Terms and Conditions
Welcome to the EGLine Australia website available at http://www.egline.com.au
In these Terms and Conditions of Sale(“Conditions of Sale”), "we" or "us" or “our” means EGLine Australia Pty Ltd ABN# 74 614 715 141 and "you" or “Customers” means the person, organization or entity that purchased the products or related services from us.
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 via our website,in store or over the telephone.
1.1 By ordering, purchasing or requesting any Goods or Services, the Customer is deemed to have accepted these Conditions of Sale and to have agreed that they apply to the exclusion of all others.
1.2 We reserve the right to correct any errors published on the website and to change any provision in these Conditions of Sale without notice.
Any change of these Conditions of Sale will only apply to future orders.
Continued usage of this website means you accept those changes so we advise that you check these Conditions of Sale from time to time so that you are aware of the current terms and conditions.
We do not undertake to keep this website updated.
1.3 A quotation made by us shall not be construed as an offer or obligation to supply in accordance with the quotation.
EGLine Australia reserves the right to accept or reject any order for Goods and Services, and to remove or edit content on our website, or cancel orders at its sole discretion and without incurring any liability to you.
1.4 When any notice in connection with these Conditions of Sale was made in writing and delivered or sent by email, fax or post to the party to whom such notice is intended to be given or to such other address, email address or fax number as may from time to time be notified in writing to the other party, it will be deemed that the notice has been duly given.
1.5 If any provision of these Conditions of Sale is illegal, unenforceable or invalid, these Conditions of Sale take effect (where possible) as if they did not include that provision.
When you purchase products via our website, you may place an Order by adding items to 'The Cart' on our website and clicking the "Check Out" button. Please choose your products carefully.
Prices can change and so you should check the latest price on our website. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process.
We will let you have an "order number" via a confirmation email once your checkout process is complete.
2.1 When you pay by direct deposit, credit card, debit card, Paypal or EFTPOS, we will not complete your order until your payment has passed our internal validation procedures.
Once your payment has been validated, we will process your order and send you an order number by email. Please keep your order number safely. Once we have given you an order number, a binding agreement will come into existence between you and EGLine Australia based on these Conditions of Sale.
2.2 We reserve the right to reject an order, refuse service, terminate accounts, or cancel orders at our discretion depending on a variety of factors.
If we cannot process or accept your order after payment is received we will contact you by email or telephone forrefund.
2.3 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.
When an item that you have ordered cannot be currently filled or shipped, you can choose to put your order on backorder and we will contact you to arrange for delivery once the product is available.
The balance of orders will be dispatched freight free unless the entire order isbackordered or in our opinion, the freight cost on the backordered portion is substantial.
2.5 Special Orders
Special orders are goods speciallybought in on customer’s request. You can place a special order by accepting the quote.
Payment upon order is required and special orders cannot becancelled or the goods returned unless we both agree to the order cancellation and return of the goods in writing.
2.6 Order Enquiries
If you have any query about the progress of your order please contact our Sales team. Please have your Order number handy as shown on the order confirmation email.
We do our level best to keep most products in stock. Stock availability presented on our website or by our Sales Team is accurate in accordance with our current stock levels but 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 using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you.
4. Price and payment
4.1 Prices are subject to change without notice.
4.2 On this website all prices are in Australian currency (AUD) and inclusive of GST where applicable and we will issue a compliant tax invoice where appropriate.
Prices for our products displayed on third party websites may not be correct and we are not bound by them.
4.3 Payment is to be by cash, credit card, American Express, VISA, MasterCard credit cards, debit card, direct deposit, Paypal or EFTPOS unless We have granted the Customer a credit facility.
4.4 When you purchase products or receive services from us on credit, all invoiced amounts are payable within 30 days of the date of the invoice, unless agreed otherwise by us in writing.
If at any time any monies payable by the Customer under these Terms are not paid on the due date, the Customer shall pay interest at the rate prescribed from time to time under the Penalty Interest Rates Act plus 2% on any amount overdue from the due date for payment until the date payment is made.
4.5 By ordering, purchasing or requesting any Goods or Services on credit, the Customer is deemed to have agreed to indemnifyand / or reimburse us in relation to any costs incurred by us in attempting to recover amounts owed by the Customer to EGLine Australia pursuant to these Terms and Conditions of Sale.
Where the Customer is a Limited Company, we reserve the right to request an indemnity from the Directors of that company and where the Customer is a Proprietary Limited Company, we reserve the right to request a personal guarantee from the Directors of that Company.
4.6 When the ownership or legal entity of the Customer changes, we must be immediately notified in writing.
Until such notification is received and acknowledged by us, liability for any unpaid account will remain with the Customer as disclosed in our records.
4.7 The website employs the latest in Secure Sockets Layer (SSL) technology to secure our payment systems.
Whilst we employ the latest technology and use SecurePay and Paypal assecure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorized manner by a third party.
4.8 Your tax invoice will be given to you when you purchase items in our store and in case you purchase products online,tax invoice will be sent to you when the items have been dispatched.
Your tax invoice is your proof of purchase and will be required for any warranty claims, returnsand cancellations.
Please refer to our Shipping Policy for more details. By accepting these Conditions of Sale, you also accept our Freight Policy.
6. Titles and Risk
6.1 Titles in the products remain with us and do not pass to you until all monies payable (including any interest, freight or insurance charges) have been paid to EGLine Australia.
