TERMS AND CONDITIONS OF TRADE
General Terms and Conditions
These terms and conditions apply to the use of this website and the ordering, purchase and delivery of Products from www.Our-Hydrastore.com.au
If you have any questions regarding the terms and conditions please email Our team at sales@Our-Hydrastore.com.au, and a representative will be happy to assist you.
Terms and conditions for Our-Hydrastore Products
The Products You order on the Website are supplied by
Primehyd (Pty) Ltd (ABN 661 346 93342) trading as Our-HydraStore (herein referred to as “Our-HydraStore” and are referred to as Our-HydraStore Products or just as Products. These Terms and Conditions, together with your order, constitute an agreement of purchase and sale (“the Agreement”) between the customer (You) and Our-HydraStore.
The undermentioned terms have the meanings assigned to them below:
“We”, “Our” or “Us” means Our-HydraStore;
“You” or “Your” or “the Customer” means the person who accepts these Terms and Conditions, by using this Website and associated software and processes and purchasing Products through the Website;
“Our-HydraStore” means Primehyd (Pty) Ltd (ABN 661 346 93342) trading as Our-HydraStore at 4/471 Victoria Road, Malaga, Western Australia 6090;
“Price” means the price of a Product as displayed on our Website, subject to change as provided herein;
“These Conditions” means these Terms and Conditions;
“The Agreement” means the contract concluded by You placing an Order and accepting these Terms and Conditions.
- The Agreement
- By placing an Order, You agree to these Conditions and enter into a legally binding Agreement between Us and You for the supply of the Product/s ordered.
- These Conditions together with Your Order constitute the entire agreement between Us and You for the supply of Products and cannot be varied or supplanted by any other terms or conditions unless We agree to vary them in writing or by email.
- If you are under the age of eighteen (18) years you cannot place Orders with Our-HydraStore. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
- Website Use
- The Website may contain links to other websites. 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.
- 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.
- Prices displayed on the Website exclude GST unless otherwise stated and are subject to change without notice. However, once an Order has been accepted by Us the price cannot be varied except by agreement between You and Us in writing or by email or in accordance with clause 4b.
- If You request any variation to Your Order after acceptance by Us, We may increase the Price to account for the variation.
- All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
- Product Specifications
Features and specifications of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us.
- You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s), the subject of Your Order.
- Orders will be deemed to have been received and accepted by Our-HydraStore at the time Our-HydraStore sends an Order confirmation to Your nominated e-mail address.
- Our-HydraStore is an online business and will primarily communicate with Customers via e-mail. 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.
- Our-HydraStore reserves the right to decline to enter into an Agreement with You and may cancel Your Order at any time prior to dispatch of the Product(s).
- In the event of an Order being cancelled by you prior to the dispatch thereof, any payment made in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
- Our-HydraStore does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections or our distributors.
- Our-HydraStore shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of Our-HydraStore (or its affiliates), and Our-HydraStore shall be entitled to a reasonable extension of time for the performance of such obligations.
- Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
- You will be required to provide Your nominated credit card during the purchase process described on the Website.
- Payment for Orders will be processed immediately upon confirmation of Your Order.
- If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In that event Your Order will not be fulfilled until Your Order has passed Our fraud prevention protocols. If you do not provide the requested information within 7 days, Your Order will be cancelled and Your payment will be refunded. We follow this process to protect credit card holders from online fraud.
- Delivery and ownership of the Products
- We will endeavour to ensure that all Products are delivered in a prompt and timely manner or are ready for collection by the designated collection date. However, it is possible that shipping and other factors beyond Our control may result in delays. Our-HydraStore does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
- The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Our-HydraStore. Where dispatch of a Product is delayed, You will be notified by e-mail to the e-mail address nominated in Your Order. You are permitted to cancel Your Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
- Our-HydraStore will only deliver Products to physical addresses.
- The couriers or postal services nominated by Our-HydraStore will deliver Products during local business hours (9am to 5pm, Monday to Friday).
- Our-HydraStore is not responsible for the delivery times of Products. Once Products have been dispatched, it is Your responsibility to liaise with the courier nominated by Our-HydraStore (as notified to You) in relation to date and time of delivery. Our-HydraStore shall not be liable for any inaccuracy of information provided to Youin this regard.
- Our-Hydrastore reserves the right to not ship to remote or rural locations.
