Terms & Conditions
OZ H2O – STANDARD TERMS AND CONDITIONS
In these terms and conditions:
Vendor/Us/We/Our – means OZ H2O (ABN: 17742900797)
Customer/Buyer/You/Your – means the party purchasing Goods and Services from the Vendor;
Contract – means the contract formed in accordance with these terms and conditions;
Goods/Products/Items/Systems/Filters – means the product(s), fittings and accessories agreed to be supplied by the Vendor to the Customer under these terms and conditions, or any contract, agreement, arrangement or understanding between the Vendor and the Customer;
Special Offer/ Coupons – any campaigns or marketing associated with coupons, monetary discounts or complementary goods that is provided by the Vendor
Public Holidays – means a day that is a Saturday, Sunday or a public holiday in Brisbane, Australia; and
Services – means any service agreed to be supplied by the Vendor to the Customer under any contract, agreement, arrangement or understanding between the Vendor and the Customer.
2 EXCLUSIVITY / CONFIDENTIALITY
All details of this contract, including these terms and conditions, are to remain confidential between the Customer and the Vendor.
2.1 These terms and conditions replace in their entirety any previous terms and conditions published or used by the Vendor and these terms and conditions will be deemed to be incorporated into all Contracts.
2.2 All interactions of the Customer with the Vendor, whether in person, by telephone or via our website in relation to all and any quotations, sales and orders made or accepted by or on behalf of Vendor are subject to these terms and condition.
2.3 These terms and conditions are binding and can only be amended with the written consent of the Vendor.
2.4 Despite any acceptance by the Vendor of any purchase order from the Customer that may contain any provision inconsistent with or purporting to vary or reject any of these terms and conditions, any Contract arising from any such acceptance will be subject to these Terms and Conditions unless and to the extent only that the Vendor expressly agrees in writing to any variation thereof.
2.5 In the event of one or more of these terms and conditions being held by a Court of Law to be legally invalid or unenforceable, the remainder or such conditions will be in no way affected.
2.6 We reserve the right to amend all or part of the Contract at any time without notice. We recommend you read the Contract every time you use our website.
3.1 By registering, purchasing or using this site (www.ozh2o.com.au) including any other means of communications with the Vendor, you acknowledge and agree to be bound by this Contract and these terms and conditions.
3.2 We reserve the right to amend all or part of the Contract at any time without notice. The onus is upon you to read the Contract every time you use our website.
3.3 Any instructions received by the Vendor from the Customer for the supply of Goods, Services or any other intent relating to Goods and Services will constitute acceptance of the terms and conditions contained herein.
3.4 Where the Customer that has entered into this Contract comprises of more than one person or legal entity, each of them shall be jointly and severally liable for all payments and is in acceptance of Our Terms and Conditions.
3.5 The Customer shall give the Vendor not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, change in the customer’s personal address, business address, personal and centre email address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by the Vendor as a result of the Customer’s failure to comply with this clause.
3.6 The Vendor can supply various filtration and purification systems and cartridge/s which can remove or reduce contaminants in the water supply. The Vendor follows the supplied test result as a guideline for providing a filtration system to keep contaminants and bacteria to a minimum, however, an absolute guarantee is not given.
3.7 Every effort is taken by the Vendor to present accurate information including but not limited to the product description, pricing, and availability including images on our website. In the event that any information may contain typographical errors including any inaccuracies we solely reserve the right to correct them at any time, even after an order has been submitted. The Customer will only be informed if the amendment affects their order.
3.8 In the event of a change made to any information pursuant to clause 3.7 above, the Customer will be given the opportunity to receive a refund or to proceed with the order after all adjustments have been made. Despite, anything to the contrary, the Vendor reserves the right to cancel the order for such Goods that have been affected by the change and issue a refund to the Customer for the Goods affected by the change, without payment of any additional compensation.
3.9 The Customer acknowledges that the Vendor reserves the right to change its products, pricing and the contact at any time, without notice.
