The following definitions shall apply throughout unless otherwise stated:-
* "Builders Buying Club": buildersbuyingclub.com
* "Terms": Terms & conditions
* "web site": buildersbuyingclub.com and any related linked pages or domains
* "Eight Clicks High Pty Ltd": Eight Clicks High Pty Ltd ABN 33160060757 ACN 160060757
These Terms govern your use of the buildersbuyingclub.com web site. Your use of this web site will mean you accept these Terms.
Intellectual Property Rights
The material contained on this web site is protected by copyright. You may use this web site only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this web site, or create any other material using material on this web site, without obtaining the prior written consent of Eight Clicks High Pty Ltd.
Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of Eight Clicks High Pty Ltd.
The web site, products, technology and processes contained in this web site may be the subject of other intellectual property rights owned by Eight Clicks High Pty Ltd or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this web site must not in any way infringe the intellectual property rights of any person.
These are the terms and conditions upon which the Seller (as named in section 1.1(p)(i) below) or any Person acting as agent for Seller sells and quotes for the sale of goods.
When using the buildersbuyingclub.com Web site (the "Site") and services (the "Services"), you agree to the terms and conditions listed on this page (the "Terms & Conditions"), which may be updated by us from time to time. buildersbuyingclub.com reserves the right to modify or terminate the Services, at our discretion, without notice and without liability to you or any other user or third party. Your use of this Web site constitutes your acceptance of these terms & conditions.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions, unless the context otherwise requires:
(a) "Application" in relation to a Buyer means the Buyer which refers to these terms and conditions.
(b) "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State Fair Trading legislation.
(c) "Buyer" means the Person named in the relevant Sales Invoice.
(d) "Business Day" means a day other than a weekend or public holiday in the place which the goods are delivered.
(e) "Consumer" means:
(i) a person acquiring goods of a kind ordinarily acquired for personal, domestic, trades work or household use or consumption; or
(ii) a person acquiring goods at a price not exceeding $100,000; or
(iii) the goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads,
(f) "Excluded Loss" means:
(i) in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and
(ii) in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract - indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.
(g) "Exclusive Goods" means any goods which are, at the Buyer's request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Buyer.
(h) "GST" means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
(i) "GST Amount" means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
(j) "GST Law" has the meaning given to that term in A New Tax System (Goods and Services) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(k) "Payment" means any amount payable under or in connection with a Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
(l) "Person" includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(m) "PPSA" means Personal Property Securities Act 2009 (Cth)
(n) "Price" means the price for the goods set out in the relevant Sales Invoice. The Price is exclusive of GST unless the goods are GST exempt.
(o) "Sales Invoice" means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.
(p) "Seller" in relation to any Sales Invoice means:
(i) except as set out in (ii) below, EIGHT CLICKS HIGH ABN 33 160 060 757 (“Builders Buying Club”);
(ii) if in a Sales Invoice a company referred to in (i) above is expressed to be acting as agent for a Person named in the Sales Invoice then the Seller is that Person and the Buyer acknowledges that the Seller as named above acts only as the agent of that Person.
(q) "Tax Invoice" has the meaning given to that term by the GST Law.
(r) "Taxable Supply" has the meaning given to that term by the GST Law.
(a) Any special conditions specified on a Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.
(b) Words importing the singular shall include the plural (and vice versa).
(c) If any provision of these terms and conditions is invalid and does not go to the essence of this agreement, these terms and conditions should be read as if that provision has been severed.
2. Governing terms and conditions
These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute such as the Competition and Consumer Act 2010 (Cth) and which cannot be excluded. Any direction by the Buyer either verbal, written or submitted online via the Builders Buying Club website to procure goods or services from the Seller will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any purchase order issued by the Buyer.
(a) Provision of aerosol cans, scheduled dangerous goods or similar products. If the order includes aerosol cans, scheduled dangerous goods or similar products in respect of which the law prescribes a minimum age to purchase, you must ensure that a person eighteen (18) years of age or over (or such other minimum age as is prescribed by the law) is available to accept these goods.
(b) In accordance with clause 3(a), you must be eighteen (18) years of age or over (or such other minimum age as is required to conform to clause 3(a)) to register with the website or purchase products from the website.
