Terms and Conditions

Terms and Conditions for sale of Goods

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These Terms and Conditions explain the basis under which the Seller wishes to sell and the Buyer wishes to buy the Goods described at clause 2 for the price described at clause 4.

The Buyer should read these Terms and Conditions very carefully to make sure that he understands exactly what is being agreed and that they contain everything that the Buyer wants.

  1. DEFINITIONS

In these Terms and Conditions, the following words and phrases have the following meanings:

‘Buyer’ the person or company purchasing the Goods
‘Commercial Unit’ a unit of Goods for which division of the unit would reduce the value of the Goods or damage the character of the unit
‘Confirmation of Acceptance’ the Seller’s confirmation that the Buyer’s order has been accepted and a binding agreement has been formed for the supply of Goods
‘Goods’ what the Buyer is purchasing from the Seller
‘Parties’ the Buyer and the Seller
‘Party’ either one of the Buyer or the Seller
‘Seller’ the person or company selling the Goods, contact details can be found at clause 19
‘Terms and Conditions’ this document detailing the rights and responsibilities of the Parties

  1. GOODS

    1. The Seller is under a legal duty to supply Goods which are:

      1. of satisfactory quality;

      2. fit for purpose; and

      3. as described by the Seller.

  2. ORDERING

    1. By ordering the Goods from the Seller, the Buyer makes an offer to buy the Goods for the price indicated by the Seller. There is no binding contract between the Parties at the time when the order is made.

    2. The Seller will contact the Buyer by email to tell the Buyer when the Goods have been dispatched. This Confirmation of Acceptance is the Seller’s acceptance of the order made by the Buyer. When the Confirmation of Acceptance is received there will be a binding contract between the Parties in accordance with these Terms and Conditions. The binding contract will only be for the Goods that are included in the Confirmation of Acceptance. It may not cover all the Goods the Buyer ordered, for example if stock is unavailable.

  3. PRICE AND PAYMENT

    1. Occasionally, the Seller’s prices may change between the date of the order and the date of the Seller’s Confirmation of Acceptance in accordance with clause 3.2 above. Reasons for a price change include, but are not limited to, a change in the amount that the Seller is charged by his supplier(s) or a change in the GST rate. What happens when the price changes depends on whether the new price is lower or higher than the price originally given:

      1. if the new price is lower than that originally given, the Seller will charge the lower price and dispatch the Goods;

      2. if the new price is higher than that originally given, the Seller will either cancel the order or contact the Buyer to confirm whether he would prefer to cancel the order or pay the higher price for the Goods.

  4. DELIVERY

    1. The Seller will arrange for the Goods to be delivered to the Buyer. Delivery will be attempted to the address provided by the Buyer for the purpose.

    2. Dates or times for the delivery of the Goods given by the Seller are estimates and cannot be relied on as definitive. The Goods will be delivered within an estimated 14 days from the date of the Seller’s Confirmation of Acceptance in accordance with clause 3.2 above. Delivery for the purposes of this clause includes attempted delivery at the delivery address provided by the Buyer.

    3. If the Buyer or anyone nominated by the Buyer to take delivery of the Goods fails to take delivery when it is attempted, the Seller may charge the Buyer any costs incurred for storage and redelivery as a result.

    4. The Goods may be delivered directly from the manufacturer or the Seller’s supplier and may be delivered in a number of instalments.

    5. The seller delivers worldwide.

  5. PASSING OF RISK AND OWNERSHIP

    1. The Goods will be at the Seller’s risk until delivered either to the Buyer or otherwise at the Buyer’s direction.

    2. The ownership of the Goods shall not pass to the Buyer until the Seller has sent the Confirmation of Acceptance to the Buyer under clause 3.2 and has received payment in full, regardless of whether the Goods have been delivered to the Buyer at that date.

  6. RIGHT TO CANCEL

    1. The Buyer has the right to cancel this contract within 3 days without giving any reason.

    2. The cancellation period will expire after 3 days from:

      1. where the Goods are to be delivered all together, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the Goods;

      2. where the contract is for multiple Goods ordered by the Buyer in one order and delivered on different days, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the last of the Goods;

      3. where the contract relates to delivery of a Goods consisting of multiple lots or pieces, the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the last lot or piece; or

      4. where the contract is for the regular delivery of Goods during a defined period of time, the day on which the Buyer acquires or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the first delivery.

    3. To exercise the right to cancel, the Buyer must inform the Seller, using the contact details provided in clause 19 below, of his decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). The Buyer may use the model cancellation form provided with these Terms and Conditions, but it is not obligatory.

