TERMS AND CONDITIONS OF SALE
1. Placing an order
1.1 You must be eighteen (18) years of age or older to register as a member of the Website.
1.2 You may place an order by completing and submitting an order on our Website, in accordance with any purchasing instructions published on the Website. When your order is finalised, you will be provided with an email confirming the details of your order, pending delivery. When your order ships, you will be provided with a second email attaching your receipt and providing you with an estimated date of delivery and a link to track and trace your order.
1.3 Subject to any quantity restrictions that may be published on the Website or otherwise notified to you, you may order as many products as you wish in one order. If, however, you elect to place multiple, separate orders, a separate delivery fee (where applicable) will apply to each order.
1.4 If you are placing an order for or to be delivered to a third party, you represent and warrant to us that you have obtained consent from that third party to provide us with their Personal Information (as that term is defined in the Privacy Act, 1988 (Cth)).
1.5 All orders for products purchased under these Terms are for the use of the purchaser of the products and must not be resold.
1.6 We may, in our sole discretion, accept or reject an order for any reason, at any time. If we reject an order, you will receive a full refund of any money paid.
1.7 We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided in an order.
2. Availability & Description of products
2.1 Not all products distributed by EMD or advertised on the Website are available for online purchase.
2.2 Products that are not advertised on the Website as available for direct purchase or do not link to or appear in the Website’s online shopping feature are ineligible for online purchase.
2.3 From time to time, products may be out of stock and we may not be able to fulfil your order. If this happens, we will contact you and refund you the price paid for any products we are unable to supply.
2.4 We may withdraw or suspend from sale any product displayed on the Website, either temporarily or permanently. If we withdraw or suspend from sale a product after your payment has been processed, we will contact you and provide you with a full refund of any money paid.
2.5 EMD reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. If your order is affected by such an error (which may include an error in description, price or otherwise), we will contact you, and cancel or reject, and refund the value of, that part of your order affected by the error. Alternatively we may agree with you to place your order on backorder, for delivery once the product becomes available.
2.6 EMD has made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products, however we cannot guarantee that your screen's display will accurately reflect the colour of the product on delivery.
2.7 You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a product may be sold separately.
3. Price and payment
3.1 When you place an order, we will charge you, and you agree to pay:
(a) the purchase price for each product ordered; and
(b) any applicable delivery or handling fees,
in the amounts specified on the Website.
3.2 All prices, delivery and handling fees are expressed in Australian dollars, and are exclusive of any applicable GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
3.3 Advertised prices may change. However, if you have already placed an order, the price that applies is the price specified at the time your order was finalised (unless clause 2.5 applies).
3.4 Payment methods are specified on the Website. If your payment cannot be processed, your order will be rejected and you will be prompted to review the details provided or use an alternate payment method.
3.5 If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your order value or add an incentive. It is your responsibility to ensure that the code is valid and that you enter the code or advise your customer service representative prior to finalising your order. Codes may be subject to separate terms and conditions of use, are only valid for limited times, and cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact Customer Service 1800 940 355.
3.6 You represent and warrant that in paying or attempting to pay for products using the Website, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.
3.7 We will provide you with an email attaching a receipt and track and trace link upon your order shipping. Your receipt, not your order confirmation, is your proof of purchase.
4. Cancelling or changing your order
4.1 Unless otherwise provided for in this clause or agreed to by EMD, no cancellations or changes to orders will be accepted. Carefully check your order details before submitting an order using the Website.
4.2 If we cannot contact you about your order, using the contact details provided by you, we may cancel your order and refund any money paid using the same payment method as the original payment.
4.3 If you are not satisfied with product when delivered and you call Customer Service 1800 940 355 within fourteen days of delivery of the product seeking to return the product EMD may in its absolute discretion agree to collect the product from you, replace the product with other similar product and/or provide a refund of or credit for the amount paid by you.
5.1 Products will not be dispatched for delivery until after full payment, inclusive of any applicable delivery and handling fees, has been received.
5.2 Delivery and handling fees (where applicable) will be advised at point of sale, prior to you completing your transaction. If you do not agree to pay the delivery fee, you should not complete your order.
5.3 Delivery will be made to the address specified in the purchase order. Please allow 7 to 14 days for your delivery to arrive. If you need to change the delivery address, please contact Customer Service 1800 940 355 as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.
