Terms and Conditions of Website Use
Please read these terms and conditions carefully before you use the Aussie Office Online website (“the Site”). By using the Site, you indicate that you accept these terms and agree to abide by them. If you do not agree, please refrain from using the Site.
General
These terms and conditions (“Terms and Conditions”) apply to the Aussie Office Online website (the “Site”). The Site is operated by Aussie Office Online (referred to as “we”, “our”, or “us”). These Terms apply to you as a user or visitor of the Site (referred to as “you” or “your”). By interacting with the Site in any way, including making transactions, you acknowledge that such interactions are subject to these Terms and Conditions.
We reserve the right to change these Terms and Conditions at any time. Changes will be effective when posted on the Site, with no additional notice provided.
Any typographical, clerical, or other error or omission on the Site shall be subject to correction without any liability on the part of Aussie Office Online.
Orders
Any order you place constitutes an offer capable of acceptance by us. We are not obligated to accept any order and may refuse an order without providing a reason.
You may cancel an order at any time prior to order confirmation, except for orders of customised goods, which cannot be cancelled.
Each accepted order constitutes a separate contract.
If you cancel an order for any reason, we reserve the right to charge a 25% restocking fee, as well as all delivery and collection costs.
Charges
Unless otherwise stated, our charges exclude delivery fees, duties, and sales tax.
You agree to pay all charges within 30 days of the invoice date. If payment is not made, we may charge interest on any outstanding amount at a rate of 4% above the ANZ Bank Base Rate until full payment is received.
If you fail to pay in accordance with these terms, we may suspend delivery or cancel any other contract between us. We may also take legal action to recover any outstanding charges for goods supplied.
We reserve the right to increase charges at any time if the price of goods increases between order confirmation and delivery.
We may require payment in advance. Goods will not be dispatched until payment has cleared.
Goods
All goods are subject to availability. We reserve the right to modify goods or substitute them with items of equivalent functionality without notice.
Delivery
Any delivery times given are good-faith estimates only. While we will use reasonable efforts to meet estimated delivery times, time is not of the essence.
If delivery cannot be completed due to your absence or inaccessible premises, you will be responsible for additional storage and administration charges.
We may deliver goods in instalments, with each instalment treated as a separate contract.
If you wish to cancel or reschedule an order, you must provide written notice as early as reasonably possible and pay any associated storage or administration fees.
We will not be liable for any loss (including loss of profit), costs, or damages arising directly or indirectly from a delay in delivery, even if caused by our negligence.
Title and Risk
Risk of damage or loss passes to you upon acceptance of the goods. Aussie Office Online is not liable for any loss once goods have been accepted.
Title to the goods will not pass to you until full payment has been received in cleared funds.
Until title passes, you must hold the goods as a bailee and keep them properly stored, protected, insured, and clearly identified as our property.
Until title passes, we may require you to return the goods. If you fail to do so, we may enter your premises to repossess them.
Quality
We warrant that the goods will be of satisfactory quality, subject to these Terms.
As we are not the manufacturer, all warranties, conditions, or terms implied by statute or common law (except as to title) are excluded. We will, however, pass on any applicable manufacturer warranty where available.
Rejection
If goods appear visibly damaged on delivery, you must notify the carrier immediately and refuse delivery or sign as “damaged”. Failure to do so forfeits your right to reject the goods for visible damage.
If goods are not visibly damaged but you wish to reject them for other non-conformance, you may do so provided that:
- You obtain an RMA number from us within 24 hours of delivery, submit a completed RMA form promptly, and allow us to inspect the goods within 7 days of delivery.
- The goods are unused, undamaged, in their original packaging, and unmarked.
We will bear the cost of collecting rejected goods provided that you comply with the above requirements.
We reserve the right to charge a 25% restocking fee for any returned goods.
If you fail to comply with the rejection process, you will be deemed to have accepted the goods.
Software
Where goods include software, title to the software does not pass to you, even after full payment.
You must comply with all software license terms. Failure to do so may result in license revocation.
Where third-party software is included and is defective or fails to conform to specification, our sole liability is to obtain a corrected version from the third party for your use.
Force Majeure
We will not be liable for any failure to deliver goods due to events beyond our reasonable control. If delivery is delayed for such a reason, we will notify you, and you agree to grant a reasonable extension for delivery.
Assignment
We may assign or subcontract any contract at any time with notice to you.
You may not assign or transfer any rights or obligations under a contract without our prior written consent.
Suspension and Termination
We may suspend delivery or terminate a contract immediately if:
- You enter liquidation, administration, or cease trading.
- You commit a material breach of these conditions.
- Delivery becomes impossible due to an event beyond our reasonable control.
Termination does not affect your obligation to pay for goods already delivered. We may offset any sums owed to you against charges you owe us.
Limitation of Liability
Nothing limits our liability for death or personal injury caused by our negligence.
Our total liability for breach or negligence is limited to repair or replacement of the goods, or at our option, a refund equivalent to the charges paid for the goods.
Except as above, we are not liable for any loss of profits, business, revenue, goodwill, anticipated savings, data, or any indirect, special, or consequential loss.
Data
We operate a computerized information service for customers. Access to such data requires a separate data license agreement, available upon request.
General
These Terms constitute the entire agreement between you and us and supersede all prior agreements regarding the goods.
You acknowledge that you have not relied on any representation or warranty not expressly included in these Terms.
Failure to enforce any term does not constitute a waiver of that or any later breach.
If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
These Terms are governed by Australian law, and both parties submit to the exclusive jurisdiction of the Australian courts.
No third party has any rights under these Terms.