    4. To meet the cancellation deadline, it is sufficient for the Buyer to send his communication concerning his exercise of the right to cancel before the cancellation period has expired.

    5. The Buyer has no right to cancel this contract as described in clauses 7.1 to 7.4 if the contract relates to:

      1. the supply of Goods (other than the supply of water, gas, electricity or district heating) where the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the cancellation period described at clause 7.2;

      2. the supply of Goods relating to urgent repairs or maintenance where the Buyer has specifically requested a visit from the Seller for that purpose;

      3. the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;

      4. the supply of sealed audio or sealed video recordings or sealed computer software, if they become unsealed after delivery;

      5. the supply of Goods which become inseparably mixed with other items after delivery;

      6. the supply of Goods that are made to the Buyer’s specifications or are clearly personalised;

      7. the supply of Goods which are liable to deteriorate or expire rapidly;

      8. the supply of a newspaper, periodical or magazine (with the exception of subscription contracts for the supply of such publications);

      9. the supply of alcoholic beverages where their price has been agreed at the time of the conclusion of the contract, and their delivery can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the Seller;

      10. the supply of a medicinal product by administration or under a prescription or directions given by a prescriber;

      11. the supply of Goods under arrangements for the supply of services as part of the health service, where the product is one that, in some circumstances, is available free or on prescription; or

      12. the supply of foodstuffs, beverages or similar which are supplied by the Seller on frequent and regular rounds to the Buyer’s home, residence or workplace.

  7. EFFECTS OF CANCELLATION

    1. If the Buyer cancels this contract, the Seller will reimburse the Buyer all payments received from him, including the costs of delivery (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller).

    2. The Seller may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by the Buyer.

    3. The Seller will make the reimbursement without undue delay, and not later than:

      1. 14 days after the day the Seller receives back from the Buyer any Goods supplied; or

      2. (if earlier) 14 days after the day the Buyer provides evidence that the Seller has received the Goods; or

      3. If there were no Goods supplied, 14 days after the day on which the Seller is informed about the Buyer’s decision to cancel this contract.

    4. The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction, unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not incur any fees as a result of the reimbursement.

    5. The Seller may withhold reimbursement until he has received the Goods back or you have supplied evidence of having sent back the Goods, whichever is the earliest.

    6. If the Buyer has already received some or all of the Goods at the date of cancellation the Buyer will send back the Goods or hand them over to the Seller using the contact details at clause 19 below, without undue delay and in any event not later than 14 days from the day on which the Buyer communicated his cancellation from this contract to the Seller. The deadline is met if the Buyer sends back the Goods before the period of 14 days has expired.

    7. The Buyer will have to bear the direct cost of returning the Goods.

    8. The Buyer will be liable for any reduction in the value of the Goods resulting from handling the Goods, other than handling which is necessary to establish the nature, characteristics and functioning of the Goods.

  8. RETURNS

    1. If the Goods are not of satisfactory quality, are unfit for purpose or are not as described, the Buyer has a right to reject the Goods and get a full refund. Alternatively, the Buyer can request that the Seller either repairs or replaces the Goods in these circumstances. If the Buyer wishes to exercise any of these rights, he must do so in writing using the contact details in clause 19 below.

    2. If the Buyer exercises his right to reject as described in clause 9.1 within 30 days after the Goods are delivered to the Buyer, the Seller will:

      1. arrange to collect the Goods from the Buyer or ask the Buyer to return the Goods at the Seller’s expense; and either:

        1. refund the Buyer the full amount paid if requested; or

        2. repair or replace the Goods if requested. If it is disproportionate in the circumstances for the Seller to repair the Goods he can choose to replace them instead. Equally, if it is disproportionate in the circumstances for the Seller to replace the Goods he may choose to repair them.

    3. If the Goods have been repaired or replaced pursuant to clause 9.2 above and the repair or replacement still does not meet the standard in clause 9.1 above, the Buyer is entitled to a full refund provided that he request one from the Seller using the contact details in clause 19 below within whichever is the later of:

      1. 7 calendar days of receipt of the repair or replacement of the Goods; or

      2. if still within the 30-calendar day period from the delivery of the original Goods, whatever time is left on that, extended by the number of calendar days that the Buyer has had to wait to receive the repair or replacement of the Goods after notifying the Seller.

    4. If the Buyer exercises his right to reject as described in clause 9.1 more than 30 calendar days but less than 6 months after the delivery of the Goods to the Buyer, the Seller can choose whether to repair the Goods, replace them or give a refund in exchange for their return, provided the Seller’s choice can be effected within a reasonable time and does not cause significant inconvenience to the Buyer. If the Seller opts to repair or replace and the repair or replacement still does not meet the standard in clause 9.1 above the Buyer is entitled to a full refund or, if he wishes to keep the Goods, a price reduction that takes the problems into account provided that he requests one from the Seller using the contact details in clause 19 below.

