TERMS AND CONDITIONS
2) RETURNS POLICY (Only For Products That Are Non-Consumable)
TERMS AND CONDITIONS OF SALES AND SERVICES
These Terms and Conditions and any document(s) referred to in them constitute the entire agreement about LubesOnline supply of the Products and Services to the Customer and supersedes all prior understandings, arrangements, representations and agreements.
1. Definitions
In these Terms and Conditions:
"Customer" means the person, business, company or other legal entity that is the purchaser of the Products and Services;
"LubesOnline " means W & A Willmington Pty Limited T/As LubesOnline (ABN xx xxx xxx xxx).
2. Orders
LubesOnline may reject any order placed by the Customer if there is an insufficient supply of Products which prevents LubesOnline from being able to fulfil such order.
LubesOnline will not be bound by any terms and conditions attaching to the Customer's order and, unless those terms and conditions are expressly agreed in writing by an authorised representative of LubesOnline, the Customer agrees that those terms and conditions are excluded.
3. Delivery
The delivery times made known to the Customer are estimates only and LubesOnline will not be liable for late delivery or non-delivery. Under no circumstances will LubesOnline be liable for any loss, damage or delay suffered or incurred by the Customer or its customers arising from late or non-delivery of products that are lost in transit without having a tracking, receipt number or an signed form originating from an approved LubesOnline delivery accepted standard, e.g. (Product pickup by customers owned courier etc). Products that do not arrive to the customer after a period of 14 days, that a LubesOnline delivery provider has been involved with, only can claim another product delivery or refund of monies to the value ONLY to the original product price paid, plus shipping conponent charged when first ordered.
4. Inspection and acceptance of products
The Customer must inspect all Products upon pickup from LubesOnline or delivery to the Customer's premises. Unless the Customer notifies LubesOnline of any matter by which the Customer alleges that the Products are not in accordance with the Customer's order on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in the exact condition and in accordance with the sales Contract. The Customer shall not be entitled to withhold payment of all or any of the Price of the Products whilst any claim is being investigated by LubesOnline .
5. Title and risk
Products supplied by LubesOnline to the Customer will be at the Customer's risk immediately upon delivery of the Products to a recognised carrier for transport to the Customer or into the Customer's custody and control (whichever is the sooner).
Title in the Products supplied by LubesOnline to the Customer will not pass to the Customer until those Products and any other products supplied by LubesOnline to the Customer have been paid for in full, other than for credit account approved customer's on file with LubesOnline
If the Customer has breached these Terms and Conditions (including any payment obligations) or the terms of any relevant Sales Contract, the Customer authorises LubesOnline, at any time, to enter onto any premises upon which LubesOnline Products are stored to enable LubesOnline to reclaim the Products.
6. Returns
Returns will be subject to LubesOnline returns policy as advised to the Customer and amended by LubesOnline from time to time, the current version of which is set out here, dated 24-08-2008 ("Returns Policy").
Each claim for the return of Products by the Customer will be dealt with in accordance with the Returns Policy. Any substitute Products to be shipped to the Customer in accordance with the Returns Policy will be sent by LubesOnline to the Customer by ordinary freight pre-paid. If the Customer requests that the Products be sent by means other than ordinary freight, the extra cost of such accelerated or special freight must be paid by the Customer.
LubesOnline will not be liable for any damage or defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised repair of LubesOnline non-consumable Products.
The provisions of this clause 6 do not extend to any Products which have been added to, modified, varied or changed by any person or party other than LubesOnline .
7. Loss or damage in transit
LubesOnline is not responsible for any loss or damage to Products in transit, only to the value of $200.00 AUD or less per shipment.
8. Customer's cancellation
Unless otherwise agreed in writing, the Customer will not have the right to cancel an order which has been accepted by LubesOnline .
If a Customer's right of cancellation is agreed to by the parties in writing, the right must be exercised by notice in writing from the Customer to LubesOnline not later than 7 days before the estimated date of shipment by the manufacturer or LubesOnline (as the case may be).
Unless otherwise agreed between the Customer and LubesOnline , upon cancellation prior to shipment, any deposit paid by the Customer will be forfeited to LubesOnline .
