Terms and conditions

 

1. By using this website, you agree to be bound by these Terms and Conditions, as amended or replaced by us from time to time.
2. These Terms and Conditions constitute a contract between us (as owner of the website) and you (as user of this website), in relation to your use of this website (http://www.workweardiscounts.com.au), in particular to the ordering and purchase of goods from us.

2.1 Definitions

In these Terms and Conditions, unless the context requires otherwise:
   (1) you means a person who places an order via this website;
   (2) us means Workwear Discounts Pty Ltd as trustee for the Bernard Baz Family Trust;
   (3) our return policy means the policy available via our website in relation to the return of goods;
   (4) goods means goods advertised by us on our website, including, work wear, safety wear, protective wear, casual wear, business wear, industrial apparel, winter
   apparel, jackets and rainwear, personal protective equipment, footwear, and other miscellaneous items;
   (5) GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999;
   (6) price means the price for goods shown on our website at the time an order is accepted by us;
   (7) words and phrases defined in A New Tax System (Goods and Services Tax) Act 1999 and related legislation have the same meaning in these Terms and
   Conditions;
   (8) a reference to:
      (a) document is to that document as amended, novated or replaced from time to time;
      (b) money is to Australian dollars, unless otherwise stated;
      (c) “including" and similar expressions are not words of limitation;
      (d) legislation is a reference to that legislation as amended or replaced from time to time;
   (9) where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding
   meaning;
   (10) headings are for convenience only and do not affect the interpretation or form part of this Agreement.

3. Lawful right to order

 3.1 You should only place an order with us if you have the lawful right to do so.
 3.2 You warrant to us that:
   (1) you can enter into and perform a legally binding contract with us;
   (2) you have an active email account and contact telephone number which we can contact you on;
   (3) the details you provide us are correct, not fraudulent and not misleading in any way;
   (4) you are authorised to incur the costs of any order you submit using the details you provide us.
 3.3 If we request you to provide proof of your identity, you must promptly provide us with the information we request.

4. Ordering

 4.1 You agree to be bound by these Terms and Conditions when you submit an order.
 4.2 An order may be submitted to us via our website.
 4.3 You are responsible for the details contained in your order so you must check it carefully before submitting it.
 4.4 Once an order is submitted, it cannot be cancelled or changed unless we agree in writing.

5. Treatment of order

 5.1 An order placed by you is an offer to purchase goods for the price and pay any applicable delivery fees.

6. Subject to availability

 6.1 Each order is subject to the goods being available at that time.
 6.2 You acknowledge that from time to time, some goods may be out of stock, discontinued or otherwise unavailable.
 6.3 We may place restrictions on the quantity of goods able to be ordered.
 6.4 We will not be liable in any way if any goods ordered are out of stock, discontinued or otherwise unavailable.

7. Dealing with an order

 7.1 We reserve the right to accept or reject an order (in whole or in part) at any time for any reason.
 7.2 Where we accept an order, we agree to supply the goods requested in the order for the price in accordance with these Terms and Conditions.
 7.3 Despite any other provision in these Terms and Conditions, we reserve the right to cancel a transaction up until the time of delivery of goods to you for any
   reason.
 7.4 If we accept payment from you for an order but subsequently:
   (1) discover the goods are out of stock, discontinued or otherwise unavailable; or
   (2) cancel the transaction,
   we will promptly return your payment to you.

8. Advertised Goods

 8.1 We may, at any time, for any reason, withdraw or suspend from sale any advertised goods without notice to you.
 8.2 If we withdraw or suspend from sale any advertised goods, we will not in any circumstances be liable to you or any other person for any loss suffered or incurred.
 8.3 A picture or image of goods on our website:
   (1) is for illustration purposes only;
   (2) may not depict the actual size or dimensions of goods;
   (3) may show the colour of goods in a manner which is different to the actual colour of goods; and
   (4) may depict accessories which are not offered for purchase or included in the price.

9. Price

9.1 Subject to clause 10.2, the price in respect of any goods is the price specified on our website at the time an order is accepted.
 9.2 You acknowledge and agree that despite our reasonable efforts, goods may be shown on our website with an incorrect price or with incorrect information due to
   typographical or similar errors.
 9.3 We will endeavour to correct any error shown on our website promptly after becoming aware of it.
 9.4 Where delivery of goods is required, the cost of delivery is the cost [[select: charged by the carrier, shown in our advertising material, shown on our website]].
 9.5 Unless otherwise specified:
   (1) the price and cost of delivery is in Australian dollars and inclusive of GST;
   (2) the price does not include any taxes, duties or charges imposed or levied in Australia or overseas in connection with the supply of goods or services;
   (3) additional charges may apply to delivery overseas or to regional or remote areas of Australia.
 9.6 You must pay the price without deduction or set-off.

10. Payment

 10.1 In respect of an order, we will charge you and you agree to pay:
   (1) the price for the ordered goods; and
   (2) the applicable cost of delivery,
   including any applicable GST.
 10.2 You can pay for the goods ordered and accepted by us by any method specified on our website.
 10.3 You acknowledge that your payment must be cleared before we will dispatch the ordered goods.
 10.4 We will render a tax invoice after we have accepted and processed an order.

11. Price change

 11.1 We may at any time prior to an order being accepted, change the price for any goods without notice to you.

12. Delivery

 12.1 We may from time to time use delivery agents to deliver goods.
 12.2 You irrevocably authorise us to give your details and details of your order to our delivery agents to enable delivery.
 12.3 We will not be liable for any loss, cost or expense you or any other person might suffer as a result of any delay in the delivery of ordered goods.
 12.4 We will endeavour to arrange delivery promptly after accepting an order but:
   (1) we cannot guarantee delivery by a particular date;
   (2) we will not be responsible if delivery is delayed or not effected due to unforeseen circumstances; and
   (3) we will not be liable to you or any other person in relation to any loss, damage, cost, expense or injury in relation to any delay or failure to deliver goods.
 12.5 In-store pick up.  For goods marked pickup instore the person collecting the goods [ or your nominated carrier ] will be required to provide photo ID or other suitable identification.

