1. General
1.1 This Goodies Wastewater Supplies Dealer Ordering site at www.goodies.net.au, is an ordering and payment website where you can browse, select and order products from Goodies Wastewater Supplies (ABN 49 920 083 397).
1.2 Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
2. Compliance
2.1 You agree to be bound by, and comply with, these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
3. Terms of Use
3.1 You must not:
3.1.1 use the Site for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968(Cwlth);
3.1.2 use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other dealers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
3.1.3 make fraudulent or speculative enquiries, purchases or requests through the Site;
3.1.4 use another person's details without their permission or impersonate another person when using the Site;
3.1.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
3.1.6 tamper with or hinder the operation of the Site;
3.1.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
3.1.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
3.1.9 modify, adapt, translate or reverse engineer any portion of the Site;
3.1.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
3.1.11 reformat or frame any portion of the web page that are part of the Site;
3.1.12 create accounts by automated means or under false or fraudulent pretenses;
3.1.13 use the Site to violate the security of any computer or other network or engage in illegal conduct;
3.1.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
3.1.15 use the Site other than in accordance with these terms and conditions; or
3.1.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
4. Registration
4.1 If you register an account with us, you may not have more than one active account, and your account is non-transferable. You may update or edit your account at any time through the Site.
4.2 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
5. Placing an Order for Products
5.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
5.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
5.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
5.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
6. Acceptance or Rejection of an Order
6.1 In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
6.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
6.2.1 supply the Products in that order to you in accordance with these terms and conditions; and
6.2.2 provide you with an email confirmation of that order.
6.3 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
7. Back Orders
7.1 If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product. In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
7.2 Our Back Order Policy is incorporated into these terms and conditions. You can view our Back Order Policy.
8. Delivery of Products
8.1 We will only deliver Products ordered through the Site to a location where we provide delivery services.
8.2 Our Shipping Policy is incorporated into these terms and conditions. You can view our Shipping Policy.
8.3 Shipping fees and charges within Australia are calculated on the gross value of the order including GST (pre shipping costs). Shipping fees and charges are automatically calculated and displayed in the shopping cart.
8.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
8.5 We also recommend that you be present to accept the delivery of your order.
8.6 We may require the person accepting the delivery of your order to provide us with proof of that persons identity (including photographic identification).
8.7 If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us through our online 24/7 Dealer Service to arrange for delivery at a different time, alternatively you can contact our National Dealer Service Centre on 1300 282 181 8:00am - 5:00pm Monday to Friday AEST. We may charge you an additional delivery fee for that replacement delivery.
8.8 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order.
9. Risk and Title
9.1 Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
10. Cancelling an Order
10.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
10.1.1 the Products in that order are not available; or
10.1.2 there is an error in the price or the product description posted on the Site for the Product in that order; or
10.1.3 that we reasonably believe your order has been placed in breach of these terms and conditions.
10.2 If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
10.3 You may cancel an order (whether it is accepted by us or not) by contacting Goodies Wastewater Supplies National Dealer Service Centre on 1300 282 181 8:00am - 5:00pm Monday to Friday AEST prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with the Refunds and Returns Policy. You can view our Refunds & Returns Policy.
11. Fees and Charges
11.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order and any other fees and charges set out in these terms and conditions.
11.2 All fees and charges identified in these terms and conditions and all prices for the Products are displayed GST exclusive. GST will be charged in addition to displayed prices where applicable.
11.3 The purchase price of each Product is shown on the product list on the Site at the time you place your order.
11.4 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
11.5 If you cancel an order then:
11.5.1 we will refund any amounts paid by you for that cancelled order;
11.5.2 we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
12. Payment Methods
12.1 You may pay the fees and charges for an accepted order using the following payment methods:
12.1.1 Visa Card; or
12.1.2 MasterCard; or
12.1.3 direct deposit to bank account
12.2 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
12.3 If you choose to pay by credit card you authorise us to debit the amount that is payable for an accepted order from your nominated credit card account.
12.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
12.5 We will provide you with a Tax Invoice at time of delivery which specifies the total fees and charges for the Products in the order.
13. Damaged Products and Returns
13.1 You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Dealer Service. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.
13.2 Our Refunds & Returns Policy is incorporated into these terms and conditions. You can view our Refunds & Returns Policy.
13.3 If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Refunds & Returns Policy.
13.4 You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
13.5 We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
14. Liability
14.1 Subject to clause 14.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided as is and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
14.2 Subject to clause 14.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
14.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
14.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
14.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
15. Termination
15.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
15.1.1 the breach cannot be remedied; or
15.1.2 you fail to remedy the breach within 10 days of our notice to you of that breach; or
15.1.3 if there is an emergency.
15.2 You may stop using the Site at any time for any reason.
15.3 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
16. Changes to these Terms and Conditions
16.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
16.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
17. Privacy Policy
17.1 We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. You can view our Privacy Policy.
17.2 We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
17.2.1 for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
17.2.2 with, to and from third parties who provide services to us in relation to online shopping. These may include NAB, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
17.2.3 for other purposes to which you consent to (either express or inferred consent).
17.3 We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 17.2.
17.4 You may access your personal information, by logging into your registered account or by contacting us.
18. General
18.1 The Site may contain links to external websites that are not operated by us. These links are provided for your convenience only and:
18.1.1 we make no representations or warranties, or have any responsibility or liability for those websites; and
18.1.2 these links do not indicate, expressly or impliedly, that we endorse the site or the Products or services that are provided at those sites.
18.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
18.3 This agreement is governed by the laws of Queensland, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
19. Definitions
Delivery Address means the address specified by you during the dealer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
LoginID means the ID issued by us as part of the registration process to use the Site.
Product means each good or service that is advertised on the Site.
Tax Invoice has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