9. Warranty
Unless specified otherwise, LubesOnline warrants to the Customer that LubesOnline generic only branded Products (excluding Third Party Products), will be free from defects in materials and workmanship affecting normal use for a period of 90 days from invoice date ("Standard Warranty"). During the 3 month period beginning on the invoice date, Customer must return the faulty product to LubesOnline service centre for warranty claim. Warranty will be subject to LubesOnline warranty policy as advised to the Customer and amended by LubesOnline from time to time, the current version of which is set out on www.LubesOnline.com.au ("Warranty Policy") or is on the Warranty Form which will be shipped with LubesOnline branded Products.
The Standard Warranty does not cover any items that are in one or more of the following categories: accessories or parts added to the Product after the Product is picked up or shipped from LubesOnline; Customers supplied accessories or parts added to the Product through LubesOnline ;accessories or parts purchased from LubesOnline that are consumable product such as oil based content, cleaning fluids, grease's, coolant's in the LubesOnline warehouse.
If the Customer has chosen any Service Offering or the Products purchased by Customer are sold bundled with a Service Offering in addition to the Standard Warranty, such Service Offering will be listed on Customer's invoice, and the provisions of that Service Offering shall apply in addition to the StandardWarranty. If the Service Offering is provided by an independent third-party service provider, such third party Service Offerings will be listed on Customer's invoice, and LubesOnline will be not responsible or liable for such third party Service Offerings.
The Customer agrees that, in relation to Third Party Products purchased through LubesOnline , where such of the Products are covered by a relevant manufacturer's warranty, then the Standard Warranty shall not extend to such Products and such manufacturer's warranty shall be the sole warranty in respect of such Products. The Customer shall utilise that warranty for the support of such Products and in any event not look to LubesOnline for such warranty support.
10. Liability
To the extent permitted by law, LubesOnline will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue,interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
any negligent act or omission or wilful misconduct of LubesOnline or its employees or agents;
the supply, performance or use of any Products or Services; or
any breach by LubesOnline of its obligations under these Terms and Conditions or any relevant Sales Contract.
11. General
LubesOnline may amend these Terms and Conditions at any time, by giving the Customer notice by mail, e-mail or by posting a notice on LubesOnline public news website sections. By continuing to place orders for Products and Services after these Terms and Conditions are amended, the Customer will be deemed to have accepted the revised Terms and Conditions.
Any provision of these Terms and Conditions which is invalid, void, voidable or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
The Customer may not assign or attempt to assign any of its rights and obligations under these Terms and Conditions. LubesOnline may assign its rights and obligations under these Terms Conditions to any person.
These Terms and Conditions are governed by the laws of the State of New South Wales. The Customer submits to the non-exclusive jurisdiction of the courts of that State. Unless otherwise specified, the Terms and Conditions set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act of the State Of N.S.W.
RETURNS POLICY
1. For items in their original, unopened and undamaged packaging, a credit will be issued for the original purchase price of the product less any associated freight costs.
2. For opened items in new condition, with the original box, packaging, manuals and accessories, except consumable products, a credit will be issued for the original purchase price of the product less:
any associated freight costs and
an restocking fee of 20% of the purchase price if the product is returned within 7 days after purchase.
At the sole discretion of LubesOnline , unopened products may be accepted for return outside of the 7 day purchase period. In these circumstances a restocking fee of 30% will apply.
The re-stocking fee will be deducted from any credit or refund amount offered to you.
Credit card refunds will be credited to the original credit card. Purchases made by cash or check over $250 will be refunded by a check within 10 business days.
All returns must be shipped prepaid. LubesOnline will refund shipping charges for defective/damaged merchandise only. Products returned to LubesOnline without proof delivery may result in forfeiture of your refund.
Opened Items
Opened consumable products return will not be accepted except items damage in transit under the returns policy.
Non-Return Basics Items
The term Non-Return Basis means that, unless the product is damaged in transit, or otherwise returnable under statutory warranty (e.g. if the product is faulty, does not match a description or sample, is unfit for purpose), the product will not be accepted for return.
Examples of products sold on a Non-Return Basis include:
All liquid, sealed container based products or alike. Products with a "Non-Return basis" label
Products specially ordered for a customer
Product listed on the packing slip or invoice as "Non-Return Basis"
Third party warranty
Return Procedure
Contact our Support Center at 02-47 298 175 or headoffice@lubesonline.com.au to obtain your Return Authorization (RMA) number and details including mailing address and procedures. RMA numbers are valid for 10 days from date of issue. We are unable to accept returns without an RMA number.
Taxes/Duty
Any return from outside of Australia, customers are responsible for Import taxes, duty and any associated custom charges.
