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Terms & Conditions
In these terms and conditions, "we" mean's Middlemass
Group Pty Ltd (ABN 98 101 356 272) Factory 5, 12 Shearwater Drive
"Shearwater Business Park", TAYLORS BEACH, NSW, 2316. Please read the terms and
conditions carefully as they apply to the use of this internet site. By using
this site you agree to be bound by these terms and conditions. We may revise
these terms and conditions without notice or obligation by updating this
posting.
Definitions
The term "purchaser" refers to the purchaser of goods and services from
Middlemass Group Pty Ltd.
General
Unless otherwise specifically agreed in writing by Middlemass Group Pty Ltd to
the purchaser, these terms & conditions governing the supply of goods, shall be
the only terms & conditions of this sale.
Governing Law
These terms & conditions shall be construed in accordance with the laws of the
state of New South Wales and all parties shall submit to the courts of that
jurisdiction.
Courier Delivery Charges
Any postage or courier fees (where applicable) are added when we
process your order. Freight costs are shown by clicking on the freight cost
button under the product you are ordering. Your order confirmation will not show
this amount as we add it when we process the payment.
Split Orders.
Sometimes not all items will be in stock. If this is the case we will notify you
and your order will be placed on backorder so that the complete order can be
shipped when in stock. You may wish to split your order however freight cost
will be added to the second shipment. Order will only be split if you request it
and are aware of the second shipping charge.
Cancellation of Orders
You have to right to cancel your order or even return the goods if you
are unhappy, however all freight costs and or installations costs can not be
refunded once the goods have left the warehouse.
Account Customers
Middlemass Group Pty Ltd is not obligated nor is it standard policy to supply
credit terms to any customer, therefore all sales shall be in
Australian Dollars (AUD$) and paid for by credit card, cheque unless a
relationship has been established with us over a period of time. Middlemass
Group Pty Ltd reserves the right to provide the customer with an appropriate
credit limit based on it’s review.
Government Orders
An account will be established Upon receipt of an official government order
however Middlemass Group Pty Ltd is not obligated nor is it standard policy to
supply credit terms to any customer. We may refuse to offer credit terms at
will.
Orders
This site caters for consumers
within Australia only. Middlemass Group Pty Ltd may at its own discretion refuse
a sale.
All our orders are subject to security screening that verifies data from where
the order originated as well as other security information. Orders that are
placed from international IP addresses are not excepted for credit card
payments. Both Delivery addresses and Billing addresses must be within Australia
and its territories.
Delivery
The time-of-day for
deliveries cannot be guaranteed. We are unable to control any delays in delivery
as a result of the carriers. Goods are despatched via Star Track. Please be aware
that you will be required to sign for the goods when delivered.
Warranties
All goods purchased carry a manufacturers warranty (excluding freight
and travelling). Also see Returns Policy.
Damage or Missing Claims
Should you find that the products have been damaged in any way or your order
is not correct, you must notify us immediate. Claims will not be recognized
after 7 days.
Prices
Prices are as quoted on
the website at the time you place your order but do not include shipping. All
prices shown do include GST.
Payment Options
We accept orders via this web site, and also by phone on 1300 780
843 (9.00am-5.00pm EST. time, Mon-Fri). We accept the following payment
methods: PayPal, American Express, Visa, MasterCard, Cheques & Direct Deposits. All our
orders are subject to security screening that verifies data from where the order
originated as well as other security information. Orders that are placed from
international IP addresses are not excepted for credit card payments but may pay
by Direct Deposit only. For credit card payments the card must be an Australian
Issued credit card from an Australian banking institution.
Complaints
As a consumer you should be aware that you have a right to complain
about products or services, should they fall outside your expected expectations.
Middlemass Group Pty Ltd, have a complaints handling policy that is followed
when handling a complaint. A copy of this policy is available to you through our
web site.
Title Retention
Middlemass Group Pty Ltd holds title on all goods until paid for in full.
When the goods are fully paid for, only then will the title of goods be
transferred to the consumer.
Availability
All orders for products are subject to availability. Product availability
is shown on the site but does not include unprocessed orders.
