Website Terms and Conditions of Sale

These Terms and Conditions (‘Terms’) constitute a legally binding contract between the customer (‘you’) and Uni-Lock Group Pty Ltd ACN 613 209 135 (herein referred to as ‘Uni-Lock’, ‘we’, ‘us’ or ‘our’) and apply to the online ordering, purchase, fulfilment and delivery of goods (‘Goods’) from www.uni-lock.com.au. By placing an order for Goods from us you agree to these Terms.

None of these Terms override our current Conditions of Sale for credit account customers.

Please read the following Terms carefully before placing your order. These Terms contain important information about the online ordering, processing, fulfilment and delivery of Goods.

Definitions

In these Terms:

‘Goods’ means the products available for purchase on the Website;

‘Order’ means an order for Goods, placed on the Website;

‘Website’ means www.uni-lock.com.au

Your Legal Rights

Your purchase of Goods may 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. Nothing in these Terms 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. 

Your Privacy 

We understand how important your privacy is. Our Privacy Policy details how your information is used when you use our Website, and it is also a part of our Terms. You can obtain more information about the way in which Uni-Lock will manage your personal information by reading our Privacy Policy here. 

Your Account with Us

You may either check out as a ‘Guest’ or you can create an account and log-in to use other features of the Website and purchase Goods from us.

Rules for operating an account with us:

• Ensure you enter all information carefully when creating an account. You warrant to us that all information provided by you in relation to your account is complete, true and accurate. 
• You must be 18 years or older. 
• You take full responsibility for all activity on your account. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share an account with another person, or other people, (for example by providing and sharing your password) then the person whose billing information is on the account will ultimately be responsible for any activity. 
• These Terms do not create any partnership, joint venture, employment or franchisee relationship between you and Uni-Lock.
• You must notify Uni-Lock immediately if you become aware of any actual or potential unauthorised use of your password or account.
• Except to the extent otherwise required by law, Uni-Lock 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 account information being incomplete or inaccurate; or
• any unauthorised use of your password or, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
• If Uni-Lock suffers any loss, damage, cost or expense as a result of any unauthorised use of your password or account then you must pay Uni-Lock the amount of that loss, damage, cost or expense.
• We may terminate or suspend your account and your access to the Website or Goods at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Website or to buy Goods from us. We may refuse service to anyone, at any time, for any reason.

Prices and Products

All prices displayed on the Website are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or other account charged. If your credit card or other account has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card or other account in the amount of the charge. 

All prices for Goods displayed on our Website are exclusive of freight. 

Availability of Goods

As we are dependent upon our Suppliers providing stock, we cannot guarantee availability at all times. You acknowledge and agree that, from time to time certain Goods may be out of stock or unavailable. We reserve 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, Australian Consumer Law), we 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.

Order Acceptance

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. 

We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. 

We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).

Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: 

• we will issue a credit to your credit card or other account in the amount charged for the cancelled portion or the quantity not provided (if your credit card or account has already been charged for the order), or 
• we will not charge you for the cancelled portion of the order or the quantity not provided.

Payment Terms

For each product you order through the Website, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless we have agreed to an alternate billing arrangement in writing, we will automatically bill your credit card or other account submitted, as part of the order process for such price. 

We reserve the right to decline transactions that we believe to be high risk, fraudulent, or in violation of our Terms. 

We maintain records associated with transactions processed via the Website and do not pass any secure data, including credit card numbers or bank account information to any third parties. Third parties will only receive shipping information and limited buyer account information necessary to complete the order. Our Privacy Policy further explains how we handle user information.

GST

GST is included in the sale prices for applicable Goods. All other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Goods. 

Shipping and Delivery

We deliver our Goods via third party service providers. You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. All Goods are deemed accepted upon our delivery of the Goods to you or your designated recipient's address. 

You agree and acknowledge that:

• Uni-Lock does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in the order as they are estimates only;
• stock availability and events outside of our control may cause delays, or in some circumstances, prevent your Goods from being delivered;
• 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 Uni-Lock 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.

Title and Risk 

Title and ownership in the Goods passes to you upon our receipt of payment in full for the Goods.

Risk in the Goods passes to you:

• on the date and time of delivery of the Goods to the delivery address provided in your order; or 
• upon collection by you or your nominated carrier or your representative from one of our warehouses, whichever occurs first. 

Cancellations or Returns 

If you cancel or alter (with our prior written agreement) an order or any part of an order after we have accepted the order, we may invoice you as a debt due for all costs and expenses reasonably incurred by us in relation to the order and its cancellation or alteration including the cost of materials, tooling, labour or transport.