(c) Any purchase made by you using this website is an acknowledgment by you that you are eighteen (18) years of age or over, or of an age as is required to conform to clause 3(a). Builders Buying Club reserves the right to request proof of age at any time and may withhold supply in its absolute discretion if it reasonably forms the view that there is a risk of supply to a minor.
(d) Builders Buying Club reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Builders Buying Club may suffer as a result of a transaction entered into by a minor.
4. Terms of payment
The Buyer must pay for goods to be delivered in accordance with one of the payment methods offered on the Seller’s website. The Seller does not currently offer extended payment terms for sales made on the website, and therefore payment must be made at the time of on-line checkout.
5. Inspection and acceptance
The Buyer shall inspect all goods upon delivery and shall within two (2) Business Days of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer's order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.
6.1 Return of goods (other than in situations where the Seller is required to accept a return of goods under the Australian Consumer Law, or when it is claimed that goods have been delivered in a damaged condition for which see clause 13 (h) below) must be approved by the Seller named in the relevant Sales Invoice. These authorised returns must be freight prepaid and will only be accepted if they are in a saleable condition and (unless otherwise agreed with the Seller) the goods are returned within 9 days of when the Seller has approved the return. The Seller reserves the right to charge a restocking fee of $10 for goods returned with a value less than or equal to $100 or 10% of the value for goods returned if their value is over $100. The Seller will not accept the return of goods specifically purchased, manufactured, machined or cut to size or to the Buyer's specification other than in situations where the Seller is required to accept a return of such goods under the Australian Consumer Law. Additionally:
a. The Buyer must notify the Seller by mail (PO Box 926, Avalon Beach, NSW, 2107, Australia) within 2 business days of receiving delivery of the order.
b. The Buyer returns the product/s at its own expense (including insurance as appropriate, and compliance with transport regulations for goods such as ones classified as Dangerous Goods) to the address specified by the Seller within 9 days of when the Seller responds & agrees to the Buyer’s request. Note that the Seller may be able to help the Buyer organise return delivery of the goods.
c. The item/s are not opened, used, or damaged, and are in 100% re-saleable condition when the Seller receives them back.
d. No items are returned with writing or stickers on the original packaging. The Buyer must put all markings for return postage on the outer postal packaging.
e. The product is not a perishable product, or, is not a product from Builders Buying Club oil and grease categories.
6.2 Unless otherwise agreed by us in its absolute discretion, all Products are sold on a no return for credit basis, unless • Subject to this clause , the Products are received in a damaged state; or • Subject to the requirements of clause 3.4, the Products are supplied in the incorrect quantity; • incorrect Products are supplied to You; or • the Products are faulty.
6.3 If the Product delivered is not what you ordered (including any replacement Products), or does not correspond with its description or the Product delivered is not of a satisfactory quality, we will, at our option, deliver to you a replacement Product or refund to you the price paid.
6.4 In the event that we agree to the return of the Products for credit, You will be notified of the appropriate procedure to be complied with to return the Products.
6.5 If You are entitled to a refund from us, we will pay as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the Products to us at your risk. While in your possession, you must keep any Products you intend to return to us in good condition.
The parties agree that:
(a) the Price is exclusive of GST;
(b) all other Payments have been calculated without regard to GST;
(c) each party will comply with its obligations under the Competition and Consumer Act 2010 (Cth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;
(d) if the whole or any part of any Payment is the consideration for a Taxable Supply for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.
(e) any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.
8. Passing of property and risk
(a) Goods supplied by a Seller to the Buyer shall be at the Buyer's risk immediately upon delivery to the Buyer, into the Buyer's custody or at the Buyer's direction (whichever happens first). The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice (if the Sales Invoice remains unpaid) on the insurance policy and shall produce a certificate to this effect to that Seller upon request.
(b) Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.
(c) Until the goods have been paid for in full:
(i) the Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and
(ii) the Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.
(d) The Buyer irrevocably authorises each Seller at any time to enter onto any premises upon which:
(i) the Seller's goods are stored to enable the Seller to:- inspect the goods; and/or - if the Buyer has breached these terms and conditions, reclaim the goods;
(ii) the Buyer's records pertaining to the goods are held to inspect and copy such records.
(e) The Buyer and each Seller agree that the provisions of this clause apply notwithstanding any arrangement under which that Seller grants credit to the Buyer.