Manufacturer's Returns Policy and Manufacturer's Warranty
Please note that all items, except ex-demo, clearance, second hand, or damaged items, are sold with a manufacturer's warranty, unless otherwise stated.
If a item purchased from LubesOnline develops a fault after 7 days from original purchase, we recommend that in the first instance, you contact the manufacturer or their authorised service centre or agent for warranty service. Warranty periods and service levels vary by manufacturer and product.
If the manufacturer directs you to return the product to us as the seller, then you should contact our Customer Service staff as soon as possible.
All claims for service not covered by any kind of warranty should, in the first instance, be directed to the manufacturer or its authorised service centre or agent.
Other than as required by statutory warranties, we reserve the right to refuse any returns that:
are incomplete or missing parts
are not in their original packaging
show signs of physical damage
Revisions to these terms and conditions.
LubesOnline may revise these terms and conditions at any time by updating LubesOnline site at www.LubesOnline.com.au. All revisions to these terms and conditions are effective for transactions after the update. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.
WARRANTY POLICY
LubesOnline is committed to providing satisfactory products and services to customers. Products are covered by a manufacturers warranty or 30 days, 90 days or 1 year return to base warranty, as described on item warranty description for the respective products. (Please note that warranty terms are different from product to product, manufacturer to manufacturer.)
To qualify for your warranty, you must keep your original proof of purchase receipt.
If you transfer a purchased items to another user, warranty service is available to that user for the remainder of the warranty period. You should give your proof of purchase and this Warranty Policy to that user.
Warranty Service
To obtain warranty service, you should contact us LubesOnline on (02) 47 298175. You must provide proof of purchase by you before any warranty service can be performed. If you mail the LubesOnline Product in for service, you agree to insure the product, prepay shipping charges, and to use the original shipping container or equivalent. Any service outside the scope of this warranty shall be at LubesOnline rates and terms then in effect.
When a type of service involves the exchange of a part, the item LubesOnline replaces becomes its property and the replacement becomes yours. The replacement may not be new, but will be in good working order and at least functionally equivalent to the item replaced. Replacement parts assume the remaining warranty of the parts we replace.
It is your responsibility to:
1. obtain authorisation from the owner (for example, your lessor) to have your items for service that you do not own;
2. where applicable, before service is provided. Follow the problem determination, problem analysis, and service request procedures that LubesOnline provide.
3. be responsible for loss of, or damage to, items in transit when you are responsible for the transportation charges.
YOU SHOULD NOTE
LubesOnline warrants their Products to be free from defects in workmanship and materials for a period of the manufacturers warranty from the date of purchase. If the product does not function as warranted during the warranty period, LubesOnline will, at its option, repair or replace the product, less shipping costs (with the same product or a product that is at least functionally it's equivalent). This warranty does not include failure caused by improper product use of what it is recommended for, installation, operating environment, cleaning or improper maintenance by you or accident, damage, misuse, abuse, non-LubesOnline modifications to the product, removal of product labels or parts identification labels, or failure caused by a product, normal wear and tear or any other event, act, default or omission outside LubesOnline control for which LubesOnline is not responsible may void the warranties.
LIMITED OF LIABILITY
LubesOnline will not be liable in any way for any direct or indirect loss or damage of any kind arising from the LubesOnline Product or your use of the LubesOnline Product, including consequential loss or damage, and loss or damage arising from the negligence of LubesOnline employees and agents.
Under no circumstances is LubesOnline liable for any of the following:
1. third-party claims against you for losses or damages
2. loss of, or damage to, your records or data; or
3. economic consequential damages (including lost profits or savings) or incidental damages, even if LubesOnline is informed of their possibility.
Returns Exceptions (Extended Customer Satisfaction)
At LubesOnline, we believe in being fair to our customers. If you are not satisfied with a product you purchased from us and you return the product with the original receipt or invoice within 7 days of invoice date, you may exchange the product or receive a refund less any associated cost, such as freight and re-stocking fee, except as explained below.
TERMS AND CONDITIONS OF USE WEB SITE
WEB SITE NOTICE
No part of the material contained in this web site may be reproduced, modified, distributed, stored in a retrieval system, or transmitted in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without prior written approval of LubesOnline.
TERMS OF USE
BY USING THIS WEB SITE YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.
