Terms and Conditions of Sale
In these Terms and Conditions of Sale (“Conditions of Sale“), “we” or “us” means Trade Superstore Holdings Pty Ltd ABN 64 295 450 156 and “you” means the person, organisation or entity that purchased the products or related services from us.
Trade Superstore Holdings Pty Ltd ACN 637 995 085 which operates a website, www.tradesuperstore.com.au (our “Site”) and the Site, the products available for purchase on the Site (“Products”) and related services are made available to the Customer (“you”) pursuant to the following Terms of Conditions and any other policies posted on our Site from time to time (collectively, the “T&C’s”).
These terms and condition also apply to the sale of any products via methods other than the site, including sales by telephone, email or other means, unless otherwise specified in writing.
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to consumers whether products and services are purchased online or over the telephone.
We sell and ship Products only within Australia. We will not make deliveries outside of Australia or to parcel lockers within or outside of Australia.
Orders
You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. Once you have made your choice and your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it.
We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products.
We may at our discretion accept or reject an order if The Product does not satisfy our quality control standards and is withdrawn;
We may at our discretion accept or reject an order if You do not meet the eligibility criteria set out within the T&C’s;
We may at our discretion accept or reject an order if The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; Or an event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Product within a reasonable time.
You must not order products or services from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
Please choose your products carefully. Prices can change and so you should check the latest price on our website or confirm the price with our sales team on the phone before placing your order. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C’s. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you.
We will notify you that your Order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
To the extent permitted by law, we also reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion.
We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
Availability
We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales or Customer Service Team is accurate in accordance with our current stock levels with each manufacturer, however, these stock levels are subject to change without notice.
If for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
Price and Payment
The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. Product prices shown on the Site are in Australian dollars and are inclusive of GST at the applicable rate.
We make every effort to ensure prices and product information on our website, catalogues or advertisements are correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
We accept payment by American Express, VISA, MasterCard, PayPal and WeChat.
We process payments after you click the “Place Order” button. Orders placed on a weekend or a Public holiday will be payment processed immediately but filling of the Order will not occur until the next business day. Business days are Monday through Friday, excluding Victorian Public holidays.
By making a payment you confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site secure. All credit card transactions on this Site are processed using a secure online payment gateway that encrypts your card details in a secure host environment.
We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction including, but not limited to, the use of 3D Secure.
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 cart value or add an incentive. To activate, simply enter a valid code then click the “Apply Coupon” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.
Your tax invoice will be sent to you when the items you have ordered are confirmed for delivery.
Your tax invoice is your proof of purchase and may be required for any warranty claims.
Debit cards and credit cards have daily spending limits that may substantially delay the processing of your order, if exceeded.
You may be required to provide further identification and information for additional security reference checks.
Our online ordering system is the industry standard for encryption technology to protect your online order information. We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
We do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed. We may run security checks for the purpose of preventing credit card or payment fraud. Security checks may be conducted by telephone, by email or by a combination of both. As part of a security check we will require you to provide further verification of your credit card and your identification. If you do not agree to undergo a security check you may choose to process your payment through PayPal instead or you may have your order cancelled and refunded. We maintain absolute discretion to cancel and refund your Order if you refuse to undergo any part of a security check.
We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order.
The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Delivery Charges below for more details.
If you would like to redeem a gift voucher for payment or partial payment of your ordered products, you must enter the gift voucher details during the checkout process or inform our sales or Customer Service Team when placing your phone order. Products purchased with a gift voucher cannot be returned in exchange for cash. Use of a gift voucher is subject to our Gift Voucher Terms and Conditions.
Certain online promotions and offers are subject to additional terms and conditions, which will be specified with the offer on the Site (eg duration of the promotion or sale, method of calculation of savings etc). Please read these additional terms and conditions carefully
Colors
We have made every effort to display as accurately as possible the colors of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
Delivery:
All prices of products are exclusive of delivery charge; which will be added in the relevant invoice (if applicable).
A confirmation email showing that we have received your order will automatically be sent to you once you have proceeded through to the end of the check out. Once accepted, your order will be dispatched by the next Business Day, as long as stock is available.
