WEBSITE – E-COMMERCE TERMS AND CONDITIONS
The use of our online ordering service (“Online Ordering Service”) is governed by these e-commerce terms and conditions (“Terms and Conditions”), together with our website terms of use (“Terms of Use”), and privacy policy (“Privacy Policy”).
The expressions "we", "us", and "our" are a reference to Ironbark Timber Pty Ltd ACN 660 607 492 (“Ironbark Timber”), except where otherwise indicated. The term “you” and “your” refers to the user of our Online Ordering Service (or the entity on whose behalf you are using our Online Ordering Service) (as the context requires).
Please carefully read these Terms and Conditions, together with our Terms of Use and our Privacy Policy, before placing an order through our Online Ordering Service. These Terms and Conditions contain important information about the ordering, delivery, and return of our products.
Your placement of an order through our Online Ordering Service indicates your acceptance of these Terms and Conditions. If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.
Application of Credit Agreement:
Where you have an approved commercial credit account with us, our credit agreement (as varied from time to time) with you (“Credit Agreement”) applies. In the event of any conflict or inconsistency between these Terms and Conditions and the Credit Agreement, the Credit Agreement prevails to the extent of the conflict or inconsistency.
General:
The content of the pages of this website are for your general information and use only.
We may amend or update these Terms and Conditions at any time by notifying you in writing or by electronic means on this website. The amendments will be effective immediately following receipt of such notice. Your continued use of this website following receipt of such notice will represent an agreement by you to be bound by these Terms and Conditions (as amended).
It is your responsibility to ensure that any products, services, or information detailed through this website meets your specific requirements.
Quotations:
Where available, you may use our ‘Request a Quote’ function to request a quotation for the supply of products listed on this website.
To use our ‘Request a Quote’ function, you will be required to add your desired products to your quotation list and complete the relevant fields required to enable us to produce a quotation, before clicking the ‘Submit Quote Request’ button.
Upon receipt of your request for a quotation, we will begin preparing your quotation as soon as reasonably practicable.
We may contact you using the details you have provided if we require further information from you in order to prepare a quotation.
Any quotation we issue is an estimate only and will not be construed as an offer or obligation to supply any products.
Unless stated otherwise, any quotation we issue:
is inclusive of goods and services tax (“GST”);
is inclusive of the costs of delivery; and
remain valid for acceptance for a period of thirty (30) days from the date of quotation, unless withdrawn earlier.
Our quotation may include additional terms or conditions which will supplement (and are intended to be read in conjunction with) these Terms and Conditions.
We reserve the right to vary, withdraw, or extend the time for acceptance in respect of any quotation we issue at any time prior to a contract being entered into.
Upon receipt of our quotation, you may place an order for the supply of the products detailed in our quotation.
Orders:
You may offer to purchase products from us by using our Online Ordering Service.
We currently only accept orders for delivery within Australia.
You are responsible for all contracts for the purchase of products entered into with us. It is your responsibility to check the details of your order before you place an order using our Online Ordering Service, and you represent to us that you are able to enter into a legally binding contract (including that the individual using our Online Ordering Service has authority to enter into contracts and place orders on your behalf), and that all information provided by you in relation to that order is complete, true, and accurate.
You are required to ensure that your contact details, billing information, and all other information in relation to your use of our Online Ordering Service or online account (where applicable) is kept up to date.
You will be liable to pay for any incorrect orders as a result of your provision of incomplete or inaccurate information or as a result of your failure to update your details.
When you submit an order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your order, along with an order reference number. If you receive an order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our agreement to sell the products the subject of your order.
Your order constitutes a revocable offer to purchase products from us. You may revoke your offer at any time before we have formally accepted your order.
Within seven (7) days of receipt of your order, we will at our discretion accept or reject your order. We reserve the right to not accept your order for any reason (and without any requirement to provide any reason).
If we have not responded to you within seven (7) days, we will be deemed to have rejected your order. If we reject your order, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
A binding contract will only come into existence if:
we accept your order in writing or by electronic means; or
we despatch the products the subject of your order.
Availability of Products:
We cannot guarantee that our products will always be available for purchase, and our stock levels may be subject to change without notice.
If we are unable to supply the products you have ordered (or any part of those products), we will notify you via telephone or e-mail as soon as reasonably practicable.
You will then be at liberty to amend, cancel, or place your order on backorder until such time as we receive the products back into stock.
We reserve the right to withdraw or suspend from sale any products displayed on this website, either temporarily or permanently, at any time, with or without notice to you.
Pricing:
Prices for products are as shown on our Online Ordering Service at the time of purchase.
Where prices are indicated on this website, the prices are subject to change without notice. All prices are in Australian dollars and are inclusive of GST.
In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia connection with the supply of products, unless otherwise specified.
In addition to the price for the products, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the quantity of the products ordered, and the address to where the products are to be delivered.
If delivery is required to be made to islands or remote areas, we will contact you to discuss delivery options and any applicable delivery charges. Should none of the options be agreeable, we will issue you a full refund as soon as practicable.
Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of products due to a typographical error by us or due to a technological issue, we may refuse or cancel any orders that are placed for products listed at an incorrect price.We reserve this right up until the time the products are despatched.