ONLY SANCTIONED USES OF THIS WEB SITE
This web site is for your own personal and non-commercial use, and you agree to use this web site for lawful purposes only. You will not import or export any information to or from this web site which is unlawful, threatening, abusive, fraudulent, offensive, harmful, obscene, defamatory, inciting, hateful, racially, ethnically, or otherwise objectionable, in violation of any person's rights of publicity, or contains worms, Trojan horses or any viruses of any kind, either now known or hereinafter discovered, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
You will only provide truthful information, and you will keep your account updated so that your information is always truthful, accurate and complete. Any information transmitted to us is governed by our Privacy Policy. Any material, information or other communication you transit or post to this web site will be considered non-confidential and non-proprietary ("Communications"). LubesOnline will have no obligations with respect to the Communications. By making Communications on this web site, you grant to LubesOnline a perpetual, royalty-free, fully paid-up, world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. LubesOnline and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You may link to third party web sites. Such linked web sites are not under the control of LubesOnline and LubesOnline is not responsible for the content of any linked web site or any link contained in a linked web site. LubesOnline reserves the right to terminate any link or linking program at any time. LubesOnline does not endorse companies or products to which it links, unless expressly stated otherwise. If you decide to access any of the third party web sites linked to this web site, you do so entirely at your own risk.
You may provide links to our web site from other web sites provided that (a) you link only to our web site's home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notices, or other notices on our web site, (c) you give LubesOnline notice of such links via e-mail or certified postal mail, and (d) you discontinue providing links to our web site if requested by LubesOnline.
SPECIAL RULES FOR INTERNATIONAL USE
If you are an International user, outside of the Australia, you agree to comply with all local rules regarding on-line conduct and content.
DISCLAIMER OF WARRANTIES
The materials available in and on this web site, including materials in linked sites directly or indirectly accessible from this web site, are provided "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. IN ADDITION, THIS WEB SITE DOES NOT REPRESENT OR WARRANTY THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE, OR CURRENT.
We do not warrant that the materials on this web site, or any site directly or indirectly accessible from this web site, will be error free, free of viruses, worms, Trojan horses, defamatory, obscene, or other harmful material. You assume the entire cost of any necessary service, repair or correction.
LIMITATION OF LIABILITY
Under no circumstances shall we, nor our affiliates, agents, suppliers, directors, employees, or other representatives be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenue, lost data, loss of or damage to property, or any other similar economic loss), whether in contract, tort, or otherwise, arising out of (i) the use, or inability to use the materials available in or on this web site, or any linked web site, even if we are advised of the possibility thereof, nor for any claim by a third party; (ii) the cost of procuring substitute goods or services resulting from any goods, services, or messages received or transmitted from your use of this web site; (iii) any other matter relating to this web site.
You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney's fees) arising out of your use of this web site.
COPYRIGHT ©
You shall not copy, use, modify transit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in or on this web site, except as expressly permitted by the respective owner(s) thereof. All content included in or on this web site, such as text, graphics, logos, button icons, images, audio and/or video clips, and software is the property of LubesOnline and are protected by Australia and International Copyright laws.
OUR RIGHT TO MONITOR
We may electronically monitor any areas of this web site and may disclose any records or electronic communication of any kind (i) to satisfy a government request, law or regulation; (ii) to protect our rights or the rights of other users, sponsors, affiliates, licensors and licensees; (iii) to protect our ability to maintain and operate this web site.
LubesOnline may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If LubesOnline requests payment for increased prices, you may cancel the order by giving notice to LubesOnline, which must be received within seven days of the announcement of the increase.
We may, upon notice, investigate any alleged infringement, defamation, violation of these terms of use, illegal, or offensive material or communication on the web site. Upon determination that any violation of any right has occurred, we may, at our sole discretion, terminate or suspend all privileges you currently hold in connection with our goods and services, or request that you remove the offending material.
CONTACT INFORMATION
If you have any questions about this Privacy Statement or concerns about the way we process your Personal Data, please contact us using the Contact Us form.
The personal information collected on this Site will be used to provide the services you have requested.
We may use your personal information to provide you with important information about the product or service that you are using, including critical updates and notifications. Additionally, we may send you information about other LubesOnline products and services.
Questions:
We may occasionally modify this privacy statement without written notice, so please check regularly. All such changes will be reflected on this web page.
LubesOnline does not accept membership registrations from users who are under 13 years of age. If you are not at least 13 years old please do not register with LubesOnline.
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