Estimated delivery time within Australia is approximately 2 to 10 days from the date your payment is received. The estimated delivery times are in business days (Monday through Friday excluding Public holidays in Victoria). Estimated times are to be used as a guide only depending on your location and the availability of stock. Whilst we endeavor to fulfill all orders, please note some items, sizes or colors may not be available at time of dispatch. Your credit card will be refunded for items not available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact Customer Service on 03 9563 7988 or via our Contact Us page on our Website at www.tradesuperstore.com.au .
It may be possible for you to cancel or change your order if your order has not started the packing process in our warehouse. Please contact one of our Customer Service Representatives on 03 9563 7988 or or email us via our Contact Us page on our Website at www.tradesuperstore.com.au and cancellation or change remains possible, they will assist you.
Please note we only ship orders to Australian Postal addresses and post office boxes. Unless otherwise agreed by us, we will deliver your Products to the Australian address indicated on your Order Confirmation.
Shipping by one of our drivers – our driver will need to see a photo ID of the person who placed the order or that person’s representative, and they will keep a record of that ID. If neither you nor your authorized representative is at the delivery address to take delivery, our driver will leave a notice in your letterbox or under your front door, advising you of our contact details so that you can contact us to organize another delivery day;
Shipping by our contracted courier company or directly by the manufacturer – if neither you nor your authorized representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date; an additional delivery fee may apply.
Shipping by Australia Post – if neither you nor your authorized representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to an Australia Post Office suitable to store the product until you are able to go and pick it up. In these circumstances, our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time; however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
If you have specified a recipient who is not you, for delivery purposes, then you accept that evidence of a signature by a person who identifies themselves as that person at that delivery address, is evidence of delivery to you and fulfilment by us of our responsibility.
After your order has been dispatched a confirmation email will be sent to the email provided, with a tracking number where you can track the shipping status of your order.
Delivery Pricing Structure
Our freight and handling fees do not include insurance and we may not be held responsible for any damage, destruction or loss of goods after delivery to the Courier Company.
Any applicable shipping charges for your order will be shown during the checkout.
We may at our discretion offer limited time Free Shipping promotions from time to time based on the following eligibility criteria; Order is placed during the stated promotional period; Free shipping eligibility registration information must be completed in full (incorrect post codes will be advised in the registration process); Free Shipping offer is valid for all Australian territories; Shipping charges will apply to ineligible products/orders; and Offer is not available for commercial or wholesale/bulk orders unless specified.
Title and Risk
Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
You acknowledge and agree this creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
Warranties & Returns
Trade Superstore Goods carry the Manufacturer’s Warranty where applicable, except where otherwise stated and to the extent permitted by Australian Consumer Laws. Trade Superstore excludes all warranties in respect of the Goods.
Goods incorrectly ordered, unused and unopened, that are no longer needed by the Customer may be returned to Trade Superstore within 14 days. This is at Trade Superstore’s absolute discretion. Customers will also be charged a 10% restocking and handling fee for such returned Goods. You will be responsible for paying your own shipping cost for returning your item.
A copy of the Trade Superstore Invoice or Proof of Purchase must be attached to all returned Goods.
All returned Goods require a “Returns Authorization Number (RAN)”, which is allocated by Trade Superstore. Prior to returning the Products, the Customer must contact Trade Superstore for details of this RAN.
Trade Superstore reserves the right to use their nominated Courier for returned Goods.
Refunds will be made in the same way as original payment for the Goods. Please note that the cost of the initial shipping is non-refundable. If you receive a refund, the cost of the shipping will be deducted from your refund. If you received free shipping for your purchases, the handling and postage cost of $10 will be deducted from your refund.
Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL“) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“).
You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees.
You are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty, please contact our Customer Service Team. Please refer to our Contact Details if you need to arrange for returning the goods to us.
Subject to the case above outlining “Title and Risk”, and to the extent permitted by law.
All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
Our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
If your product is eligible for return pursuant to the “Title and Risk” clause above, please contact our Customer Service team to arrange for return.
You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. All original items including original accessories, manuals, and packaging (unless taken away on delivery) must also be returned. We will arrange for any products you want returned to be collected
The delivery time for the replacement Product will be the same as stated for the original Product.