(f) Each party consents to the other perfecting any security interest under this agreement which arises by operation of the PPSA in any property by registration under the PPSA and agrees to do anything reasonably requested by the other party to enable it to do so.
(g) The parties contract out of each provision of the PPSA which, under section 115(1) of that Act, they are permitted to contract out of, other than:
(i) sections 117 and 118 (relationship with land laws); and
(ii) sections 134(1) and 135 (retention of collateral).
(h) Each party waives its right to receive each notice which, under section 157(3) of the PPSA, it is permitted to waive.
(i) Each party waives its rights to receive anything from any other party under section 275 of the PPSA and agrees not to make any request of any other party under that section.
Each Seller reserves the right to suspend or discontinue the supply of goods to the Buyer on reasonable grounds without being obliged to give any reason for its action.
10. Part deliveries
Each Seller reserves the right to make part deliveries of any order, and each part delivery shall constitute a separate sale of goods upon these terms and conditions. A part delivery of an order shall not invalidate the balance of an order.
A Seller's Sale Invoice is made on a supply only basis. Installation and commissioning (if any) is at the expense of the Buyer unless otherwise specified in writing by the relevant Seller.
12. Dimensions, performance data and other descriptive details
(a) Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or provided online at Builders Buying Club website, or given in descriptive literature or a catalogue approximate the goods offered but may be subject to alteration by the manufacturer or supplier without notice.
(b) To the extent permitted by statute, any performance data provided by the Seller, a supplier or a manufacturer is an estimate only and should be construed accordingly.
(c) Unless agreed to the contrary in writing, each Seller reserves the right to supply an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary.
13. Shipment and delivery
(a) Upon acceptance of an order by a Seller that Seller will seek confirmation of the period of shipment or delivery. If any variation has occurred in the quoted period, that Seller will notify the Buyer. Unless the Buyer objects at the time of that notification, the period of shipment or delivery notified to the Buyer will be the contractual period for shipment or delivery.
(b) A delivery charge will apply to all deliveries with the exception of back order deliveries which are part of an original order that has been partly fulfilled. The delivery charge will be clearly advised as the order is prepared and before payment is sought.
(c) Delivery times are as follows:
(i) For orders where the combined weight of goods supplied is less than 50 kilograms:
Estimated Delivery Time (business days)
Melbourne, Brisbane, Canberra
Regional Qld, Vic, ACT
Regional SA and TAS
Regional NT and WA
In this table Remote Areas are those areas in the Whitsunday region, remote Northern Territory region, or any delivery that involves a Remote Delivery as defined below.
A “Remote Delivery” is any delivery to a location on mainland Australia or to Australian islands that may involve co-ordination of another transport method in addition to that provided by our third party delivery contractor, such as a local barge, air service, courier or train service.
(ii) For orders where the combined weight of the goods supplied is greater than 50 kilograms or the goods to be supplied are of an awkward shape and size (eg, ladders) or the delivery of the goods will require a Remote Delivery, then a Customer Service representative will contact you to organise delivery if delivery times will be longer than those quoted above in clause 13(c)(i)
(d) The delivery address must be an address within Australia and cannot be a freight forwarding location or a PO Box.
(e) Anyone at the delivery address (or upon collection) who receives the goods from Builders Buying Club third party delivery contractor shall be presumed by Builders Buying Club to be authorised to receive the goods and must sign a receipt acknowledging receipt of the goods. Builders Buying Club third party delivery contractor may request that the person who receives the goods at the delivery address (or upon collection) provide satisfactory evidence of proof of age and / or identity, and, may refuse to deliver the Goods if the person receiving the goods is unable or unwilling to provide such evidence.
(f) The Buyer may nominate to have the goods delivered to their nominated address even if the Buyer or an authorised recipient is not present to sign an acknowledgement of receipt of the goods. The Buyer can request this service during the checkout process by selecting the “Authority to Leave” option and specifying instructions as to the location in which to leave the goods at the delivery address if the delivery address is unattended. All goods left under this provision are left at the risk of the Buyer; and once left at the delivery address, to the extent permitted by law, and except as otherwise required by the Australian Consumer Law, Eight Clicks High (Scewbox) does not bear any responsibility or liability for loss of or damage to goods, and the Buyer indemnifies Eight Clicks High (Builders Buying Club) against all loss or damage which Eight Clicks High (Builders Buying Club) may suffer or incur in connection with the Buyer’s exercise of the “Authority to Leave” option.
