Online purchase agreement
Our contract
When you place a retail/consumer order via our website, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
Pricing and availability
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error straight away.
- Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the “Total Cost”.
Payment
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Delivery of goods
Non delivery of goods must be reported to us as soon as possible.
Australia
- All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent either own delivery driver or Courier service.
- While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
- Insurance is available at an extra cost on all delivery services. We will not cover any loss of goods that are not insured.
- For non-delivery of goods, please notify us by email as soon as possible.
- Delivery costs are as stated in the Shopping Cart prior to finalizing the order.
Click & Collect
- Click & Collect is available at selected stores - subject to stock availability at your selected store. Please call the store and confirm stock availability ahead of collection when placing Click & Collect orders.
- There is no additional fee charged to Click & Collect orders.
- Pick-up is not available on a Public Holiday, Easter, Christmas Day or Good Friday.
- Customers will receive either an email, text or phone-call from their selected store to confirm their order is ready to be collected.
- Products marked as ‘special order’, ‘non-stock’, ‘out of stock’ or ‘preorder’ will require more processing time.
- To collect your order in store, your order confirmation, Photo ID and the credit card that was used for the transaction (if you pay via PayPal, your credit card is not required) are required to pick up your order. Acceptable forms of ID include Drivers’Licence, Proof of Age Card or Passport. To protect our customers, only the person specified on the order confirmation is able to collect the order with appropriate identification.
- Visiting your nominated store prior to receiving a confirmation for collection may result in your item not being ready for collection when you arrive
- Orders for collection at a selected Store must be collected within 14 days from the relevant selected Store giving you notice by telephone, text or by email that your order is available for collection. If your order is not collected within this time, the relevant selected store the right to allocate those goods to another customer and re-order the goods for you.
Receipt of goods
- You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 3 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim will be recognised unless made in writing and received by us within 3 days after receipt of the goods by you.
- This paragraph does not apply if the goods are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to clause 7below.
Refund & Returns policy
Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem. This is when the item:
- has a problem that would have stopped someone from buying the item if they had known about it;
- is unsafe;
- is significantly different from the sample or description;
- doesn’t do what we said it would,or what you asked for and can’t be easily fixed;
Alternatively, you can choose to keep the item and we will compensate you for any drop in value.If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
You will need to contact us as soon as possible and provide your proof of purchase—e.g. your receipt.
We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.You must provide proof of purchase in order to be eligible for a refund, repair or replacement.
If you wish to speak to us about this Policy or about any refund, repairs or replacements, you may contact us at:
Phone: 1300272000 or email admin@batterypowercentre.com.au
Delivery Costs
- In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of transporting the said product (the "Returned Product") back to us, as well as any costs of transporting any replacement product to you.
- If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If theReturned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
- If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost.
- In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product.
Limitation on claims
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, "force majeure" means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
- We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
- Our liability for failure to comply with a consumer guarantee is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
- Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation.
- In all other respects, our total liability for loss or damage of every kind, whether:
is limited to an amount equivalent to the sum paid by you to us for the goods.
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action,
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms of service, we do not accept liability to you in respect of any indirect or special loss, consequential loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms.
Warranty disclaimer
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
- The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
Intellectual property
The specifications and design of the goods (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) remain our property.
Title and risk
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Waiver
Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire agreement
The above terms of service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
Governing law
These terms and conditionsare governed by the laws in force in the State of Queensland Australia that the goods are delivered in. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