Consumer Guarantees under the Australian Consumer Law but no additional guarantees apply to all replacement products.
If you return a product to us for repair (or replacement) and the product is capable of retaining user generated data, the repair (or replacement) of the product may result in the loss of the data. User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
Click & Collect Orders
When you place a Click & Collect Order through the Site (“Order”), it does not mean that we will automatically accept your Order or that your Order will automatically be available for collection. We will only consider an Order accepted once we have sent you an Order confirmation via email. This will normally occur soon after you have placed your Order. Once you have received your Order confirmation you will need to wait until you are contacted directly to confirm that your order is ready for collection.
You will have up to seven (7) days from the time you are contacted by Trade Superstore to collect your Order. After this time, if you have not arranged an extension of time by contacting Trade Superstore, then your Order may be cancelled. If we have to cancel your Order then we will refund the amount you paid back to you using the same payment method, less 5% Handling Fee.
Although we will avoid doing so without good reason, we reserve the right in our absolute discretion to cancel or reject any Click & Collect Order. If we do need to cancel all or part of an Order, then we will try to provide you with reasonable notice of that cancellation. This will include our Customer Service team contacting you directly to explain why we have had to cancel your Order.
Once you have received your Order confirmation by email, if you wish to cancel or amend your Order or part of your Order then you will need to make contact with Trade Superstore using the information found on the Order confirmation email. If you wish to cancel or amend your Order and you have not yet received your Order confirmation email then you can contact our Customer Service team directly.
The person named on the Order confirmation email should collect the Order. When you arrive at Trade Superstore WAREHOUSE to collect your Products you will need to provide a printed or digital copy of the Order confirmation email. You will also be required to show a form of photo identification (such as a current driver’s license, passport or proof of age card) that has the same name and address that is printed on the Order confirmation email. If for any reason, the person named on the Order confirmation email cannot collect the Order in person then the person collecting the Order on their behalf must still present a copy of the Order confirmation email and their own photo identification. We will then need to contact the person named on the Order confirmation email to confirm the person attending the Warehouse is authorized to collect the Order on their behalf. The person collecting the Order will be required to produce their signature as evidence that they have collected the Order. We reserve the right in our absolute discretion to refuse collection of your Order where we cannot verify your identity or where the requirements set out above are not satisfied.
Once we have dispatched your Order for delivery, in other words, once you have received the Order confirmation email the return of any Products will be in accordance with our Online Returns Policy.
Orders by Telephone
Making orders over the phone may require you to register an account with us and give us and/or send us information. We also reserve the right to require more information not limited to: an authorization email and/or a digital recording of the transaction, your financial information and/or credit card information and/or any identification and/or proof that you are who you say you are, all at our discretion. By giving us your financial information this shall be considered full authorization to charge your card for the amount discussed.
We take personal and non-personal data as disclosed in our Privacy Policy on this website and you agree and accept the terms therein. Please refer to our Privacy Policy.
Force Majeure
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these T&C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the IP only as expressly authorized by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your use of website
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C’s, we may deny you access to this Site on a temporary or permanent basis.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C’s by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C’s.
No Waiver
You acknowledge that if you breach the T&C’s and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C’s. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C’s in any way.
Modifications
We may, at any time, and at our sole discretion, modify these T&Cs, including our Privacy Policy, with or without notice to you. Any such modification will be effective immediately upon public posting. Your continued use of our services or this Site following any such modification constitutes your acceptance of these modified terms.
General
These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.
We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
Please refer to our Privacy Policy to see how we collect, use and protect your personal information.
These Conditions of Sale are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
If any portion of these T&C’s is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C’s and the rest of the T&C’s will not be affected by the severance. If any portion of these T&C’s is inconsistent with any other policies or terms constituting these T&C’s, then these T&C’s will prevail to the extent of the inconsistency.
Contact
If you have any queries about Trade Superstore Products or need to contact us for any reasons including if you would like to place an order, please contact Trade Superstore in Australia on 03 9563 7988 or via our “Contact Us” page on our website at www.tradesuperstore.com.au