Terms of Sale
Terms and conditions for goods sold by Home Venting Solutions from www.homeventingsolutions.com.au.
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Home Venting Solutions Pty Ltd (ACN 110 646 216) (“Custom Made Canopies & Splashbacks Pty Ltd”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.homeventingsolutions.com.au. By placing an order for Goods from Home Venting Solutions you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Selected Delivery Option” has the meaning given in Section 9.7; and
“Special Order(s)” means an item not carried in stock by Home Venting Solutions.
“Website” means www.homeventingsolutions.com.au.
2. Your legal rights
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Home Venting Solutions represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3. Pricing & taxes
3.1 Prices for Goods are as shown on the Website.
3.2 Home Venting Solutions reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Home Venting Solutions.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”).
3.5 If you live in an area to which an Additional Delivery Charge will apply Home Venting Solutions will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Home Venting Solutions will cancel your Order. Home Venting Solutions will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.6 If Home Venting Solutions agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.7 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
3.8 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
5.1 You can place an Order on the Home Venting Solutions website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Home Venting Solutions may accept or reject your offer in its absolute discretion. In particular, but without limitation, Home Venting Solutions may reject Orders for commercial quantities of Goods.
5.3 Each Order that you place will, if accepted by Home Venting Solutions, be a separate and binding agreement between you and Home Venting Solutions with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing Home Venting Solutions with their personal information and, by placing an Order, you confirm to Home Venting Solutions that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to Home Venting Solutions that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Home Venting Solutions. Home Venting Solutions will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Home Venting Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Home Venting Solutions, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Home Venting Solutions cannot consolidate separate Orders into one delivery.
5.9 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.13 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Home Venting Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Sections 5.11 and 5.12 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. After you have submitted an order/payment
6.1 When you submit an Order you will receive an Order reference number via e-mail once your order is complete.
6.2 Home Venting Solutions will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by Home Venting Solutions when Home Venting Solutions does this, however, Home Venting Solutions may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Home Venting Solutions cancels your Order having already processed payment, it will refund payment in accordance with Section 12.1.
6.3 When Home Venting Solutions accepts an Order it represents an agreement by Home Venting Solutions to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.4 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, Home Venting Solutions may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card you authorise Home Venting Solutions to deduct the price and the applicable delivery charge(s) from such card.
6.5 Home Venting Solutions reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.6 Home Venting Solutions may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
- (a) where our fraud detection systems detect possible irregularities;
- (b) because your financial institution has declined payment; or
- (c) because your payment card has expired. Where this is the case, Home Venting Solutions reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.7 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7. Cancellation of Orders
7.1 Home Venting Solutions reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Home Venting Solutions may do this for example, but without limitation, where:
(a) Home Venting Solutions, suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Home Venting Solutions, control, such as world health events, storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Home Venting Solutions is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Home Venting Solutions to cancel your Order in accordance with section 5.7; or
(e) in the circumstances set out in Sections 3.4 or 6.6.
7.2 You may cancel your Order where Home Venting Solutions:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay:
(i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or
(ii) which was outside Home Venting Solutions; control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where Home Venting Solutions cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of Home Venting Solutions or you cancelling your Order after payment has been processed, Home Venting Solutions will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Home Venting Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Availability of Goods
8.1 As Home Venting Solutions is dependent upon its Suppliers to provide stock, Home Venting Solutions cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Home Venting Solutions reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Home Venting Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. Home Venting Solutions is unable to deliver to certain parts of Australia and where this is the case you will have the right to cancel your Order. Home Venting Solutions may, in its absolute discretion, agree to accept Orders for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, Home Venting Solutions will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Home Venting Solutions will call you to arrange an alternative delivery address.
9.4 Following dispatch of your Goods, Home Venting Solutions will email you with confirmation of dispatch.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots; or
(b) re-deliver your Goods to your delivery address at a later date.
9.6 All delivery methods and options for later collection are as per the third-party delivery providers terms and conditions. Your confirmation email will specify which party is providing delivery and you should refer to their website for their delivery processes.
9.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Home Venting Solutions will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
10. Delay in availability or delivery of Goods
10.1 You agree and acknowledge that:
(a) Home Venting Solutions does not guarantee the dispatch or delivery or availability of Goods within the timeframes listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Home Venting Solutions or any of its staff;
(b) stock availability and events outside Home Venting Solutions, control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;
(c) delays are particularly likely to occur during busy periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Home Venting Solutions nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. Special Orders
11.1 You must carefully review any Special Order(s) products before adding them to your cart to ensure that all product details are correct; this includes (but not limited to) product model, size, colour, price, quantity and any other special requirements.
11.2 Home Venting Solutions deem all Special Order material &/or products to be non-returnable and non-refundable. Home Venting Solutions will not refund for a change of mind or incorrect choice.
11.3 Online orders placed on the website will be deemed as accepted as soon as payment is received and processed. You will receive an order confirmation notification once this has occurred.
11.4 The estimated delivery date is provided to you as a guide only. Unfortunately, circumstances may change beyond Home Venting Solutions’ control which may lead to a delay in your order being delivered on time. Home Venting Solutions will not accept liability for any delay in procuring the ordered goods that is beyond reasonable control (i.e. unavailable stock).
11.5 Home Venting Solutions reserve the right to cancel any order where:
(a) You are purchasing Goods for the purposes of resale or resupply;
(b) Home Venting Solutions is made aware after order confirmation that the Good(s) are no longer in stock or cannot be supplied; or
(c) a pricing or product description error has occurred.
11.6 Home Venting Solutions will refund the amount paid in respect of any cancelled order.
12. Refunds of your money
12.1 Where Home Venting Solutions is obliged to refund your payment pursuant to these Terms and Conditions, Home Venting Solutions aims to initiate your refund within 2 business days (Monday – Friday 8.00am to 4.00pm AWST). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Home Venting Solutions is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
12.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Home Venting Solutions will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12.3 Home Venting Solutions will not be liable for any installation services provided by a third party.
13. Returns/faulty or damaged goods
13.1 You should check your Goods as soon as they are delivered to you in order to ensure that:
(a) they are what you ordered; and
(b) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.
13.2 If you have a problem with any Goods or otherwise wish to return them please refer to Home Venting Solutions’ Returns Policy which forms part of these Terms and Conditions.
13.3 When returning Goods:
(a) all returns must be authorised by Home Venting Solutions before goods are returned. Please email email@example.com to arrange a return;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (flumes, duct, flashings, silicone, etc) supplied at the time of original purchase.
13.4 Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
13.5 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
14. More information about Home Venting Solutions’ liability to you
14.1 To the full extent permitted at law, Home Venting Solutions is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order.
15.1 Home Venting Solutions policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Statement which forms part of these Terms and Conditions.
16. Additional Terms and Conditions
17.1 Home Venting Solutions will not be liable for any installation services provided by a third party.
17.2 Home Venting Solutions reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
17.3 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
17.4 These Terms and Conditions are governed by the laws of Western Australia, Australia.