(g) If there is no one at the delivery address or no one of appropriate age to receive and sign for the receipt of the delivered goods, and the Buyer did not select “Authority to Leave” when placing the order, then the order will not be left at the delivery address. The Seller’s third party delivery contractor or the Seller’s Customer Service team will endeavour to contact the Buyer to organise another delivery attempt and may charge an additional delivery fee. If the goods have to be returned to the Seller because they could not be delivered despite a second further attempt to do so, then the Buyer may be charged a restocking fee.
(h) If the Buyer receives any goods in a damaged condition then they must notify the Seller within 2 business days of receiving the goods. The Seller must also provide photographs of the packaging when the delivery arrives and of the individual products that are damaged as soon as they are discovered damaged upon opening the packaging. The Seller will indicate the address to which the product with its original packaging should be returned. Once the Seller has viewed the damage, and it is determined that the item/s were damaged in transit, the Seller will replace the product at no additional cost and refund the cost of sending the product back to the Seller. The process of assessing a damaged goods claim may take up to 3 business days to be completed once the Seller has received the goods.
(i) Whilst Builders Buying Club will make all reasonable endeavours to deliver goods as per the schedule above, to the extent permitted by law, and except as otherwise required by the Australian Consumer Law, Builders Buying Club does not warrant the delivery of goods on time and Builders Buying Club does not accept responsibility or liability for delivery failures or delays by our third party delivery contractors.
14. Packaging and labelling of goods
Builders Buying Club aims to include on its website up-to-date pictures of goods. At times, the picture of the goods on the website may differ from the goods actually supplied to you. To the extent permitted by law, and except as otherwise required by the Australian Consumer Law, GotStock does not warrant the accuracy of the information contained on the website and recommends that you read the labels on goods received carefully before using the goods.
15. Out of stocks and substitution
Builders Buying Club will not provide rainchecks in respect of goods ordered by you. If an item that is ordered is subsequently found to be out of stock, then Customer Service will contact you and you will be invited to select a substitution option in respect of goods which are out of stock, or, if this is not satisfactory, to receive a refund on the goods ordered but out of stock. Builders Buying Club will use its best endeavours to ensure that all goods ordered by you (and any agreed substitutes) are supplied to you. Builders Buying Club reserves the right to limit the sale of goods to reasonable commercial quantities typically sought by a small-to-medium sized organisation. Substitute items are charged at the lower of the original or the substitute price.
16. Manufacturers' changes
Where a Seller is acting as agent for a manufacturer or supplier, to the extent permitted by statute, the Seller shall not be liable for any alteration or variation in the goods made by this manufacturer or the supplier.
Where goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Buyer's order and the date of payment by the relevant Seller will be to the Buyer's account.
Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Sales Invoice but which is subsequently levied upon a Seller in relation to a Sales Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Buyer's account.
19. CHARGES BEYOND POINT OF DELIVERY QUOTED
Unless otherwise agreed in writing, if a Seller prepays freight, insurance, custom and import duties (if any), landing and delivery charges and all other charges in connection with shipment and delivery of the goods, then any such charges shall be to the Buyer's account. Each Seller reserves the right to nominate the means of delivery.
20. FORCE MAJEURE
If the performance or observance of any obligations of any Seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
21. DEFAULT OF BUYER
If these terms and conditions are not strictly observed by the Buyer, the Seller may in its absolute discretion, refuse to supply to the Buyer and the Seller shall not be liable to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal. The costs of collection of any moneys are due and payable by the Buyer, including the fees of any mercantile agent or lawyer engaged by the Seller.
22. BUYER'S CANCELLATION
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing via post from the Buyer to the Seller with which the order has been placed not later than 2 hours after making the order or before 3pm on the day of the order (whichever is earlier). If an order has been cancelled by the Buyer before it has been picked up for delivery then the Seller may, in its discretion, choose not to treat the order as a Return and may choose to waive any restocking fee.
23. WARRANTY AND LIABILITY OF SELLER
(a) The Seller makes no express warranties under this Agreement. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to the Buyer in relation to goods supplied to the Buyer. The Buyer must address issues relating to a manufacturer's warranty with the manufacturer on the terms of that warranty.