5.4 Deliveries are made using third parties. As such, we cannot commit to an exact delivery date or time. You will, however, be provided with a track and trace link once your order has shipped, which will provide an estimated delivery date and details of how and when to contact us to follow up on the status of your order.
5.5 A signature on delivery may be required.
6. Title and risk
6.1 Title and risk in the products passes to you on the date and at the time the products are delivered to you in accordance with clause 5. In the event a product is returned pursuant to clause 4, title and risk in the product being returned passes to EMD at the time the product is delivered back to EMD.
7. Warranty and Limitation of Liability
7.1 EMD warrants that the products supplied will comply with the specifications for the product (“Specifications”).
7.2 Provided that the product has been used:
7.2.1 in the manner reasonably contemplated by EMD and you at the time of placing the order for the product;
7.2.2 in accordance with the Specifications; and
7.2.3 where applicable has been serviced as required by a EMD authorised technician
during the period of 12 months (or such longer period as may be agreed in writing by EMD) from the delivery of the product, EMD will without charge to you repair or replace (at EMD’s sole option) any defect in the structural and/or non wearing parts of any product that draws its operational energy either electrically or pneumatically.
7.3 To the extent possible EMD will pass to you the benefit of any warranty provided by the supplier of any component of the product.
7.4 Except as provided in 7.1 and 7.2 to the fullest extent permissible by law, EMD excludes all conditions and warranties implied by statute, general law or custom.
7.5 To the fullest extent permitted by law, EMD excludes and expressly disclaims any and all liability for any loss, expense, damage or claim suffered or incurred by you (whether direct, indirect or consequential) arising in any way out of use of the products, including but not limited to, lost profits, consequential damages or loss, costs and damages sustained or incurred directly by you or as a result of a claim by a third party.
7.6 To the extent that EMD is not permitted by law to exclude liability in accordance with clauses 7.4 and 7.5 you agree that EMD’s liability for any loss, expense, damage or claim suffered or incurred by you (whether direct, indirect or consequential) arising from or in connection with the provision of the Goods or Services, or any negligent act or omission of EMD, its officers, employees, contractors or agents, including but not limited to, lost profits, costs and damages sustained or incurred as a result of a claim by a third person or liability for breach of any express term of these Conditions, or liability for breach of any statutory or regulatory condition, is limited to, at the sole discretion of EMD:
(i) In the case of Goods:
(A) the replacement of the goods or the supply of equivalent goods; or
(B) the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(C) the repair of the Goods; and
(ii) in the case of Services:
(A) the cost of supplying of the Services again.
7.7 Unless otherwise agreed by EMD all warranty service will be provided during normal business hours 8am - 4pm. After hours warranty or telephone support will be charged at EMD nominated rates.
8.1 You agree to indemnify and keep indemnified EMD and its directors, officers, employees and agents, from and against any and all actions, claims, proceedings or demands which may be brought against EMD or its directors, officers, employees and agents, in respect of any loss, damage, death, injury, illness, costs, expenses and liabilities of any kind (including, without limitation, reasonable legal costs) whether for personal injury or property damage, and whether special, direct, indirect, or consequential including consequential financial loss, arising out of or in connection with the purchase or use of the products by you or any third party save to the extent that EMD’s breach of these Terms or the negligence of EMD’s employees or agent contributed to that loss and then only to the extent of such contribution.
(b) To the full extent permitted law, Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations and liabilities of either party under or in connection with these Terms whether such rights, obligations or liabilities are sought to be enforced in contract (including breach of contract), in tort (including negligence), in equity, under statute or otherwise at law.
9.2 EMD reserves the right to conduct and implement fraud detection processes, including without limitation to validate your credit card or payment details.
10.2 If any provision of these Terms is invalid, illegal or unenforceable, that term or those terms are ineffective to the extent of the prohibition or unenforceability, without invalidating the remaining provisions of these Terms.
10.3 Any failure by us to exercise a right under these Terms does not constitute a waiver of any existing or future rights in relation to the provision.
10.4 You acknowledge that nothing in these Terms grants to you any intellectual property rights (including copyright, trademarks, patents and designs) in relation to the products.
10.4 These Terms are governed by the laws of New South Wales, Australia. Any transaction conducted under these Terms is deemed to have taken place in New South Wales.
Terms last updated on: 23/1/17