Data protection
We will only use the information that we collect about you lawfully (in
accordance with the Privacy Act 1998) and according to consumer protection
guidelines for electronic commerce. The personal information which we hold will
be held securely in accordance with our internal security policy and the law.
Product descriptions
Due to the limitations of photography and broadcasting, colours of goods
you receive may differ slightly to those displayed on your monitor. Middlemass
Group Pty Ltd cannot be held responsible for any variations in product
specifications enforced without notice by our suppliers. Middlemass Group Pty
Ltd also reserve the right to alter specifications without notice or obligation.
Copyright
This site is © 2006, Middlemass Group Pty Ltd, A.C.N. 101 356 272. All
Rights Reserved. All brand names, product names and titles used in this site are
registered trademarks shown by ® or trade names shown by ™ of their respective
holders. No permission is given in respect of use of any of the above and such
use may constitute an infringement of the holders' rights. All intellectual
property rights are preserved by Middlemass Group Pty Ltd.
Intellectual Property Rights
You acknowledge that the content of the site is subject to copyright and
other intellectual property rights. Unless you are expressly authorised by law
you must not yourself, or participate in or permit any other person, to sell,
reproduce, distribute, modify, display, publicly perform, prepare derivative
works based on, repost or otherwise use any of the content in any way for any
public or commercial purpose without our written consent: or otherwise infringe
the intellectual property rights of any person in using the site or any content.
Nothing you do on or in relation to the site will transfer any intellectual
property rights to you or licence you to exercise any intellectual property
rights unless this is expressly written and agreed to by Middlemass Group Pty
Ltd.
Your Use of the Site, non-commercial use only
You agree that information contained on this Site is for personal use only and
may not be sold or redistributed. You may download material from this Site for
your personal, non-commercial use only. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any material from
this Site including code. You must not use this Site for any purpose that is
unlawful or prohibited by these terms of use. You
must not, disrupt or interfere with the site or servers or other software,
hardware or equipment connected to or via the site; or violate any applicable
law relating to your use of the site; or collect or store personal data about
other users of the site.
Limitation Of Liability
To the extent permitted by New South Wales law our aggregate liability to you,
whether for breach of these terms or in negligence or in any other tort or for
any other common law or statutory cause of action arising in relation to these
terms, the site or content is limited to AUD$100. To the extent permitted by New
South Wales law we will not be liable for any direct, incidental, consequential
or indirect damages, loss or corruption of data, loss of profits, goodwill,
bargain or opportunity or loss of anticipated savings resulting from your access
to, or use of, or inability to use the site and the content, whether based on
warranty, contract, tort, negligence, or any other legal remedy, and whether or
not we know of the possibility of such damage.
Delivery
The time-of-day for deliveries cannot be
guaranteed, however we will make every effort to ensure a guide for delivery
time is given. Please be aware that you may be required to sign for the goods in
some cases when delivered. Please let us know of a suitable day for delivery if
being delivered to a private address.
Orders are processed throughout the day and are
despatched via the next available carrier. Our pick up time for interstate
freight is 1pm Monday to Friday. Orders placed after this time are despatched
the following day.
We are unable to control any delays in delivery
as a result of the carriers.
Deliveries can not be made to PO boxes.
Returns Policy
Policy Purpose
This policy provides
information to our customers on our standards and business practices. The policy
statement concerns customer relationships where the customer has decided to
return the product within the 14-day home trial, or the product has become
faulty. It is our policy to follow each standard as it is stated within the
structured time period, however Middlemass Group Pty Ltd reserves the right to
alter any or all of its procedures from time to time as deemed necessary to help
improve customer relations.
WARRANTIES
IMPORTANT NOTE: YOU SHOULD ENSURE YOU HAVE PURCHASED FROM US PRIOR
TO RETURNING TO OUR ADDRESS FOR WARRANTY CLAIMS. FREIGHT FORWARDING CHARGES
ARE APPLICABLE IF NOT PURCHASED THROUGH OUR STORE. Customers whom have purchased
from us should call prior so we can make arrangements for you.