(b) Buyer shall immediately notify the Seller in writing via email of any defect in the goods supplied by the Seller. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of that Seller to do so. The provisions of this clause 23(b) do not constitute a warranty in relation to the quality or fitness of the goods, or require the Seller to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
(c) The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in this Agreement and the Australian Consumer Law, the Seller makes no warranties or other representations under this Agreement. The Seller's liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
(d) Without limiting clause 23(c), where the Seller sells goods to the Buyer, and the Buyer purchases them as a Consumer, then the Australian Consumer Law provides certain guarantees in relation to the goods. The rights of the Buyer buying goods as a Consumer include those set out in clause 23(e) below.
(e) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or 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.
(f) To the extent permitted by statute, the liability, if any, of the Seller arising from the breach of any implied conditions or warranties, or failure to comply with a statutory guarantee under the Australian Consumer Law, in relation to the supply of goods other than goods of a kind ordinarily acquired for personal, domestic or household use or consumption, shall at the Seller's option be limited to:
(i) the replacement of the goods or resupply of the goods by the Seller, or the cost of replacement or resupply of the goods; or
(ii) the repair of the goods, or the cost of repair of the goods.
(g) Subject to clause 23(c), the Seller shall not in any circumstances be liable to the Buyer under or in connection with this Agreement, or in negligence or any other tort or otherwise howsoever, as a result of any act or omission in the course of or in connection with the performance of this Agreement, for or in respect of any Excluded Loss.
(h) The Seller makes no express warranties in relation to the suitability for any purpose of goods or materials supplied by a Seller.
(i) To the extent permitted by statute, all warranties, conditions and guarantees (whether express, implied or applied, and whether given by the Seller, the manufacturer or a third party) and any obligation of the Seller to repair or replace any goods are void in respect of any goods which the Buyer tampers with or alters.
24. ALTERATION TO CONDITIONS
A Seller may, at any time and from time to time, alter these terms and conditions. Any variation to these standard terms and conditions will not apply to any contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variation.
25. VIENNA SALES CONVENTION
To the fullest extent permitted by law, the United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) known as the Vienna Sales Convention does not apply to the contract comprised by these terms and conditions nor do any of the terms and conditions express or implied by the Vienna Sales Convention form part of the contract.
26. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of New South Wales and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of New South Wales.
27. MODIFICATIONS TO WEBSITE
27.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
28. NATURE OF OUR WEBSITE
28.1 Our website is a place for you to select and order Builders Buying Club products (the ‘Products’). Our website describes the Products in more detail.
28.2 Please note that the contents of our website are aimed at users aged 18 and above, using the payment method displayed on our Website.
29. BUYING PRODUCTS ON OUR WEBSITE
29.1 To order a Product you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products, and the procedures for payment and delivery are displayed on our website.
29.2 You acknowledge and agree that we do not warrant or represent that the descriptions of any Products or other Content on our Website is accurate, complete, or current. In addition, specifications of Products anywhere on our Website are given to identify the Products generally and do not form part of the description of the Products. The description of the Products on our delivery slip or receipt shall prevail over the description on our Website or on any other publication.
29.3 The only way to order Products with us is via our Website using the electronic order form (“the Order Form”). Please follow the prompts on our Website to place Your order. We reserve the right, in our sole discretion, not to accept an order or to cancel an order for Products placed by You. Supply of the Products constitutes acceptance by us of Your order.
29.4 You must order the minimum quantity (or multiples thereof) of Products shown on the price list current at the order date. We shall use every reasonable endeavour to satisfy Your order in accordance with the details on the Order Form completed by You. If this is not possible, we reserve the right to supply a quantity as near as possible to that requested by You on the Order Form.
29.6 By shopping on our Website, You are responsible for maintaining the confidentiality of Your Account and Your Password, and You agree to accept responsibility for all activities that occur using Your Account or Your Password. You may do this by restricting access to Your computer and, if You use a shared computer, exiting correctly from our Website.
29.7 If You are under 18 years of age, You may use our Website and purchase Products only with the supervision of a parent, guardian or other adult person. If You are under 18 years of age, and are found to be using the Website in breach of our policy, we reserve the right, in our sole discretion, among other things, refuse to accept an order or cancel an order for Products placed by You or terminate Your Account.
