Terms of Sale
1 COMPLIANCE WITH TERMS
1.1 Before you purchase any goods or services (Products) from our website https://www.wirefree.com.au (Website), we need to set out our terms and conditions of sale. These sales terms and conditions (Sales Terms) apply to all sales between FRAM Pty Ltd trading as Wirefree (ABN 78 616 733 754), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person or entity that purchases Products from us (referred to as “you” or “your”), and collectively the Parties. You acknowledge and agree that these Sales Terms are the rules that govern all purchases of Products from us.
1.2 You acknowledge and agree that by making a purchase from us you are agreeing to be bound by these Sales Terms. If you do not accept these Sales Terms in their entirety, you may not purchase Products from our Website.
1.3 If you agree to these Sales Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Sales Terms. In that event, the words “you” or “your” will refer to and apply to that entity.
1.4 Your purchase from us indicates that you have had sufficient opportunity to access these Sales Terms and contact us, that you have read, accepted and will comply with these Sales Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.
1.6 If you have any questions, please contact us at the contact details listed below and we will be happy to assist you.
2 PLACING AN ORDER FOR PRODUCTS
2.1 You will have the opportunity to register on our Website during the purchase process. We will provide a confirmation of account registration when you register on the Website. It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including purchases made using your account details.
2.2 A list of the Products being sold are available on our Website and may be updated from time to time. Pricing is also set out on our Website.
2.3 From time to time, we may restrict the quantity of Products which can be purchased in one order or during a particular period of time or per person or per address. Any quantity restrictions will be stated on the product page, or in materials about the relevant promotion, or otherwise advised to you.
2.4 When you place your order on our Website you must specify the Products you wish to order at the price listed on our Website. It is your responsibility to check the order details, including Product and pricing, before you complete your order on the Website.
2.5 We will provide you with order confirmation and a tax receipt, when you order and pay on the Website and your payment has been validated. A binding agreement comes into existence between you and us once we have given you an order confirmation.
2.6 We will not be liable to you for loss you or any third party suffers for a delay or failure to process your order or deliver Products due to inaccurate or incomplete details provided in an order.
2.7 We reserve the right to accept or reject your order for any reason at any time. If we reject your order you will receive a refund of any money paid.
3 PAYMENT OF PRICE
3.1 When you place an order, we will charge you and you agree to pay the purchase price of each Product as specified on the Website (Price) and any applicable delivery fee as specified on the Website (Delivery Fee).
3.2 All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Sales Terms also include GST where applicable.
3.3 We reserve the right to change or alter Prices without notice to you. If you have already submitted an order at a particular Price, we will supply your Products at that Price (unless your order is affected by a pricing error).
3.4 You must pay for the Product by one of the methods set out on the Website. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be rejected and you will be notified of this.
4 DELIVERY OF PRODUCTS
4.1 We will deliver the Products to you at the address set out in the order form.
4.2 Any costs associated with delivery of the Products under clause 4.1 will be borne by you, and added to the amount of the order confirmation in clause 2.6.
5 INTELLECTUAL PROPERTY
5.1 Intellectual Property includes but is not limited to:
(a) all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
(b) all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
(c) all work product developed in whole or in part by us.
5.2 We own all Intellectual Property rights in the Website, business, Products and branding, as between us and you. The Products contain material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the copyright which subsists in all creative and literary works incorporated into our Materials.
6 CONSUMER LAW AND REFUND POLICY
6.1 Our goods come with consumer guarantees that cannot be excluded under the Australian Consumer Law in the Consumer and Competition Act 2010 (ACL). Nothing in the Sales Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which may not be limited or excluded.
6.2 If you are a consumer as defined in the ACL, the following notice applies to you: “Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a 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.”
6.3 Products can be returned to us within 30 days from purchase for a full refund of the purchase Price. You must contact us for authorisation and to obtain return shipment details prior to returning any products. The Delivery Fee and return shipment charges are not refundable.
7 RISK, WARRANTIES, LIABILITY AND INDEMNITIES
7.1 Title to the Products and risk associated with the Products passes to you on delivery. The risk of any loss, damage or destruction, regardless of the cause, will be the responsibility of us until the Products are delivered.
7.2 Subject to clause 6, to the extent permitted by law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly disclaim all warranties including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We may provide an additional warranty in addition to your ACL rights and remedies. Any warranties given provide you with benefits in addition to the ACL rights and remedies. When provided, the warranty period, provisions and the person providing the warranty relating to your purchase vary according to the product you have purchased. Please refer to product packaging and brochures to determine the warranty term and warranty conditions for your purchase.
