STANDARD TERMS & CONDITIONS
OF USE

 

 

Campbell’s Janitor Supplies Pty Ltd trading as

The Goods Australia ABN 37 008 723 626 (“The Goods”)

STANDARD TERMS AND CONDITIONS OF USE

These are the standard Terms and Conditions of The Goods which will apply to every transaction entered into with a Retail and/ or Commercial Customer (collectively “Customer”) for purposes of the supply of Product, and/or the provision of Services.

  1. QUOTES AND PRICING
    1. A quote provided by The Goods, other than via The Goods web-site, will remain valid and capable of acceptance for thirty (30) days from the date of such quote.  On expiry of that period, if the Customer wishes to proceed, a new quote will need to be provided and accepted prior to The Goods providing the Product and/or undertaking the Service.
    2. The Goods will be bound to supply the Customer with the Product upon acceptance of the order and/or provision of the Order Confirmation (but not before), after which the Customer will be bound to pay for such Product and/or Service.
    3. All prices quoted or displayed on The Goods web-site are in Australian dollars and exclude GST unless expressed otherwise.
    4. All prices quoted or displayed on The Goods web-site may be subject to change without notice.
    5. The Goods will not be liable for any pricing error and are under no obligation to provide the Product and/or Services at such incorrect and/or lower price, if such pricing error is reasonably obvious and unmistakable, and/or could or should have been reasonably recognised by you as mistaken pricing.
    6. The Goods will also not be liable in the event of the unavailability of goods or services ordered.
       
  2. PAYMENT
    1. The Goods will issue a tax invoice for Product and/or Services which invoice will set out all expenses and any GST payable.
    2. A Retail Customer (i.e. a person and/or entity which does not have an account with The Goods) will have to make payment in full upon placing an order before The Goods will provide the Product and/or Services.
    3. A “Pay-as-you-go” Commercial Customer (i.e. a person and/or entity that has an account with The Goods but does not have a 30 day trading account) will have to make payment in full upon placing an order before The Goods will provide the Product and/or Services.
    4. A “Credit” Commercial Customer (i.e. a person and/or entity that has a 30 day trading  account with The Goods) must pay any invoice issued in a specific month within a period of thirty (30) days from the date of the end of that month.
    5. Payment of The Goods tax invoice by a Commercial Customer should be made by:
      1. EFT and/or credit card via telephone;
      2. Credit card via The Goods’ website;
      3. EFT and/or credit card at The Goods’ premises;
      4. Cash at The Goods’ premises;
      5. Cheque in person or via post;
      6. Direct deposit into The Goods’ bank account, or in any other manner as directed by The Goods from time to time. Short payment of any invoice shall not be permitted.
    6. Payment for Product and/or Services by a Retail Customer, and “Pay-as-you-go” Commercial Customers, should be made by:
      1. EFT and/or credit card via telephone;
      2. Credit card via The Goods’ website;
      3. EFT and/or credit card at The Goods’ premises; or
      4. Cash in person at The Goods’ premises.
    7. In the event a Customer defaults in payment of an invoice, online order, or a cheque is dishonored upon presentation, the Customer shall indemnify The Goods from any costs incurred by The Goods in recovering the outstanding amount, including but not limited to legal costs and solicitors fees on an indemnity basis.
    8. The title to and property in any Product and/or Service supplied by The Goods shall remain with The Goods until receipt of payment in full and/or funds have been cleared for such Product and/or Services.
       
  3. DELIVERY
    1. A charge for delivery will apply to all orders unless otherwise agreed. The Goods will attach standard delivery charges to Customer orders through the shopping cart system on The Goods web-site, or by quote to the Customer which quote will require approval by the Customer.
    2. The Goods will provide an estimated delivery date and time in good faith, but do not accept liability for any delay in delivering the Product which is beyond The Goods reasonable control (e.g. if stock is unavailable).
    3. The general delivery times, although these are not guaranteed by The Goods unless a specific request is made by a Customer, are as follows:
      1. Same day dispatch for orders received before 9:00 am;
      2. Next day delivery for orders received before 12:00pm; and
      3. Delivery within two (2) working days for all other orders.
    4. Any Product on back order that requires separate delivery will be delivered by The Goods free of charge, provided such delivery is within the metropolitan area.  In the event that the Product on back order is delivered outside the metropolitan area, the Customer shall arrange their own courier or pay The Goods to arrange a courier at a quoted price.
    5. Customers must ensure there is clear and safe access for delivery.
    6. In addition, Customers must ensure there is a person present at the delivery premises who is authorised by the Customer to accept delivery. If such person is absent, the Customer authorises The Goods to deliver the Product if The Goods consider it safe and appropriate to do so. If the delivery contractor arrives at the agreed time but is unable to deliver the Product or considers that it is unsafe or inappropriate to do so, the Customer may be required to pay for the re-delivery thereof. Some Product may require extra delivery personnel which may incur an additional charge.
    7. The Goods will deposit the Product at ground level at the delivery premises unless the Customer has arranged otherwise with The Goods. The Product is at the Customer’s risk after delivery. For Commercial Customers liability for damage to any Product occurring in the course of delivery will not be accepted unless in accordance with clause 5.3.
       
  4. COLLECTION
    1. If The Goods provides its consent, Customers are at liberty to collect the Product ordered from The Goods premises or arrange for their own courier to collect the same.
    2. The Goods may require the Customer to verify their identity upon collection.
    3. Customers are requested to collect the Product within 10 days after The Goods informs the Customer that the Product is ready for collection.
    4. In the event of failure to collect by the Customer, in the absence of any arrangements made with The Goods for late collection, The Goods will assume the Customer has cancelled the order. The Goods may then re-sell the Product ordered by the Customer and the Customer may forfeit the payment made for the same.
       
