AG WHOLESALERS Online Terms & Conditions
1.1 This AG WHOLESALERS Shopping site at agwholesalers.com.au (a "Site") is a shopping website where you can browse, select and order products advertised on the Site from AG WHOLESALERS (ABN 57154915394) ("AG WHOLESALERS", "us" or "we").
1.2 Please read these terms and conditions before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian's consent before accessing and using the Site.
1.3 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.
2 Compliance with these terms and conditions
2.1 You agree to bound by, and comply with, these terms and conditions:
(a) by completing your registration through the Site; and
(b) using the Site to obtain Products from us.
3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.
3.3 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.
4 Placing an order for Products
4.1 You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
4.2 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.
4.3 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.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5 Acceptance or rejection of an order
5.1 We reserve the right to accept or reject your order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or in your order.
5.2 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 supply the Products in that order to you in accordance with these terms and conditions.
5.3 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.
6 Restricted Products
6.1 We will advise if there is a restricted product that is unavailable to persons under the age of 18 years.
7 Minimum and maximum amounts in each order
7.1 Unless otherwise indicated on the Site:
(a) There is no minimum or maximum order, provided the item is in stock. If an ordered item is not in stock we will endeavour to contact you as soon as reasonably possible.
8 Delivery and Handling of Products & Orders
8.1 You agree to provide us with complete and accurate information that we ask you to provide to enable us to fulfill your order that we have accepted.
8.2 We will aim to deliver the items that you select. However, if an event occurs that is beyond our reasonable control, then we may not be able to do so and will not be liable to you or any other person for any such delay. In this instance, we will endeavour to provide you with notice of such delay as soon as reasonably possible.
8.2 Products are normally shipped via Australia Post or nominated Courier. Delivery can take up to 10 business days (Monday to Friday excluding Public Holidays).
8.3 We will use all reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
8.4 We offer different methods of shipping to suit your budget.
8.5 Customers in Australia:
For shipping to delivery addresses within Australia, we offer two options; Regular or Express. Charges are based on weight, size and location.
Regular shipments are sent via Australia Post Parcel Post.
The Fast method uses Australia Post Express Post.
In whichever case, the customer will be responsible for the cost of shipping and/or handling.
8.6 International Customers:
We ship our Products to most locations in the world. For International delivery addresses, we also offer two basic alternatives: Regular or Fast.
Regular Shipments are sent via Australia Post Airmail. The faster method uses Australia Post's EMS International Courier Service. Charges are based on weight, size and delivery location. Orders from International customers cannot be shipped to a Post Office Box or similar address.
International Customers should be aware and are responsible for the following:
(a) any import requirements or restrictions, licences, duties, taxes and/or government charges that may apply to the Products in your country; and
(b) any additional freight, postal or other charges that may be imposed over and above what would normally be incurred (For example, Redelivery charges (if any) if no one is available at the delivery address to accept the Products when first delivered).
8.7 Orders are usually dispatched within 3 business days of receipt of confirmation of payment of your order. From time to time some Products may run out of stock. It may take up to 30 days or more for some items not in stock to arrive, depending on when we placed our order with our suppliers and depending on our supplier having the item in stock. Under such circumstances, we can ship the "in stock" items (if any) to you first and the balance when it arrives in stock.
8.8 Lost in transit goods cannot be replaced until an investigation has been completed by Australia Post or the courier service used to deliver those goods.
8.9 You also:
(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order and, where relevant, make payment for that order; and
(b) will ensure that the person receiving any Restricted Products is over the age of 18 years or such other minimum age as prescribed by law.
9 Risk and title
9.1 Risk in the Products passes to you on the date and time of delivery to the Delivery Address.
9.2 Ownership of the Products shall remain with Ag Wholesalers until payment is received in full.
9.3 AG WHOLESALERS also does not accept responsibility for any damages, losses or liability for whatever reason arising from the following:
(a) Late delivery of an order;
(b) Cancellation of or inability to fulfill an order.
9.4 All products sent through Australia Post are automatically sent with up to $100 insurance coverage.
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:
(a) the requested Products in that order are not available; or
(b) there is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
(c) that order has been placed in breach of these terms and conditions.
If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions.
11 Fees and charges
11.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Product that is ordered;
(b) the delivery fee provided to you when placing your order ("Delivery Fee"); and
(c) 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 include GST 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.
12 Payment methods
12.1 You must pay the fees and charges online using the online payment methods in clauses 12.2 only.
12.2 We accept the following credit cards:
(i) Visa; Visa Debit
(ii) MasterCard; MasterCard Debit
(iii) American Express; and
(iv) Diners Club.
12.3 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
12.4 You authorise AG WHOLESALERS to debit the amount that is payable for an accepted order from your nominated credit card if you use a credit card to pay for the fees and charges.
12.5 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
12.6 We will provide you with a receipt at time of ordering which specifies the total fees and charges for the Products in the order.