6.2 If your payment is declined for any reason or the customer becomes insolvent 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 and we reserve the right to enter any premises where such Goods may be located. We reserve the right to keep or sell the products.
6.3 The Goods are inventory for the purposes of the PPSA (Personal Property Security Act 2009); and we retain a security interest in all Goods supplied by EGLine Australia to the Customer.
6.4 Risk in the Goods passes to the Customer on delivery.
6.5 Until title in the Goods passes to the Customer, the Customer must hold the Goods as bailee of EGLine Australia andinsure the Goods against all risks for their full price from the date of delivery.
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:
7.1 We warrant that all Goods supplied by us are fit for their intended purpose, merchantable quality and free from any encumbrance, other than any encumbrance created under these Terms.
7.2 If any of the Goods delivered to the Customer do not meet the standards set out in clause 7.1, the Customer must notify us in writing within seven days of delivery.
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. For limitation of liability, please refer to clause “8. Limitation of Liability”
7.3 Our responsibility for any noncompliant Goods will be determined. Any claims not made within seven days of delivery will be invalid and we will have no liability whatsoever in respect of such claims.
7.4 Except for the warranties provided by us and subject to any warranties which may be provided by the manufacturer of specific Goods, to the extent permitted by law we exclude all warranties of whatsoever kind or nature, either express or implied in connection with the supply of Goods by us to the Customer.
7.5 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.
If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy.
7.6 Warranty may be invalid if your product exemplifies any of the following issues:
- Physically damaged, dismantled, modified, cut, deformed
- Painted or marked
- Subject to excessive force, repetitive strain, weather, pets, or pests
- Contaminated by sand, water, soil, etc.
8 Limitation of Liability
We expressly excluded liability for consequential, incidental, indirect, special, exemplary or economic damage or loss (including loss of use, loss of revenue, loss of profit or opportunity, damage to goodwill, loss of data, business interruption, costs of recover any program stored in or used with the products, costs of procurement or substitution of goods, technology or services or loss of information), 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), 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.
8.1 To the extent permissible by law we limit our liability for any breach, at our discretion, to either : (a) repairing the Goods; (b) replacing the Goods; or (c) refunding the Price paid for the relevant Goods; (d) in the case of services, to supplying the services again or the cost of having the services supplied again.
8.2 The warranties provided by EGLine Australia and a manufacturer of Goods are void if those Goods have been installed by persons other than Registered Electrical Contractors, and/or the Goods have been installed other than in accordance with the instruction manual for the Goods.
8.3 The Customer indemnifies EGLine Australia from and against any damages that it or its related bodies corporate suffer, incur or are liable for as a direct or indirect result of any breach of these Terms, or any conduct which may be considered misleading or deceptive, by the Customer or its agents.
8.4 All the information (including any advice, assistance, drawing, description, dimensions, illustration, recommendation, specification or technical information) provided by us in relation to any products is given in good faith and is believed by us to be appropriate and reliable, however, it is approximate only and your use of this website or any information provided by us is entirely at your own risk.
We make no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided by us.
We expressly excluded liability for any such inaccuracies or errors, including consequential or incidental damage or injury, to the fullest extent permitted by law.
8.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptanceor offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
8.6 This website may contain links to other websites operated, controlled or produced by third parties.
EGLine Australia does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.
9. How to Claim a Warranty
Tax invoice as a proof of purchase is necessary.
- Please email the Warranty Request Form to firstname.lastname@example.org to get a process started.
- We'll get back to you as soon as possible to resolve the situation to the best of our ability.
- If you are required to send your item back to us, please use the courier company that we listed on the Warranty Request Form and take special care to package it well.
We will not be responsible for any damage caused during the return shipping.
- All goods must be returned to us at your cost, but in case we confirm that the item is entitled to our warranty program, we will refund the shipping cost.
10. Returns and refunds
Please refer to our Returns Policy for more details. By accepting these Conditions of Sale, you also accept our Returns Policy.
11. Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is directly or indirectly caused by any event or circumstance beyond our reasonable control.
If we are delayed from performing our obligations due to such a circumstance for a period of at least 60 days, either party may terminate these Terms by providing 5 business days' written notice to the other party.
EGLine Australia will adhere to its Privacy Collection Statement and the Customer agrees to the collection of personal information by us for the purposes set out in the Privacy Collection Statement and in accordance with the Privacy Act 1988 (Cth).
13 Transfer of rights or liabilities
EGLine Australia may transfer any right or liability under these Terms at its absolute discretion but the Customer may not transfer any right or liability under these Terms without the prior written consent of EGLine Australia.
14 Intellectual Property
All information, photographs, illustration and other graphic materials are the property of EGLine Australia and are protected by law.
Any such content may be displayed and printed solely for your personal and non-commercial use.
15 Governing Law
The information contained on this website is intended to apply in Australia only.
By accessing this website you agree that these Conditions of Sale are governed by and construed under the law of Western Australia.
In the event of adispute you agree to submit to the exclusive jurisdiction of the courts of Western Australia and the Federal Court of Australia.
If any provision of these Conditions of Sale is found to be invalid or unlawful by a court of law, these Terms will be read and enforced as if the void or unlawful provisions have been deleted and such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
If you need to contact us for any reason, please do so using the contact us page.