7.3 While we endeavour to keep the information on our Website up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, Products, or related graphics contained on the Website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
7.4 The parties will not be liable to each other under these Sales Terms, under any circumstances, for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit. Neither party will be liable to the other for any amount exceeding the Price.
7.5 Our total liability arising out of or in connection with the Products, or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of Products under these Sales Terms. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
7.6 You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
7.7 This clause will survive termination of these Sales Terms.
8.1 We may, at our discretion, terminate the agreement for the supply of Products to you:
(a) for convenience, at any time, on giving notice to you; or
(b) immediately if we reasonably believe that you have breached these Sales Terms and:
(i) that the breach is not capable of remedy; or
(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
8.2 We reserve the right to refuse supply of the products ordered by you, terminate your account, terminate our contract with you, and remove or edit content on the Website at our sole discretion, without incurring any liability to you.
9.1 A party must not start court proceedings (except proceedings seeking interlocutory relief) unless it has complied with clause 9.
9.2 A party claiming that a dispute, difference or question has arisen out of these Sales Terms, (Dispute) must give the other party notice of the details of the Dispute (Dispute Notice).
9.3 When a Dispute Notice is given, the parties must refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited for resolution in accordance with the Conciliation Rules of the Australian Commercial Dispute Centre.
9.4 If the parties cannot resolve a Dispute in accordance with the escalation procedure in clauses 9.2 and 9.3, each party may commence court proceedings.
9.5 If a party breaches clause 9.1 in relation to a Dispute, the other party need not comply with clause 9.1 in relation to that Dispute.
9.6 The parties must continue to perform their respective obligations under these Sales Terms pending the resolution of a Dispute.
9.7 Each party must pay its own costs of complying with this clause 9.
10.1 A notice, demand, consent, approval or communication under these Sales Terms (Notice) must be:
(a) in writing, in English and signed by a person duly authorised by the sender; and
(b) hand delivered or sent by prepaid post or email to the recipient’s address for Notices specified in the order confirmation, as varied by any Notice given by the recipient to the sender.
10.2 A Notice given in accordance with clause 10.1 takes effect when taken to be received (or at a later time specified in it), and is taken to be received:
(a) in the case of delivery in person, when delivered;
(b) in the case of delivery by post, two business days after the date of posting (if posted to an address in the same country) or seven business days after the date of posting (where posted to an address in another country); or
(c) if by email, on the earlier of the sender receiving an automated message confirming delivery or, provided no automated message is received stating that the email has not been delivered, three hours after the time the email was sent by the sender, such time to be determined by reference to the device from which the email was sent;
but if the delivery, receipt or transmission is not on a business day or is after 5.00pm on a business day, the Notice is taken to be received at 9.00am on the next business day.
11.1 Amendment. These Sales Terms may be altered only in writing signed by each party.
11.2 A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
11.3 Except where these Sales Terms expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under these Sales Terms.
11.4 Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to these Sales Terms and the transactions contemplated by it.
11.5 You may not assign your rights or obligations under these Sales Terms without our prior written consent.
11.6 A term or part of a term of these Sales Terms that is illegal or unenforceable may be severed from these Sales Terms and the remaining terms or parts of the term of these Sales Terms continue in force.
11.7 These Sales Terms and any document expressly referred to in them constitute the entire agreement of the Parties about its subject matter and supersedes all previous agreements, understandings and negotiations on the subject matter.
11.8 Except where these Sales Terms expressly state otherwise, it does not create a relationship of employment, trust, agency or partnership between the parties.
11.9 Unless otherwise stated, the rights, powers and remedies provided in these Sales Terms are in addition to and not exclusive of the rights, powers and remedies given by law independently of these Sales Terms.
11.10 If force majeure prevents a party from fully or partly performing any obligation under these Sales Terms (except an obligation to pay money), the affected party’s obligation to perform that obligation is suspended while the force majeure continues.
11.11 These Sales Terms are governed by the law of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. The Website may be accessed throughout Australia and overseas. We make no representation that the Website complies with the laws (including intellectual property laws) of any country outside Website. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.
For any questions or notice, please contact us at:
FRAM Pty Ltd (ABN 78 616 733)
3/21 Rowe Street, Woollahra NSW 2025
(02) 9387 8095
Last update: 28 April 2017