  5. RETURNS
    1. The Goods will refund or replace any Product at no cost to the Customer, within one (1) month from the date of invoice or order confirmation, provided the item is unused, is in its original packing, and in saleable condition, where:
      1. The Product is not what was expected; or
      2. The Product was incorrectly ordered.
    2. The Goods will refund or replace any faulty Product, at no cost to the Customer, within one (1) month from the date of invoice or order confirmation provided The Goods has been advised of the fault within ten (10) days from the date of receipt of the faulty product by the Customer.
    3. The Goods will replace or refund any Product subject to clause 3.7 above, within seven (7) days from the date of invoice, if the Product is damaged in delivery and signed for as damaged upon receipt, or if The Goods has been advised of the damage on the date of delivery. The Goods may require photographic verification of the damage.
    4. The above terms of Return apply to any orders cancelled by a Customer. In addition, the Customer may be liable for any costs incurred by The Goods in relation to or arising out of the provision of Product and/or Services up to the time of cancellation.
    5. The Goods may cancel the delivery of the Product and/or Services at any time before the Product and/or Service are to be delivered to the Customer by giving verbal and/or written notice to the Customer. The Goods will not be liable for any loss or damage whatsoever arising from such cancellation.
    6. Exceptions
      1. The Goods cannot cancel, refund or exchange any special order items unless the Product ordered is faulty, in which case the above Return clause will apply.
         
  6. WARRANTIES, EXCLUSIONS AND LIMITATIONS
    1. The Goods will endeavour to resolve any problems as soon as possible after notification by the Customer.
    2. The Goods warrants that the Product/s are fit for their usual purpose and are free of defects.
    3. To the extent that any term or condition in these Terms and Conditions is contrary or inconsistent with any statute or any consumer guarantee contained therein, then to that extent such term or condition is to be read down, or if it cannot be so read down, then is void and of no force and effect.
    4. Retail Customers are entitled to additional statutory consumer guarantees, including that the Product/s are of “acceptable quality”.
    5. It is the sole responsibility of the Customer to ensure that the Product is sufficient and suitable for the specific purpose for which the Product is ordered.
    6. Where the Product and/or Service is not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of The Goods is limited pursuant to s64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of The Goods:
      1. the replacement of the Product/s or supplying of the equivalent Product/s;
      2. the repair of the Product/s;
      3. the payment of the cost/s of replacing the Product/s or acquiring the equivalent Product/s;
      4. the payment of the cost of having the Product/s repaired;
      5. the supplying of the service again; or
      6. the payment of the cost/s of having the service supplied again.
    7. The Goods’ liability is limited, in accordance with clause 6.6 above, but subject to clause 6.3 above, to refunding the purchase price or replacing the Product/s or resupplying the Service (at The Goods discretion) and are excluded from liability for indirect or consequential loss.
    8. To the extent permitted by law, The Goods will not be liable for any damage, loss, or injury suffered to any person or property, including the Customer, as a result of negligence or otherwise by such persons, including but not limited to, any person failing to follow instructions relating to the Product/s, modifying them, failing to appropriately maintain or store them or using them for an unintended purpose.
    9. To the extent permitted by law, Customers must inspect the Product upon taking delivery and any shortage, discrepancy, defect, wrong specification or similar problem must be notified to The Goods as soon as the Customer becomes aware of it, but such notification must be made within 7 days of delivery, failing which The Goods will not be liable therefore.
       
  7. PRIVACY
    1. The Goods collects Customers personal information to enable The Goods to supply Customers with Product and/or Services. The Goods will not use or disclose Customers’ personal information except in accordance with The Goods’ Privacy Policy.
    2. The Goods Privacy Policy can be found at www.thegoods.com.au/privacy-policy.
       
  8. ACCEPTANCE OF THESE TERMS
    1. Upon order of any Product and/or Service the Customer will be deemed to have accepted these Terms and Conditions.
    2. Once these Terms and Conditions are accepted they cannot be amended without the written consent of The Goods.
       
  9. GOVERNING LAW
    1. These Terms and Conditions shall be construed with and governed by the laws of the state of Western Australia.
       
  10. CONCLUSION
    1. These Terms and Conditions apply to the exclusion of all others.

 


 

‘THE GOODS’ PRIVACY STATEMENT

  1. The Goods is committed to protecting your privacy, and the personal information you entrust to us.
     
  2. Our Privacy Policy details how we comply with our obligations under the Australian privacy legislation and privacy principles. The Goods official Privacy Policy can be viewed by clicking Here
     
  3. The Goods will only collect personal information from you with your prior knowledge and consent. The personal information you provide to us will only be used for the purposes for which it was collected and will not be disclosed to a third party, except when it is required to facilitate the order of product or the provision of a service you have requested.
     
  4. The Goods ensures that your personal information will not be disclosed to third persons without your consent unless the law requires it, or to prevent or investigate unlawful activity.
     
  5. You can access The Goods web-site and browse the site without disclosing any personal information.
     
  6. The Goods has policies and procedures in place that ensure that personal information is managed in an open and transparent way, and has taken all reasonable steps to establish and maintain internal practices, procedures, and systems to reasonably protect the personal information under our control against any unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss.
     
  7. The Goods will remove personal information from our systems where it is no longer required.
     
  8. If you wish to view the personal information you have provided to us or make any corrections and/ or alterations to the personal information held about you by The Goods, please contact our Customer Service:

18 Fisher Street

BELMONT WA 6104

 

Tel: (08) 9200 3438

Fax: (08) 9200 3439

Email: [email protected]