12.7 If you wish to use direct deposit to pay the fees and charges for the order that has been accepted by us, then you must contact our Customer Service by email sales @ agwholesalers.com.au and include the details of the order, the date deposited, the amount deposited, the invoice number and the email address of your account. This is to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment, you must allow at least 48 hours for confirmation of your payment.
12.8 We will accept payments by cheque, however we will only fulfill that order when the cheque is cleared by our bank. Please ensure that your email address or mobile phone number and your name as you provided upon registering is clearly written on the back of the cheque, and mail your cheque to:
Attn: Accounts Receivable
PO BOX 13
Greenmount 4359 Qld
Once you have posted the cheque to us, please email email@example.com and include the details of the order, the date the cheque was sent, the drawer of the cheque, the invoice number and the email address of your account to enable us to identify your order. The funds will be applied to your order that we have accepted within 10 days from the date we receive your cheque.
12.12 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may:
(a) notify you of that cancellation and provide you with the option to pay the fees and charges for that order by other means; or
(b) cancel your order.
13 Missing items in delivery
13.1 You acknowledge that a Product that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Product.
13.2 Lost in transit goods cannot be replaced until an investigation has been completed by Australia Post or the courier service used to deliver those goods.
14 Refunds, Returns & Warranties
14.1 In the event that a refund is issued, it will be paid by the same means as you paid. Overseas customers will be refunded back your credit card. Refunds can take up to 14 days to process.
14.2 A refund will not be given if you change your mind about the purchase or find the item/s at a lower price elsewhere.
14.3 If you wish to return a Product that was provided to you under these terms and conditions, then you may choose one of the following:
(a) Goods that are returned within 30 days from the invoice date;
If you return faulty goods to us, and we receive them within 30 days from the invoice date, we will repair the goods. If they are unrepairable, we will replace the goods for you free of charge (or, if you choose, provide you with a refund) provided that:
You include with your goods a copy of your original invoice, if you fail to do so, then we may reject or deny your claim;
The goods are in their original packaging, including instruction manuals and all accessories.
(b) Goods returned more than 30 days from the invoice date;
If you return faulty goods to us, and we receive them more than 30 days after the date of your invoice, then we will send the goods to a manufacturer-accredited repair centre for assessment. If the goods are faulty, we will arrange for them to be repaired or replaced by the manufacturer.
Repair turnaround time is dependent on the relevant manufacturer's current workload. We CANNOT GUARANTEE repair turnaround times and will not accept any claims for losses you suffer during this time.
14.4 Unless otherwise stated, all items on this Site carry a 6 month warranty from date of Invoice.
14.5 Postage on warranty returns to AG WHOLESALERS is to be paid for by you, AG WHOLESALERS will pay the redelivery freight on warranty items.
15 Your general obligations
(a) must ensure that your LoginID and password that is used to access the Site and the details of your account is kept in a safe and secure manner;
(b) must notify us through our Customer Service line on 07 429 0164 during Contact Hours if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
(c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(d) must provide us with your date of birth to place an order for a Restricted or where relevant law requires us to obtain or verify your date of birth before we agree to supply that Product to you;
(e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
(g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site.
16 General restrictions
You must not:
(a) 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;
(b) 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 customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) make fraudulent or speculative enquiries, purchases or requests through the Site;
(d) use another person's details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) tamper with or hinder the operation of the Site;
(g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
(h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(i) modify, adapt, translate or reverse engineer any portion of the Site;
(j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
17 Suspension of account
17.1 We may:
(a) lock, suspend or delete your account or access to the Site at any time without prior notice to you; or
(b) cease providing the Site or any other product or service that may be available through the Site at any time.
17.2 If we lock, suspend or delete your account under clause 17.1(a), then we will refund all credits that you are entitled to receive under these terms and conditions by direct deposit to your nominated account once we have conducted all our verification and other relevant checks.
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Products at the Delivery Address is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
19.1 Subject to clause 19.3, 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.
19.2 Subject to clause 19.3, 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.
19.3 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 one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: 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.
19.4 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.
19.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
20.1 We may terminate this agreement for convenience at any time on notice to you. Without qualifying the foregoing, 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:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.
20.2 You may stop using the Site at any time and for any reason.
20.3 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 is no longer available or we are prevented from supplying the Products, in which case, we will notify you and valid payments will be returned in accordance with these terms and conditions.
22 Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the "Materials") are owned by or licensed to us;
(b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
(c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.
22.2 You may:
(a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
(b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.
22.3 This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner's consent.
23 Changes to these terms and conditions
We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. By continuing to use the Site after these terms and conditions have been modified, you agree to be bound by the changes to these terms and conditions. If you have an 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.
24.1 The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.
24.2 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.
Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means Customer Service operating hours, Monday to Friday 10.00 am to 4.00 pm EST, excluding Public Holidays.
Delivery Address means the address specified by you during the customer 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 email address that you provided to us as part of the registration process to use the Site.
Product means each good or service that is advertised on the Site.
All prices are in AUD