29.8 You must pay by credit or debit card at the time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
29.9 We are entitled to refuse any order placed by you. You will receive an initial confirmatory e-mail acknowledging receipt of your order. If your order is accepted, we will confirm acceptance to you by e-mail (‘Confirmation’) to the e-mail address you have given us [on registration or] on ordering or by delivery of the Products ordered, whichever is the earlier. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 14 working days.
29.10 You undertake that all details You provide to us for the purpose of purchasing Products which may be offered by us on our website will be correct, that the credit or debit card, or any electronic cash, which You use is your own and that there are sufficient funds or credit facilities to cover the cost of any ordered Products. We reserve the right to obtain validation of your credit or debit card details before accepting your order.
29.11 You will be charged for any Products ordered, at the prices shown on the price list current at the date of placing the order. We are not bound by, nor responsible for any typographical errors in the current price list or any other documents published by us on our Website.
29.12 The prices advertised in the price lists, or in any other documents on the Website, apply only to orders placed via the Order Form. Price lists, products and product availability are subject to change without notice.
29.12 Any special prices, discounts, deals or other changes in price shall apply to the relevant products only for as long as the products remain available for sale or for the duration of the promotion and we reserve the right to limit sales of any products.
29.14 All documents issued by us and posted on our Website, including price lists, are in Australian currency unless otherwise expressly stated. All payments by You to us must be made in Australian currency unless otherwise specifically agreed.
30.1 If you are purchasing Products for delivery outside of Australia you will be responsible for any import and export charges; and at your own risk obtain any import and export licences and other official authorisation or documents, obtain all customs formalities necessary for the import or export of the Products and comply with all local laws and regulations.
31. RISK AND TITLE
31.1 Ownership of the Products shall remain with us and we reserve the right to dispose of the Products until such time as payment in full is made for all amounts owing by You to us. The risk in the Products purchased will, unless otherwise agreed by us in writing, pass to You upon delivery to a carrier commissioned by us to deliver the Products.
32. INFORMATION YOU PROVIDE
32.1 Any information you provide to us, for example during any registration or ordering process, shall be referred to in these terms and conditions as ‘Personal Information’.
32.3 If you would like to review or modify any part of your Personal Information then you should write to Builders Buying Club admin PO Box 926, Avalon Beach, NSW 2107, Australia
33. MEMBERS REFUND
33.1 Members are entitled to a refund if they have purchased at least 1 item from buildersbuyingclub.com over the course of the relevant refund period.
33.2 Members foundation points expire 31 December 2018. All other points earned expire 90 days after their earned date of purchase..
33.3 Refund payments are summed quarterly and sent to members account 'default billing address' by the second week of the following BAS quarter. Namely, refund payments for BAS Quarter 1 (July to September) are sent out by the 14th of October, for BAS Quarter 2 (October to December) are sent out by the 14th of January, BAS Quarter 3 (January to March) are sent out by the 14th of April, BAS Quarter 4 (April to June) are sent out by the 14th of July.
33.4 Membership fee refund will only be guaranteed to be paid back in full if a minimum of five (5) transactions have been made over the membership period.
33.5 'Guaranteed 100% Membership fee refund' refers to if the member has not achieved a refund of equivalent to or greater than the membership fee that they paid over the relevant membership period then they will receive a cash refund equivalent to their membership fee minus any refunds that they received to date. This payment will be aligned to the quarterly BAS payment dates and paid via cheque as per outlined in 33.3.
33.6 Bonus payments will be at the discretion of the buildersbuyingclub.com managment team will be paid with the Quarter 2 (by 14th of January) and Quarter 4 (by 14th of July) payments.
33.7 Additional refund can be aquired through selecting "next day Sydney non member" on the payment page or "Builders Buying Club weekly membership fee" on the home page. In both cases the member will receive 75% of the value as a direct refund to their quarterly refund cheque. The remaining 25% will go back to the total membership to reduce overall total membership overheads and therefore benefit the entire membership refund.
34.1 We may assign, novate or subcontract any or all of our rights and obligations under these Conditions at any time.
34.2 We may alter these Conditions from time to time and post the new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the website regularly.