3.10 Prices for the goods are exclusive of installation cost and in most cases included the cost of delivery (Refer to cause 6)
3.11 Failure by the Vendor to enforce any provision of these terms and conditions shall not be treated as a waiver whatsoever, nor shall it affect the Vendors right to subsequently enforce that provision.
3.12 All representations, communications and prior arrangements are superseded by these terms and conditions.
3.13 These terms and conditions are governed by the laws of Queensland, Australia and the Commonwealth of Australia and the parties irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia, the Commonwealth of Australia and courts competent to hear appeals from those courts.
4.1 The Customer is responsible for ensuring the accuracy of the order placed and the suitability of Goods including the delivery destination supplied to the Vendor.
4.2 The Customers name, address, contact details, including a valid email address, are required for the correct processing and shipment of the Goods. We will take appropriate measures to secure this information, however, you acknowledge and accept that we are not liable for any violations or misuse of the details provided and indemnify us against any claims for loss or damage (including consequential loss or damage) resulting from the violation or misuse of such details.
4.3 The Vendor is not able to process orders on Public Holidays and days designated by us from time to time for stock take.
4.4 The Vendor will not process an order until payment is received in full for all Goods and any related delivery fees.
4.5 No claims, refunds or returns will be entertained while Goods in are still in transit (refer to clause 6 below).
4.6 All orders are subject to availability of stock. If the Vendor is unable to supply any Goods that the Customer has ordered, the Vendor will inform the Customer as soon as is reasonably possible.
4.7 In the event that a Product that is out of stock forms part of any order, we will notify the Customer as soon as is reasonably possible and if the Vendor cannot contact the Customer, the Vendor will send only the Goods that are in stock (refer to clause 6.5 below).
4.8 You must be over eighteen (18) years of age to purchase any Goods from the Vendor. You hereby confirm that you are over the required age to place your order.
4.9 All products purchased from the Vendor is brand new and in most cases will be repackaged in unmarked boxes and secured before the Goods are dispatched to you.
4.10 In any event, if a Customer is offered any complementary Goods, this will not include ongoing Services. The Customer hereby releases the Vendor of any liability whatsoever and indemnifies the Vendor against any claims for such loss or damage (including consequential loss or damage) that may be incurred by the Customer.
4.11 We reserve the right to accept or cancel your order within fourteen (14) days. The Vendor is not required to provide a reason for the cancellation.
4.12 Complementary products cannot be exchanged for money or for a credit against the Customers account.
4.13 At all times, the supply of complementary products will be at the sole discretion of the Vendor. We reserve the right to retract complementary Goods if you have not met or fulfilled the requirements.
4.14 All complimentary products are subject to availability and can be changed at any time by the Vendor. If such occurrence a similar product of the same value will be provided.
4.15 Any Special Offer/s or coupons that have a monetary value will be applied as store credit ONLY and will be subject to a minimum amount spent with the Vendor before using the coupon.
4.16 Only one (1) Special Offer can be used per transaction and is non-transferable.
4.17 Coupons associated with any referral promotions, will not apply to customers who share the same address. If such an occurrence the voucher code will be removed and full payment will be required prior to delivery of any item.
4.18 Only valid for 12 months from the date of issue. Special Offers will not be redeemed after the expiry date.
5.1 No fees will be applicable if the Customer decides to cancel an order prior to any Goods or Services are confirmed, or if the Goods have not been packaged for delivery, or before the Goods are dispatched to you.
5.2 No fees will be applicable to backorders if the Vendor is unable to supply the Goods within 30 days from the date on which the order is accepted pursuant to clause 4.6 above. If the Customer agrees to wait for Goods that are out of stock, the Customer’s agreement to wait for the Goods will be deemed a confirmation of such an order.
5.3 If the Customer fails to comply with clause 5.2 above, the Customer will be liable for a restocking fee equivalent to 25% of the total value of the original order. The Customer will also be liable for any loss incurred by the Vendor (including but not limited to any consequential loss, loss of profits and delivery costs).
