Heka Hoods Australia Pty Ltd – E-Commerce Terms and Conditions (“Terms and Conditions”)

1.1     The use of our online ordering service (Online Ordering Service) is governed by these Terms and Conditions, together with our website terms of use (Terms of Use), and privacy policy (Privacy Policy).

1.2     The expressions we and us are a reference to Heka Hoods Australia Pty Ltd (ACN 656 209 988) (Heka Hoods), except where otherwise indicated. The term you refers to the user of our Online Ordering Service who is placing an order (or the person or entity on whose behalf an order is being placed) (as the context requires).

1.3     Please carefully read these Terms and Conditions, together with our Terms of Use and our Privacy Policy, before placing an order through our Online Ordering Service. These Terms and Conditions contain important information about the ordering, delivery, and return of goods ordered through this website (Goods).

1.4     Your placement of an order through our Online Ordering Service indicates your acceptance of these Terms and Conditions.

1.5     If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.

 

2       General

2.1     The content of the pages of this website are for your general information and use only. The pages, including these Terms and Conditions, are subject to change without notice.

2.2     Amendments will be effective immediately each time you view this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of this website will represent an agreement by you to be bound by these Terms and Conditions (as amended).

2.3     While we take all reasonable endeavours to ensure the accuracy of the information detailed on this website, neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and, to the extent permitted by law, we accept no liability for any such inaccuracies or errors.

2.4     Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any Goods, services, or information detailed through this website meets your specific requirements.

2.5     Unauthorised use of this website may give rise to a claim for damages or be a criminal offence.

 

3       Orders

3.1     You may offer to purchase Goods from us by using our Online Ordering Service.

3.2     We currently only accept orders from Australia.

3.3     You are responsible for all contracts for the purchase of Goods entered with us. It is your responsibility to check the details of your order before you place an order using our Online Ordering Service, and you warrant and represent to us that you are able to enter into a legally binding contract (including that the individual using our Online Ordering Service has authority to enter into contracts and place orders on your behalf), and that all information provided by you in relation to that order is accurate and complete.

3.4     You are required to ensure that your contact details, billing information, and all other information in relation to your use of our Online Ordering Service or online account (where applicable) is kept up to date.

3.5     You will be liable to pay for any incorrect orders as a result of your provision of incomplete or inaccurate information or as a result of your failure to update your details.

3.6     When you submit an order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your order, along with an order reference number. If you receive an order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell any Goods to you.

3.7     Within seven (7) days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We may also accept your offer by dispatching the Goods to you. We reserve the right to refuse to supply the Goods ordered by you (or any part of them) or to terminate your online account with us for any reason (and without any requirement to provide any reason).

3.8     If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer. 

 

4       Availability of Goods

4.1     We cannot guarantee that our Goods will always be available for purchase, and our stock levels, and manufacture lead times may be subject to change without notice.

4.2     If we are unable to deliver Goods which have been ordered by you, we will endeavour to notify you via telephone or e-mail as soon as reasonably practicable. 

4.3     You will then be able to amend, cancel, or place your order on backorder until such time as the Goods come back into stock.

4.4     We reserve the right to withdraw or suspend from sale any Goods displayed on this website, either temporarily or permanently, at any time, with or without notice to you. 

 

5       Pricing

5.1     Prices for Goods are as shown on our Online Ordering Service at the time of purchase.

5.2     Where prices are indicated on this website, the prices are subject to change without notice. All prices are in Australian dollars and are inclusive of goods and services tax (GST).

5.3     In all other respects, the price is exclusive of taxes and other imposts imposed or levied in Australia connection with the supply of Goods, unless otherwise specified.

5.4     In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the quantity of the Goods ordered, and the address to where the Goods are to be delivered.

5.5     If delivery is required to be made to islands or remote areas, we will contact you to discuss delivery options and any applicable delivery charges. Should none of the options be agreeable, we will issue you with a full refund as soon as practicable.

5.6     Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of Goods due to a typographical error by us or due to a technological issue, we may refuse or cancel any orders that are placed for Goods listed at an incorrect price. We reserve this right up until the time the Goods are despatched.

5.7     If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.

 

6       Payment

6.1     Prior to placing an order, you must indicate your preferred payment method. Payment may be made by Visa, or Mastercard credit cards. We reserve the right to change the payment methods that we accept at any time.

6.2     We may charge a payment surcharge for applicable payment transactions equal to our reasonable cost of acceptance.

6.3     If the name on the credit card provided does not match the name on your order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing us with your card details, you authorise us to debit the purchase price and the applicable delivery charges (if any) from such card.