14 Day Home Trial
Within 14 days of
delivery of your goods, you may return any of the following items you purchased
from Middlemass Group Pty Ltd, for a full refund of the product price (excluding
shipping costs). We cannot accept returns for items returned more than 14 days
after delivery under this policy. Goods will not be accepted by Middlemass Group
Pty Ltd unless they are in the same condition as when they were received by the
customer. Goods returned after 14 days are accepted as warranty claims. It is
recommended that goods be returned by a secure method of post, we recommend
registered post or some form of tracking delivery. Goods are not considered
received until they are in the hands of Middlemass Group Pty Ltd.
You Should;
-
Call Middlemass Group Pty
Ltd to inform and arrange collection within 14 days of receipt.
-
Return the goods in the
original condition and packaging
-
Include your Order
Number
-
Return the goods at your
own expense, unless we have supplied you with the wrong product or
damaged goods, in which case we will correct the problem at our expense.
We Will;
-
Call, E-Mail or Fax to
inform you the goods have been received at our office with 4 hours or
receipt.
-
Call, E-Mail or Fax to
inform you the goods have been credited to your nominated credit card
along with a credit note. Refunds do not include postage and
handling.
-
The credit will be
processed within 48 Hours from receipt of the goods, unless otherwise
noted.
Warranty Claim
All goods are covered
by the manufacturers warranty (excluding freight & travelling). We advise that
you make contact with Middlemass Group Pty Ltd, prior to sending back goods for
service. In some instances problems can be fixed over the phone, by one of our
staff or manufacturers. If returning goods It is recommended that they be
returned by a secure method of post, we recommend registered post or some form
of tracking delivery. Goods are not considered received until they are in the
hands of Middlemass Group Pty Ltd.
You Should;
-
Call Middlemass Group Pty
Ltd, please refer to your invoice number so that your claim can be
processed quickly.
-
Include your Order
Number
-
Include a detailed
description of the fault.
-
Return the goods (if
advised)
We Will;
-
Either repair or replace
the product within a suitable time frame.
-
We will ensure the problem
is resolved in the shortest time possible and keep you informed along
the way.
-
Call, E-Mail or Fax you to
advise when the goods are ready to collect
-
Give you a detailed note
of the repair.
-
Log your claim on our records so you may
access if required
Security Policy
When you use a secure browser, any information you submit to us through our
secured web site is transmitted using Secure Socket Layer (SSL) encryption, Our
secure server software is provided through A.W.P’s Global Transaction Sever. It
encrypts all of your personal information, including credit card number, name
and address, so that it cannot be read as the information travels over the
Internet.
We assure you that every transaction you make in this site will be treated with
the highest level of encryption available to us.
When the data is received, SSL is again used to unscramble the data, check that
it came from the correct sender, and then verify that it has not been tampered
or altered in any way.
If you still wish not to use your credit card, you
may select from one of the other payment methods listed in the “Terms &
Conditions – Payment Options”.
Internal Security
We have taken technical and
procedural measures consistent with international information security practices
to protect your personal and business information from misuse, unauthorised
access or disclosure, loss, alteration, or destruction.
These measures include:
-
Utilizing a firewall to protect internal
computer systems and your stored personal information (a firewall is a
barrier to unauthorised users to prevent access to our systems).
-
Monitoring system and application logs to
identify any unusual activity, from authorised and/or unauthorised
individuals accessing our systems and/or making changes to stored
information.
Privacy
The data we collect will be handled sensitively
and securely and with proper regard for privacy. The information you provide to
us is for billing and delivery purpose only.
We will only use the information that we
collect about you lawfully (in accordance with the Privacy Act 1998).
The personal information that we hold will be
held securely, in accordance with our internal security policy and the law.
We do not store your credit or debit card
details on any electronic media. Only when the New South Wales law requires us
to disclose such information will we do so.
E-Mail
We will only use your e-mail
address so we can (a) inform you about your order status (b) provide you with an
electronic receipt or invoice for your purchase. Your e-mail address is private
and will not be passed on, sold or printed for any third parties.
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