6 SHIPPING AND HANDLING
6.1 Australia (excluding NT)
– FREE Shipping
– Estimated 1- 4 days delivery
6.2 Northern Territory (NT)
– Estimated 4 – 7 days delivery
– Shipping fee applies to all Water Coolers, Fountains and bubblers
– Shipping fee applies to all orders below $100
6.3 The Vendor will have the Goods delivered to the address specified by the Customer (refer to 4.1).
6.4 Delivery of the Goods that are ordered prior to 11:00 am will endeavor to dispatch all or part of the order within 1-3 business days of the Customer’s purchase date. The Customer will receive an email confirmation once the order is dispatched.
6.5 Subject to clause 4.7 above, if we cannot deliver a Product within 30 days from the date of the order, then the Customer will be given the opportunity to either wait for the Goods or cancel their order.
6.6 The Vendor strongly recommends that the Customer does not book any tradesmen or any other services until the Goods have been received and checked by the Customer.
6.7 When a delivery date has been arranged, the Customer must ensure that someone is available at the address to accept the delivery.
6.8 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer.
6.9 The Vendor will make all reasonable endeavours to ship your order in accordance with the estimated delivery times, however, delivery times are subject to change due to changes in the availability of stock or any other circumstances that are beyond our reasonable control. If your Product has not arrived after the estimated delivery time, please contact us.
6.10 The Customer acknowledges and accepts that delays in shipping may arise due to high demands, product availability, prior and post-Public holidays or any unforeseen circumstances.
6.11 The Vendor may use any courier company of their choice to get the Goods to the Customer in a timely manner. The Vendor takes no responsibility for delays while the Goods are in transit.
6.12 The Vendor will not be liable for any loss (including consequential loss) that the Customer may incur, whether financial or otherwise, resulting directly or indirectly from the delay or failure to meet the required delivery date and the Customer indemnifies the Vendor against any such loss (including consequential loss) that may be incurred by the Customer.
7 LOSS OR DAMAGE TO GOODS
7.1 The Customer releases the Vendor of all damage or loss of Goods once it has been dispatched and indemnifies the Vendor against any claims for all damage or loss of the Goods (including consequential damage or loss) that may result after the Goods have been dispatched.
7.2 The Customer must inspect the Goods and notify us of any discrepancies within 7 days in accordance with our Returns and Refund Policy.
7.3 In accordance with clause 7.2 above, the Customer must inspect all the Goods and satisfy itself as to its suitability prior to installation.
7.4 In the unlikely event of defects in the manufacture of the Goods, the Customer must follow the steps outlined in our Returns and Refund Policy.
7.5 The Vendor takes no responsibility for any Goods that have been damaged or stolen if delivered to an unattended property.
7.6 The Vendor will use its reasonable endeavours to ensure that all filters are packaged and properly secured for postage. The Customer acknowledges and accepts that the Vendor will not replace or issue a refund for any filter that is damaged or used.
7.7 The Customer releases the Vendor from any liability arising from any damage, loss or costs (including consequential damage, loss or costs) occasioned by the suitability of the Goods or resulting both during or after the installation of the Goods and the Customer indemnifies the Vendor against any such liability for damage, loss or costs (including consequential damage, loss or costs) that may be incurred by the Customer.
8 WARRANTY AND LIABILITY
8.1 The Vendor warrants that any Goods purchased from Vendor, conform in all material respects with its description. The Vendor further warrants that for a period of twelve (12) months from the date of purchase (Warranty period), the Goods will be of merchantable quality and be reasonably fit for the purposes for which the Goods were manufactured.
8.2 The Vendor will extend the warranty automatically, at no cost to the Customer, if all Systems purchased from the Vendor are maintained and serviced as per the recommended service intervals or as directed by the Vendor from time to time.
8.3 Subject to the following exceptions, the free Extended Warranty will be granted in accordance with the conditions listed under clause 8.12 below:
All replacement filters and maintenance Goods including filter housings must be purchased from the Vendor.
All filters and general maintenance Goods are replaced within the recommended service intervals or as directed by the Vendor from time to time.