If a cancellation of this nature occurs after your credit card has been charged or where we have debited your commercial credit account, we will issue a full refund (or credit in the case of where we have debited your commercial credit account) as soon as practicable.
Payment:
Prior to placing an order, you must indicate your preferred payment method. Payment may be made by credit card (Visa and MasterCard), or by using your commercial credit account with us (where applicable). We reserve the right to change the payment methods that we accept at any time.
Where payment is made by credit card, we will be at liberty to charge a payment surcharge for applicable transactions equal to our reasonable cost of acceptance.
If the name on the credit card details you provide does not match the name on your order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing us with your credit card details, you authorise us to debit the purchase price and the applicable delivery charge(s) (if any) from such card.
Unless you have an approved commercial credit account with us, products you have ordered will not be despatched until payment has cleared. If your payment cannot be processed, your order will be cancelled, and we will notify you via e-mail.
A tax invoice will be forwarded to you at the time of payment or at the time of delivery.
Where you have an approved commercial credit account with us, you must pay for all products supplied in accordance with the payment terms we have granted to you.
Your tax invoice is your proof of purchase and may be required for any claims in respect of the products we supply.
Orders:
Cancellations:
If you wish to cancel your order before the products are despatched, we may accept your order cancellation. If the products have already been despatched for delivery, we reserve the right to refuse to cancel your order.
Upon our acceptance of cancellation or your order, we will make all reasonable attempts to contact you using the details you have provided through our Online Ordering Service. All monies will be refunded using the payment method nominated by you at the time of purchase.
Shipping and Delivery:
Products you purchase the use of our Online Ordering Service may be made available for collection or will otherwise be delivered to the address stated in your order. Please ensure this address is correct.
We agree to make every endeavour to deliver the products at the time and place agreed for delivery. You must make all arrangements necessary to take delivery of the products when we tender them for delivery.
You acknowledge and agree that:
unless our quotation provides otherwise, time in respect of delivery is not of the essence; and
any timeframe or date for delivery we advise you of is intended as an estimate only and is not a contractual commitment.
We will not in any circumstances be liable for any loss or damage you or any third party suffer or incur as a result of our failure or that of our nominated carrier to meet any estimated timeframe or date for delivery.
Delivery is deemed to occur at the time:
you or any third party on your behalf collects the products from us;
we or our nominated carrier deliver the products to delivery location stated in your order (or to such other location as agreed in writing); or
your nominated carrier takes possession of the products.
At our request, you or your duly authorised representative must sign our delivery docket or consignment note or that of our nominated carrier as confirmation that you have received the products in apparent good order and condition in the quantity or volume you have ordered.
You acknowledge and agree that:
we may deliver the products in one or more lots and reserve the right to invoice you for pro rata progress in respect thereof; and
you are not relieved from any obligation arising under these Terms and Conditions by reason of any delay in delivery, and delay in delivery will not entitle you to rescind any contract.
Risk:
Risk of loss, damage, or deterioration to the products passes to you or to your agent or to your nominated carrier upon delivery.
If you request that products ordered through our Online Ordering Service are to be delivered to any unattended location, you acknowledge that we or our nominated carrier may deliver the products as requested at your sole risk.
Retention of Title:
Until such time as you have made payment in full (in cleared funds) for any products we have supplied, and until such time as you have made payment in full (in cleared funds) of all other amounts you owe us (whether in respect of money payable under a specific contract or on any other account whatsoever):
title in the products does not pass to you and we retain the legal and equitable title in all products we have supplied which you have not yet on-sold;
you will hold the products as fiduciary and bailee for us and agree to store the goods in such a manner as to enable them to be readily identifiable as our property;
you undertake to not mix the goods with similar products;
unless and until we notify you to the contrary, you will be entitled to sell the goods in the ordinary course of your business (provided any such sale is at arm’s length and on market terms) and will sell the goods as our agent and bailee; and
you undertake to hold any proceeds derived from the sale of the goods on trust for us absolutely.
Claims and Returns:
You must, within seven (7) days of the date of delivery:
give us notice in writing, with particulars, of any claim that the products delivered are not in accordance with your order (including any claim for shortfall, incorrect supply, or damage to the products); and
at our request, provide us with photographic evidence (to our satisfaction) of any alleged damage to the products.
You must notify us in writing of any claim for non-delivery within seven (7) days of the date of the invoice which relates to the products the subject of your claim. If you fail to notify us, then, to the extent permitted by law, the products are deemed to have been delivered in good condition and in accordance with your order. For clarity, this limitation does not apply in circumstances where the contract is deemed to be a Small Business Contract or Consumer Contract for the purposes of 23(3) of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
You cannot return products to us without our prior written authorisation. To the extent permitted by law, any products that have been specifically produced or procured at your request cannot be returned in any circumstances.
We will not accept the return of any products unless:
we agree that the products were incorrectly supplied or are defective;
your returns claim refers to the invoice number corresponding to the products to be returned;
any products to be returned by freight are collected by us or our nominated carrier or we have pre-authorised any applicable charges; and
the products are in substantially the same condition to the condition in which they were delivered.
