Terms and Conditions
General Terms & Conditions
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of Products from www.discountshed.com.au.
Please read the following Terms and Conditions carefully before placing Your Order. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
These Terms and Conditions constitute a contract between the customer (You) and The Discount Shed (Benson Family Trust, trading as).
1. Agreement
1.1
In these Terms and Conditions We, Our or Us means The Discount Shed (Benson Family Trust, trading as); and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2
By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3
The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
If you are under the age of eighteen (18) years you cannot place Orders with Us. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Use
3.1
Our displayed Usual Supply Times are indicative of how long it usually takes a given supplier to supply goods IF THEY HAVE STOCK. Where an item is placed on backorder (SUPPLIER DOES NOT HAVE STOCK) You will be advised by email, and offered the chance to Cancel & Refund your order.
3.2
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.3
You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.4
You must take Your own precautions to ensure that Your process 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. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4. Pricing
4.1
Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and paid for by You, a Purchase Contract formed under clause 6. The price of the Product(s) cannot be varied except:
- by agreement between You and Us in writing or by email; or
- in accordance with clause 7.4.
4.2
All prices listed on the Website exclude:
- Any payment surcharges relating to your chosen payment method (calculated & shown separately before confirming your order).
- Disposal of any waste materials associated with your order (calculated & shown separately before confirming your order).
- Delivery Costs (calculated & shown separately before confirming your order).
5. Product Specifications
5.1
Features and specifications of Products described or depicted on the Website are subject to change without notice. Specifications are provided by relevant manufacturers and are subject to errors and omissions, and lags in updates. We do our best.
5.2
All weights and dimensions of Products described in the Website are approximate, supplied by manufacturers and often the result of conversions between measuring systems.
6. Orders
6.1
You may place an Order by following the instructions on the Website. By placing an Order and making payment, you make offer to enter into an agreement to purchase the Product(s) the subject of Your Order (Purchase Contract).
6.2
Orders will be deemed to have been received by Us at the time We receive payment for your order, and will not be processed by Us until such time as payment is made in full.
The ONLY exceptions to the above are:
- commercial finance purchases - please reply to your emailed invoice with finance approval within 7 days.
- government issued purchase orders - please reply to your emailed invoice with a PDF of your Departmental Purchase Order within 7 days.
6.3
We are an online first business and will communicate with Customers via e-mail only. It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4
We reserve the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s).
6.5
In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6
We do not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7
We shall not be liable for any delay in performing any of Our obligations under this Agreement if such delay is caused by circumstances beyond Our reasonable control, and We shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8
Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7. Payment
7.1
You may choose to pay either immediately when placing your order (via card, processed by Pal), or within 7 days of placing your order if paying via Bank Transfer, Cash or Card in Person.
7.2
Payments for your order must be made in one single transaction - please follow the instructions received on your emailed Pro Forma or Tax Invoice.
7.3
If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until Your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, Your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
7.4
Despite Our best efforts, on occasion it may be possible that a small number of the Products in Our range may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
8. Delivery and ownership of the goods
8.1
We try to ensure that all Products are procured in a prompt and timely manner. However, from time to time, it is possible that supply chain, shipping and other factors outside of Our control may result in delays. We do not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2
The "Usual Time To Supply" listed on the Website is the estimated procurement time for a product to arrive at our warehouse, as is reasonably estimated by Us. Where scheduled procurment of a Product is delayed by more than one week, Customers will be notified by e-mail via the e- mail address nominated in their Order. Customers are permitted to cancel their Order and receive a refund.
8.3
We will not deliver Products to PO Box addresses.
8.4
Where a Customer gives authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5
The couriers or postal services nominated by Us will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6
We are not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by in relation to date and time of delivery. We shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.7
We reserve the right to not ship to remote or rural locations, if they are not covered by Our nominated courier.
9. Faulty or damaged goods
We will repair, replace or refund faulty or damaged Products in accordance with the manufacturers warranty procedures - not withstanding Your rights under the Australian Consumer Law.
10. Intellectual Property
10.1
All intellectual property rights (Intellectual Property) in any content on the Website, including images, pricing, artwork, its visual design, and the arrangement and display of any content on the Website (Material) is owned by, or licensed to, the Benson Family Trust or the relevant third party product owner.
10.2
Unless expressly authorised under these Terms and Conditions or otherwise in writing, you may not reproduce, adapt, modify, display, extract or distribute any Material or any part of any Material. You also may not use any data mining or data extraction tools, systems or software to extract the Material for any purpose whatsoever or disassemble, reverse engineer or otherwise attempt to discover or access any source code or other information related to the Website.
11. Privacy
By placing your Order or otherwise contacting Us, you agree that: We may store, process, use and disclose data collected from your Order for the purposes of processing and fulfilling your Order; and your data will be handled in accordance with Our Privacy Policy.
13. Miscellaneous
13.1
Title and risk in the Products pass to You at the point of dispatch or embarkation by Us to Your courier.
13.2
We reserve the right to make changes to the The Discount Shed Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
14.3
Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
14.4
A failure or delay by Us to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future ability to exercise that or any other power or right.
14.5
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Products from www.discountshed.com.au, these Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
14.6
None of Our employees or agents have the authority to vary any of the Terms and Conditions governing any sale.