purpose of extracting data from our website. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
16. Miscellaneous matters
16.1 No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.
16.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
16.3 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
16.4 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or that service.
16.5 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
16.6 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
16.7 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
16.8 Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
If delivered by hand: on the day of delivery;
If sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
16.9 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
16.10 This agreement does not give any right to any third party
16.11 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
16.12 The validity, construction and performance of this agreement shall be governed by laws of the State of New South Wales. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the State of New South Walesand Australian courts.