    5. Any refund payable under clauses 9.1 to 9.4 above will be paid within 14 calendar days of the Seller agreeing that Buyer is entitled to a refund. The Seller may not be able to tell whether the Buyer is entitled to a refund until he has received the returned Goods and have had an opportunity to examine them.

    6. The Buyer cannot rely on any issue with the Goods as a reason for returning them if, before agreeing to purchase them, the Buyer was expressly informed of the issue or inspected a sample of the Goods from which the issue was obvious.

    7. The Buyer is not entitled to only reject part of the Goods if the Goods form a Commercial Unit. In these circumstances the Buyer must reject all or none of the Goods.

    8. If the Goods are perishable, they are not returnable after the date by which the Goods can reasonably be expected to perish.

    9. Nothing in this clause prevents the Buyer from seeking other remedies to which he is entitled by law.

  9. LIABILITY AND INDEMNITY

    1. Nothing in these Terms and Conditions seeks to limit the liability of the Seller for fraudulent acts or omissions, death or personal injury caused under or in connection with this sale of Goods, whether arising in contract, negligence, tort, breach of statutory duty or otherwise.

    2. Neither Party shall be liable to the other whether in contract, negligence, tort, breach of statutory duty or otherwise for any loss or damage sustained by the other Party indirectly or consequentially and including but not limited to economic loss or loss of profits, goodwill or business in general.

    3. Subject to clauses 10.1 and 10.2, the Seller’s total liability to the Buyer will not, in any circumstances, exceed the total amount of the price payable by the Buyer.

    4. In the event that the Buyer or his servants or agents breach these Terms and Conditions, or are negligent in their actions, the Buyer will, to the fullest extent permitted by law, indemnify the Seller against any liability, loss, claim, damage, expense suffered by the Seller as a result.

  10. AMENDMENT AND ASSIGNMENT OF THESE TERMS AND CONDITIONS

    1. These Terms and Conditions can only be amended by the agreement of the Parties in writing with signatures on behalf of both.

    2. The Seller is permitted to assign or transfer the Agreement or any rights or obligations under it, or subcontract the same for performance to a third party. The Buyer is not permitted to assign or transfer the Agreement or his rights or obligations under it without the prior written permission of the Seller.

  11. SEVERANCE

    1. If any of the provisions of these Terms and Conditions are unlawful, invalid or otherwise unenforceable, such provisions shall be severed from the remainder. The remainder of the Terms and Conditions will remain valid and enforceable notwithstanding any such severance.

  12. THIRD PARTIES

    1. For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.

  13. CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTIES

    1. Neither Party shall be liable for any delay or failure to perform any term or part of these Terms and Conditions due to circumstances beyond the reasonable control of that Party. Such circumstances include—but are not limited to—industrial action, lock out, trade dispute, accident, fire, flood, natural disaster, power failure or internet service provider failure. As soon as is reasonably possible after the discovery of such circumstances, the affected Party must notify the other Party in writing of any anticipated or existing delay or failure in performance.

    2. If the circumstances referred to in clause 14.1 above continue for a period of longer than 7 days, either Party can terminate the sale by giving 3 days’ notice in writing to the other. The Buyer must use the Seller’s contact details provided at clause 19 below. All money owing under these Terms and Conditions before the circumstances arose shall be paid immediately.

  14. ENTIRE AGREEMENT

    1. These Terms and Conditions and the Confirmation of Acceptance are the entire agreement between the Seller and the Buyer and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

  15. WAIVER

    1. Any failure or delay by the Seller in using rights or powers provided by these Terms and Conditions shall not constitute a waiver of the whole or any part of the Terms and Conditions. The partial or sole use of any rights or powers provided by these Terms and Conditions shall not prevent any additional use of the same rights or powers. The rights, powers and remedies in these Terms and Conditions are additional to the rights of the Parties provided by law.

  16. GOVERNING LAW AND JURISDICTION

    1. These Terms and Conditions shall be governed by and construed in accordance with Australian law and the courts of Australia will have exclusive jurisdiction in relation to them.

  17. COMPLAINTS

    1. In the event of a complaint of any nature the Seller can be contacted using the details below.

  18. CONTACT DETAILS

    1. The Seller is Turned Back Timber of Melbourne, Australia and can be contacted at Henry@TurnedBackTimber.com.AU

 

Website Terms of Use

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Last updated: 25 April 2019

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