Any return (except for products we have incorrectly supplied or we agree are defective) will, in our sole discretion, incur a handling and administration charge of 20% of the purchase price of the returned products or $200, whichever is lesser. You acknowledge and agree that this fee is a genuine pre-estimate of our administration costs of processing your return.
If we authorise the return of any products, you must reimburse us for all costs we incur in connection with the return of those products (except for products we have incorrectly supplied or we agree are defective).
We do not accept any liability for, and will not be responsible for, any damage that occurs to any products in return transit.
For the removal of doubt, if we are required by law to accept the return of any products, we will accept such return in accordance with any conditions imposed on us by law.
Intellectual Property:
The Intellectual Property Rights in all products sold or supplied by us is, and will at all times remain, the sole property of Ironbark Timber.
You acknowledge and agrees that you have no rights to use our Intellectual Property Rights under these Terms and Conditions, except as expressly set out herein, unless otherwise agreed in writing.
We may, from time to time, supply images, logos, and other graphic material (“Graphic Material”) to you. The copyright in all Graphic Material is, and will at all times, remain the sole property of Ironbark Timber.
In these Terms and Conditions, the expression “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statue, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.
Product Descriptions and Fitness for Purpose:
It is a condition of sale that any description or specification given by us, detailed on this website, or contained in our printed or electronic literature is for general indicative purposes only and does not render us responsible in any way, except to the extent that the products will comply with the standards set out in such description or specification and that such description or specification will not be taken as implying or giving any undertaking as to fitness for any particular purpose.
If you require any products for a particular purpose, you must advise us of that purpose prior to placing your order and must obtain a written assurance from us that the products will meet your requirements. If you do not advise us of your requirements and we do not expressly warrant in writing that the products will be fit for your particular purpose, then you agree that you did not rely upon our skill or judgment in relation to the suitability of the products for that purpose.
Limitation of Liability:
We are not liable for any delay or failure to perform any obligation, or for loss caused to you by reason of any act of God, acts, decrees, or regulations of government authorities, casualty, fire, explosion, storm, flood, frost or snow, earthquake, embargo, industrial action, strike, lockout, civil commotion, riot, insurrection, war (whether declared or not), epidemic or pandemic, damage to or destruction of facilities, equipment or mechanical breakdown, failure of a third-party supplier or service provider, or any other cause beyond our reasonable control.
You acknowledge that other than those terms, conditions, and warranties expressed by us in writing or imposed and required to be binding by statute (including, without limitation, the Competition and Consumer Act 2010 (Cth)), which cannot lawfully be excluded, restricted or modified (each, “a Statutory Term”), all terms, conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory, or otherwise) which are not expressly set out in these Terms and Conditions are hereby excluded (other than where we have provided you with a manufacturer’s warranty against defects).
Nothing in these Terms and Conditions will be read or construed so as to purport to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying the application in relation to the supply of any products or services pursuant to these Terms and Conditions of use all or any of the provisions of the Competition and Consumer Act 2010 (Cth), or any other law which by law cannot be excluded, restricted, or modified.
In relation to the supply of products, to the fullest extent permitted by law, our liability to you for any loss, damage, or injury, whether under contract including under these Terms and Conditions, in tort (including negligence), pursuant to statute or otherwise, is limited to, at our option, the following:
the replacement of the products or the supply of equivalent products;
the repair of the products;
paying the cost of replacing the products or acquiring equivalent products; or
paying the cost of having the products repaired.
In relation to the supply of services, to the fullest extent permitted by law, our liability to you for any loss, damage, or injury, whether under contract including under these Terms and Conditions, in tort (including negligence), pursuant to statute or otherwise, is limited to, at our option, the following:
the supply of the services again; or
paying the cost of having the services supplied again.
To the extent permitted by law, in no circumstance whatsoever will we be liable to you or to any third party for any consequential loss, loss of revenue, loss of reputation, loss of goodwill, loss of profits, loss of bargain, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against you by third parties, or loss or corruption of data arising out of, or in connection with:
your use of this website; or
any products or services supplied by us through our Online Ordering Service.
General:
These Terms and Conditions will apply to every contract between us and you for products ordered via this website.
A waiver of any provision or breach of these Terms and Conditions will only be effective if made by a party in writing. If a party elects not to enforce its rights arising as a result of a breach of the contract, that will not constitute a waiver of any rights in relation to any subsequent or other breach.
If any part of these Terms and Conditions is illegal, invalid, or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from the contract and the remaining provisions will not be affected, prejudiced, or impaired by such severance.
Your use of this website and any dispute arising out of these Terms and Conditions is subject to the laws of Queensland, Australia and the law of the Commonwealth of Australia in force in Queensland.
Privacy Policy:
Please refer to our Privacy Policy to see how we collect, use, and protect your personal information. Please click here to view our Privacy Policy.
Alternatively, we can provide you with a copy of our privacy policy on request.
Website Terms of Use:
Your use of this website is governed by the Terms of Use.
Termination of Access:
Access to our Online Ordering Service may be terminated at any time by us with or without notice.