All our other terms and conditions will apply for instore collections as if they were being sent by Australia Post. 

13. Place of delivery

 13.1 In your order, you must notify us of the place you wish to have the ordered goods delivered to.
 13.2 If you fail to arrange a person to accept delivery of the ordered goods, you agree to pay any additional storage and delivery costs and expenses incurred by us
   prior to redelivery.

14. Risk

 14.1 Risk in any goods supplied by us passes to you upon:
   (1) delivery of the goods by us to you or our agent, contractor or carrier; or
   (2) collection of the goods by you or your agent, contractor or carrier.

15. Returns

 15.1 Goods can only be returned in accordance with our returns policy.

16. Personal information

 16.1 Information, including personal information (for example, contact details), provided by you will be kept and used by us to process your order in accordance with
   these terms and conditions and, if applicable, any privacy policy which we may have from time to time.
 16.2 You warrant to us that you have, before you place an order, obtained the consent of any other person involved in the order of goods to us keeping and using their personal information in accordance with these Terms and Conditions and, if applicable, any privacy policy which we may have from time to time.

17. Disclaimer

 17.1 For the avoidance of doubt, the disclaimer contained in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and
   to the extent, such liability cannot be lawfully excluded.
 17.2 We do not accept responsibility for any loss, damage, costs or expenses, however caused (including through negligence) which you or any third party may
   directly or indirectly suffer in connection with your use of our website or the information contained on our website.
 17.3 Subject to any rights you may have at law, we exclude to the fullest extent possible, all guarantees, warranties and implied terms, whether statutory or
   otherwise relating to the goods or these Terms and Conditions.
 17.4 To the extent permitted at law, any condition or warranty which would otherwise be implied into these Terms and Conditions is excluded.
 17.5 If legislation implies any condition or warranty and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such
   condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of
   the following:
   (1) if the breach relates to goods:
      (a) to the replacement of the goods or the supply of equivalent goods;
      (b) the repair of such goods;
      (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
      (d) the payment of the cost of having the goods repairs;
   (2) if the breach relates to services:
      (a) the supplying of the services again;
      (b) the payment of the cost of having the services supplied again; or
      (c) the maximum extent permitted by legislation.
 17.6 Except in relation to liability for personal injury and except as otherwise stipulated in these Terms and Conditions, we will not accept liability to you in respect of
   any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by your or any other person which may arise
   directly or indirectly in respect of goods or services supplied pursuant to an order placed through our website or in respect of any failure or omission on our
   part to comply with our obligations under these Terms and Conditions.

18. Precautions

 18.1 You must take your own precautions to ensure that your use of our website and any links on our website does not expose you to the risk of viruses, malicious
   computer code or other forms of interference which may damage or affect your computer.
 18.2 We do not accept any responsibility for any interference or damage to your computer system which arises in relation to your use of our website or its links.
 18.3 Any links on our website are for convenience only and may not be current or maintained.

19. Indemnities

 19.1 You indemnify us to the fullest extent permitted by law, against any cost, loss or expense the we incur or suffer as a result of or relating to:
   (1) your failure to comply with these Terms and Conditions;
   (2) your use or misuse of this website;
   (3) any defamatory comments you make about us;
   (4) any right or power exercised or not exercised by us under these Terms and Conditions or at law generally;
   (5) enforcing any right or remedy the we may have under these Terms and Conditions or at law generally;
   (6) any claim, demand, action or legal proceeding made or taken by any person against us which relates in whole or in part to these Terms and Conditions or the
   transactions it contemplates;
   (7) any breach of a warranty or breach of a covenant given by the you under these Terms and Conditions.

20. Assignment

 20.1 We may assign or novate these Terms and Conditions without your consent provided we causes any assignee to agree to comply with these Terms and Conditions
   as though it had entered into these Terms and Condition as us.
 20.2 You must not assign, novate or otherwise deal with its rights in relation to these Terms and Conditions without the prior written consent of the us.

21. Amendment

 21.1 We reserve the right to vary these Terms and Conditions from time to time.
 21.2 Any variation to the Terms and Conditions will take effect from the time the amended Terms and Conditions are posted on our website.
 21.3 The Terms and Conditions posted on the website at the time an order is placed will apply to that order.

22. Waiver

 22.1 The failure of us at any time to require performance of any obligation under or in connection with these Terms and Conditions is not a waiver of our right to
   claim damages for breach of that obligation and at any other time to require performance of that or any other obligations under these Terms and Conditions, unless
   written notice is given to that effect.
 22.2 No waiver of any right under these Terms and Conditions is effective unless it is in writing and signed by the party giving it.

23. Severability

 23.1 The provisions of these Terms and Conditions and parts of each provision will be severable.
 23.2 If any provision is found to be unlawful or unenforceable, then that provision will be read down to the extent necessary to ensure it does not infringe any law or
   is not otherwise unlawful or unenforceable so as to give it a valid operation to the extent possible.
 23.3 If the infringing provision of these Terms and Conditions cannot be read down it will be deemed to be deleted and the remaining provisions will continue to have
   their full force and effect.

24. Governing Law and Jurisdiction

 24.1 These Terms and Conditions are governed by the laws in force in Queensland.
 24.2 The parties submit to the jurisdiction of the courts in Queensland exercising jurisdiction with respect to matters concerning these Terms and Conditions.

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