34.3 These Conditions together with any order form and payment method instructions, if any, are the whole agreement between You and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, order form and payment method instructions.
34.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
34.5 We shall use our best endeavours to quickly and effectively resolve any dispute arising in relation to Your visit to buildersbuyingclub.com, any Products purchased via buildersbuyingclub.com or these Conditions. In the event of a failure to resolve any such dispute, the dispute shall be governed by and dealt with under the laws of New South Wales, Australia and You and us submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales, Australia.
34.6 Neither You nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
34.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
34.8 buildersbuyingclub.com is a brand 100% owned and operated by Eight Clicks High Pty Ltd ABN 33160060757, PO BOx 926 Avalon Beach, 2107 NSW
35 PERMITTED USE
35.1 You are only authorized to view and to retain a copy of pages of this Site for your own personal use whilst visiting the Site and/or shopping at buildersbuyingclub.com. You may not duplicate, publish, modify or otherwise distribute the content on this Site, without our written consent. All content on the buildersbuyingclub.com Web site is the property of buildersbuyingclub.com and is the protected by Australian and international copyright laws. Nothing on this Site or on any other buildersbuyingclub.com Site, will be construed as conferring any licence or other rights to use or exploit the intellectual property or other proprietary rights of buildersbuyingclub.com, its parent or subsidiaries, affiliates or other third parties.
36 LINKS AND SEARCH RESULTS
36.1 When using search functions on the buildersbuyingclub.com Web site, search results may be automatically produced that reference sites and information located worldwide throughout the Internet. buildersbuyingclub.com has no control over these sites or the content within them. buildersbuyingclub.com does not guarantee, represent or warrant that the content contained in the sites is accurate, current, legal and/or inoffensive. buildersbuyingclub.com does not endorse the content of any third party site. buildersbuyingclub.com cannot warrant that those sites will not contain viruses or contain content that may affect your computer. By using the Site to search for or link to another site, you agree that buildersbuyingclub.com is not liable and accepts no responsibility for any damages or losses of any kind.
38 DISCLAIMER OF WARRANTIES
38.1 buildersbuyingclub.com does not guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. buildersbuyingclub.com does not and cannot guarantee that your search results will be complete or accurate or that the links associated with the index will be accurate or active at the time of your search. buildersbuyingclub.com can not ensure that files you download from the Site will be free of viruses or contamination or destructive features. To the fullest extent permitted by law, buildersbuyingclub.com disclaims all representations and warranties (express, implied, statutory or otherwise) including, without limitation, the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights.
39 LIMITATION OF LIABILITY
39.1 To the full extent permitted by law, neither buildersbuyingclub.com or any of its content providers shall be liable to you (or any third party making claims through you) for any direct or indirect loss or damage of any kind resulting from the use of or the inability to use buildersbuyingclub.com' services, any goods or services purchased or obtained from buildersbuyingclub.com, the loss of, unauthorized access to or alteration of Your Contributions or, where applicable, the cost of procuring substitute goods and services.
40 INDEMNITY AND RELEASE
40.1 You acknowledge that you are personally responsible for your behavior while on the Site, and agree to indemnify buildersbuyingclub.com and its officers, directors, employees, consultants and agents, to the full extent permitted by law, from and against any loss, damage, liability, cost or expense of any kind that buildersbuyingclub.com may incur in connection with a third party claim or otherwise, in relation to your use of the Site.
41 BREACH OF TERMS
41.1 If a user breaches any of these terms & conditions, and buildersbuyingclub.com has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of buildersbuyingclub.com’ legal rights. buildersbuyingclub.com reserves the right to terminate user’s access to and use of the Web site, where a user breaches any of these Terms & Conditions. In addition, buildersbuyingclub.com may remove any content comprising Your Contribution which is unauthorized or otherwise in breach of these terms.
42 GOVERNING LAW
42.1 Unless expressly stated to the contrary, these Terms & Conditions and the Services offered by buildersbuyingclub.com are governed by the laws of New South Wales, Australia. The user consents to the exclusive jurisdiction of New South Wales courts regarding any disputes that may arise in connection with these Terms & Conditions or the Site and Services. These Terms & Conditions constitute the entire agreement between buildersbuyingclub.com and the user in relation to the use of the buildersbuyingclub.com Web site.