6.4     Goods you have ordered will not be despatched until payment has cleared. If your payment cannot be processed, your order will be cancelled, and we will notify you by e-mail.

6.5     A tax invoice will be forwarded to you at the time of payment or at the time of delivery.

6.6     Your tax invoice is your proof of purchase and may be required for any claims in respect of the Goods supplied by us.

 

7       Order cancellations

7.1     If you wish to cancel your order before the Goods are despatched, we may accept your order cancellation. If the Goods have already been despatched for delivery, we reserve the right to refuse to cancel your order.

7.2     Upon our acceptance of cancellation or your order, we will make all reasonable attempts to contact you using the details provided by you through our Online Ordering Service. All monies will be refunded using the payment method nominated by you at the time of purchase.

 

8       Despatch and delivery

8.1     The Goods are deemed to be delivered at the time:

(a)      you or any third party on your behalf collect the Goods from us;

(b)      we or our nominated carrier delivers the Goods to the delivery location stated in              your order (or to such other location as agreed in writing); or

(c)      your nominated carrier takes possession of the Goods.

8.2     Goods purchased through the use of our Online Ordering Service may be made available for collection or will otherwise be delivered to the address specified in your order by us or our nominated carrier. Please ensure this address is correct.

8.3     You acknowledge and agree that:

(a)      unless we otherwise agree, time in respect of delivery is not of the essence; and

(b)      any timeframe or date for delivery is an estimate only and is not a contractual commitment.

8.4     Goods will normally be delivered on business days (Monday to Friday).

8.5     We also reserve the right to deliver Goods ordered through our Online Ordering Service in one or more lots. If we elect to deliver the Goods in more than one lot, you will not be entitled to cancel your order (or any part of your order) without our prior written consent.

 

9       Risk

9.1     Risk of loss or damage to the Goods passes to you upon delivery to you or to your agent or to a carrier commissioned by you.

9.2     If you request that Goods ordered through our Online Ordering Service are to be delivered to any unattended location, you acknowledge that we or our nominated carrier may deliver the Goods as requested at your sole risk.

9.3     You agree to sign our delivery docket or consignment note or that of our nominated carrier as confirmation that you have received the Goods, and if appropriate, certify that you have received the Goods in apparent good order and condition in the quantity or volume you have ordered.

9.4     You must, within 24 hours of time of delivery or collection under clause 9.1, notify us in writing, with particulars and at our request, provide photographic evidence (to our satisfaction), of any claim that the Goods have been delivered damaged or otherwise delivered incorrectly. You acknowledge that we need to make immediate enquiries with our carrier regarding such matters, and accordingly, it is reasonable to require you to notify us within this time period so that our rights against the carrier are not adversely affected. 

 

10     Retention of title

10.1    Title in the Goods does not pass to you until you have made payment to us in full for the Goods in cleared funds.

10.2    During the time the Goods supplied have not been paid in full at any time, you agree that property and title in the Goods will not pass to you, and we retain the legal and equitable title in those Goods supplied and not yet sold.

 

11     Returns

11.1    We will accept the return of any Goods if:

      (a)  the Goods supplied do not conform with the contract for supply;

      (b)  the Goods are defective; or

      (c)  we are required by law to accept the return of the Goods.

11.2    At our discretion, we may accept the return of Goods if you change your mind if:

      (a)  you agree to:

          (i)    pay the lesser of a handling and administration charge of 20% of the purchase price of the returned Goods or $200; and

          (ii)   reimburse us for all costs we incur in connection with the return of those Goods (except for Goods we have incorrectly supplied or we agree are defective);

       (b)  the Goods are in substantially the same condition to the condition in which they were delivered and have not been used, modified or altered in any way; and

       (c)  the Goods were not specifically produced or procured at your request.

11.3    You indemnify and release us from any damage that occurs to any Goods in return transit. You should ensure that any returned Goods are insured against such damage.

11.4    To process any returns, you must notify us in writing within 14 days of delivery or collection, with particulars, of any claim that the Goods delivered are not in accordance with the contract for supply or are defective, and at our request, provide photographic evidence (to our satisfaction) of any alleged defects to the Goods. This clause does not operate to limit any rights that cannot be limited under the Australian Consumer Law.

 

12     Intellectual Property Rights

12.1    All right, title, and interest in the Intellectual Property Rights in and to all Goods sold or supplied by us are, and will at all times, remain our property.

12.2    You acknowledge and agree that you have no rights to use our Intellectual Property Rights under these Terms, except as expressly set out herein, unless otherwise agreed in writing.