- Limited Warranty
Our-HydraStore or its affiliates will repair, replace or refund faulty or damaged Products in accordance with Your rights under the Australian Consumer Law (hereinafter referred to as the ACL) and subject to the following:
- Our-Hydrastore warrants the products against defects in material and workmanship when used for their intended purpose and in accordance with any instructions furnished.
- The Warranty is for a period of 6 months from the date on which the risk passes to the Customer or such other period as Our-Hydrastore and the Customer may agree in writing and is subject to the further provisions of this Clause 9.
- The Customer is to immediately notify Our-Hydrastore in writing of any defects. If any Products are defective at the time of passing of risk, Our-Hydrastore may elect to either remedy the defect or supply a replacement.
- You must not attempt to remedy any defect either yourself or via a third party unless Our-Hydrastore is in default in remedying the defect or You are forced to remedy the defect due to urgent operational requirements or to avert imminent danger. Any attempt to remedy any defect, except in the circumstances mentioned above, will invalidate the warranty and Our-HydraStore will then be under no obligation to fulfill the warranty.
- To claim warranty, You must first obtain Our-HydraStore’s agreement to return the Products. Our-HydraStore is entitled to reject any warranty claim:
- if the Products have been disassembled, tampered with or attempts to repair have been made;
- the Products are out of the warranty period;
- the Products stopped performing due to incorrect application or use or for any other reason attributable to the fault of any user of the Products.
Where there is a warranty claim, the Customer shall pre-pay any transport costs, which will be credited to the Customer if the claim is accepted.
The warranty is provided in addition to any other rights, remedies and warranties available to the Customer which cannot be excluded under the ACL or any other statute or law. The Customer is entitled under the ACL to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage or, if the Products fail to be of acceptable quality and the failure does not amount to a major failure, to have the Products repaired or replaced. Our-Hydrastore shall be entitled to elect whichever of these remedies the ACL or any other applicable statute allows in any given situation.
Except as set out in these Conditions or contained in any warranty statement provided with the Products, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Products, whether implied by statute, common law, trade usage, custom or otherwise, is expressly excluded.
Replacement or repair of the Products or the re-supply of or taking of action to remedy the Services is the absolute limit of Our-Hydrastore’s liability howsoever arising under or in connection with the sale, use or storage of or any other dealings with the Products by the Customer or any third party.
Our-Hydrastore will not be liable for any loss or damage suffered by the Customer or any third party:
- where Our-Hydrastore has failed to meet any delivery date or cancels or suspends the supply of Products for a reason permitted or in circumstances where such failure is excused in terms of these Conditions;
- if delivery of the Products is prevented or where delivery is delayed and where the circumstances of the non-provision or delay are outside its control, for reasons such as flood, fire, Act of God, war or threat of war, physical unrest, riots, civil disturbances, terrorist activities (threatened or actual), strikes or other activity or for any other reason beyond the control of Our-Hydrastore.
- Our-Hydrastore will under no circumstances whatsoever, except as otherwise specifically provided herein, be liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
- For the avoidance of doubt, nothing in these Conditions is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of Products which cannot be excluded, restricted or modified.
- Intellectual Property
All Intellectual Property in any Material on the Website is the property of OUR-HYDRASTORE and may not be reproduced, adapted, modified, displayed, performed or distributed in any manner.
Illustrations, drawings and measurements supplied on our Website are only approximate and not binding except where so agreed or clearly implied.
Title and risk in the Our-HydraStore Products pass to You at the point of dispatch or collection at Our-HydraStore.
Our-HydraStore reserves the right to make changes to the Our-HydraStore Website and these Conditions without notice. Any such changes will operate prospectively from the time that the revised Conditions are published on the website and will not alter the terms of any Agreements entered into prior to the date of the publication of the revised Conditions.
Any provision of these Conditions which is void or unenforceable may be severed from these Conditions without affecting the enforceability of other provisions.
A failure or delay by Our-HydraStore to exercise a power or right under these Conditions will not be construed as a waiver of that power or right, and the exercise of a power or right by Our-HydraStore does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase and delivery of Our-HydraStore Products from Our-Hydrastore.com.au, these Conditions are governed by and must be construed according to the law of the State of Western Australia and the parties submit to the jurisdiction of the courts in that State.
No Our-HydraStore employee or agent has the authority to vary any of the Conditions governing any sale.