Uni-Lock reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Uni-Lock may do this for example, but without limitation, where:

• our suppliers are unable to supply Goods that they have previously promised to supply;
• an event beyond our control, including but not limited to storm, fire, flood, earthquake, terrorism, power failure, war, strike, failure of computer systems, pandemic or epidemic, means that we are unable to supply the Goods within a reasonable time;
• 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.

You may not return any Goods to us except with written agreement from us to do so prior to any such return. 

If you fail to notify us in writing of any shortage, damage, fault or defect in the Goods within seven (7) days of delivery you are deemed to have accepted the Goods are not faulty or damaged.

Change of Mind Returns

Uni-Lock will offer you an exchange or refund on a change of mind return provided that: 

• the Goods are returned to us within 14 days of purchase; 
• You provide Uni-Lock with a copy of the original receipt/online tax invoice as proof of purchase at the time you return the item;  
• the Goods have not been used or damaged in any way; 
• the Goods are in their original condition and original packaging and unopened; and
• the Goods are not one on which a change of mind return is not available as set out below. 

If the above requirements are not satisfied, Uni-Lock reserves the right not to offer an exchange or refund for change of mind returns.

No change of mind returns will be accepted for Goods which:

• have been custom made for you including those which are cut to length; 
• have been used or altered by you;  
• have been damaged by you or a third party; or
• are clearance items. 

For change of mind returns you will be liable and responsible for all postage and shipping costs and risk in the Goods. 

Other Returns 

If you believe the Goods are faulty, not of acceptable quality, does not match the description provided or is not fit for purpose, you may be entitled to a remedy under the Australian Consumer Law and we may provide you with an exchange, refund or repair the Goods. 

We reserve the right to inspect all returned Goods prior to us providing a repair, exchange or refund.  You will not be entitled to an exchange, refund or repair where the fault in the Goods are a result of your misuse or neglect of the Goods. 

Any refunds will be issued to you on your original payment method.

We may replace Goods with refurbished items of the same type rather than repairing the Goods and refurbished parts may be used to repair the Goods. 

Miscellaneous

As part of our returns process, we may request and record your personal information such as your driver’s licence for identification purposes. For further information on how we deal with your personal information please refer to our Privacy Policy. 

Errors, Inaccuracies and Omissions

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.

The sizes and weights of Goods are approximate only.

The patterns of certain Goods may not correspond exactly to the patterns shown in any catalogue, leaflet or price list issued by us or our Suppliers.

Warranties and Limitation of Liability

All Goods are subject to and limited by any manufacturer’s warranties (‘Warranty’) and any rights you may have under the Australian Consumer Law. 

Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by third parties.

To the extent permissible by law, our liability is limited, in relation to the Goods and at our option to:

• replacing the Goods, or where the Goods no longer exist, the supply of equivalent Goods;
• the repair of the Goods;
• the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
• the payment of the cost of having the Goods repaired.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and Uni-Lock is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

• loss of revenue;
• loss of profit or anticipated profit;
• loss of business;
• loss of business reputation;
• loss of opportunities;
• loss of anticipated savings; and
• loss of goodwill. 

You agree that you are not relying on our skill or judgment in relation to the suitability of any of the Goods for a particular purpose unless you have indicated that purpose in writing to us and we have acknowledged in writing that the Goods will be fit for the particular purpose.

As we have no control over the way in which the Goods are used it is your responsibility to ensure that any of the Goods are suitable for the application and purpose intended and are used in a safe and responsible manner by you and any end user. You agree to comply with any instructions, specifications or manuals in relation to the use of the Goods.

You acknowledge that the Goods may contain unavoidable manufacturing imperfections of a minor character and you shall not be entitled to return the Goods or make a claim on the basis of minor imperfections.

Indemnity

To the full extent permitted by law, you will indemnify Uni-Lock (including any of our officers and employees) and keep Uni-Lock indemnified from and against any liability and any loss or damage Uni-Lock may sustain as a result of any breach, act or omission arising directly or indirectly from or in connection with any breach of any of these Terms by you or your representatives. 

Governing Law

The Terms are governed by the laws of New South Wales, Australia. These laws will apply no matter where in the world you live. 

Changes to the Terms 

We may update these Terms from time to time. If we believe that the changes are material, we will let you know by doing one (or more) of the following: 

• posting the changes through the Website; or 
• sending you an email or message about the changes. That way you can decide whether you want to continue using the Website. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website following the changes constitutes your acceptance of the updated Terms. 

Entire Agreement, Severability, Waiver & Assignment

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and us regarding the Website. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms. 

Survival

The Terms will remain in effect even after your access to the Website is terminated, or your use of the Website ends.