12.3    We may, from time to time, supply images, logos, and other graphic material (Graphic Material) to you. The copyright in all Graphic Material is, and will at all times, remain in Heka Hoods Development Pty Ltd (ACN 668 845 378).

12.4    In these Terms and Conditions, the term Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statue, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.

 

13     Description of Goods

13.1     Our ‘Express by Heka Hoods’ range of Goods:

(a)      are specifically only suitable for (non-cyclonic) wind classes N1, N2, and N3 (see Australian Standard AS 4055-2012 (Wind Loads for Housing)) when fixed back to timber, concrete, and steel. Our Goods are not designed to be fixed back to brick and are not suitable for (cyclonic) wind classes C1 to C4 (see Australian Standard AS 4055-2012 (Wind Loads for Housing)); and

(b)      may contain slight variations in the colour and finish of the powder coating. These variations can occur due to factors such as the colour batching process, different suppliers, production runs, and other external factors that may affect the colour and consistency of the finish. While we strive to ensure uniformity, slight discrepancies in shade, hue, or texture may be present between items. You acknowledge and agree that such variations do not amount to a defect in the Goods and do not affect the quality or performance of the Goods.

13.2    If you require any Goods for a particular purpose, you must advise us of that purpose prior to placing your Order and must obtain a written assurance from us that the Goods will meet your requirements. If you do not advise us of your requirements and we do not expressly warrant in writing that the Goods will be fit for your particular purpose, then you agree that you did not rely upon our skill or judgment in relation to the suitability of the Goods for that purpose. For clarity, our personnel are not qualified to, and do not, provide engineering services or advice and in no circumstances should any advice provided by our personnel be treated as such.

13.3    Without limiting subclauses 13.1 and 13.2, you acknowledge it is your sole responsibility to determine:

       (a)      site-specific wind ratings;

       (b)      the structural integrity and suitability of the site; and

       (c)      the selection of the power coating colour and finish.

13.4    Unless otherwise agreed in writing, our Goods do not contain:

       (a)      predrilling; or (b)      fixtures.

 

14     Limitation of liability

14.1    No party is liable to the other party for any Consequential Loss however caused             arising out of or in connection with any contract for supply of which these Terms             and Conditions form part.

14.2    To the extent permitted by law, you hold us harmless and release us from any                claims, loss, or damage, suffered or incurred by you or any third party where your            failure (or your personnel’s failure) to install the Goods in accordance with our                  Installation Guidelines (including where the Goods have been installed to an                    unsuitable fixing member or in an unsuitable wind region).

14.3    If the contract for supply is not a Consumer Contract or a Small Business Contract          then, to the extent permitted by law, our liability is limited to:

        (a)   us repairing or replacing the Goods; or

        (b)   us paying you the cost of having the Goods repaired or replaced.

14.4    In these Terms and Conditions, the terms:

        (a)   Consequential Loss includes any

               (i)    consequential loss;

               (ii)   loss of anticipated or actual profits or revenue;

               (iii)   loss of production or use;

               (iv)    financial or holding costs;

               (v)      loss or failure to realise any anticipated savings;

               (vi)     loss or denial of business or commercial opportunity;

               (vii)   loss of or damage to goodwill, business reputation, future reputation, or                          publicity;

                (viii) loss or corruption of data;

                (ix)   downtime costs or wasted overheads; or

                (x)     special, punitive, or exemplary damages.

       (b)  Consumer Contract and Small Business Contract have the meaning given to                 these terms section 23(3) of the Australian Consumer Law, being Schedule 2 to               the Competition and Consumer Act 2010 (Cth).

 

15 General

15.1  These Terms and Conditions will apply to every contract for the supply of goods made using our Online Ordering Services.

15.2   A waiver of any provision or breach of these Terms and Conditions will only be effective if made by a party in writing. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.

15.3   If any part or term of these Terms and Conditions is illegal, invalid, or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from the contract and the remaining provisions will not be affected, prejudiced, or impaired by such severance.

15.4    Your use of this website and any dispute arising out of these Terms and Conditions is subject to the laws of Queensland, Australia and the law of the Commonwealth of Australia in force in Queensland.

 

16     Privacy policy

16.1    Please refer to our Privacy Policy to see how we collect, use, disclose, and protect            your personal information. Please click here to view our Privacy Policy.

16.2    Alternatively, we can provide you with a copy of our privacy policy upon request. 

 

17     Website Terms of Use

        Your use of this website is governed by the Terms of Use.

 

18     Termination of access

        Access to our Online Ordering Service may be terminated at any time by us with or without notice.