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GENERAL TERMS OF SALE, DELIVERY AND USE OF WEATHERDON INFORMATION

The content and information displayed on this web site ("Information") is the property of R. Weatherdon & Co Pty Ltd (Weatherdon) and/or other parties. The downloading, reproduction, or retransmission of Weatherdon Information, other than for non-commercial individual use, is strictly prohibited.

Please take a few moments to read these terms and conditions prior to using the Weatherdon web site which contains the terms on which Weatherdon agrees to the sale and delivery of goods and the use of Weatherdon Information and this web site, including the extent to which Weatherdon will be liable for any loss or damage.

1. Content

(a) You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this web site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorised Weatherdon representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this web site).

(b) With respect to all communications you make to Weatherdon regarding Weatherdon Information, including but not limited to feedback, questions, comments, suggestions and the like:

(i) Weatherdon shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and
(ii) Weatherdon shall be free to use any ideas, concepts, knowledge, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

(c) Weatherdon reserves the right to make changes, corrections and/or improvements to Weatherdon Information, and to the products and programs described in such information, at any time without notice.

(d) Weatherdon Internet sites contain information on Weatherdon worldwide products and services, not all of which are available in every location. A reference to a Weatherdon product or service on a Weatherdon Internet site does not imply that such product or service is or will be available in your location.

2. Orders & Delivery

(a) All orders placed through this web site are subject to confirmation and acceptance by Weatherdon.

(b) Weatherdon may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you.

(c) If Weatherdon requests payment of increased prices, you may cancel the order by giving notice to Weatherdon, which must be received within seven days of the announcement of the increase.

(d) Weatherdon will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available you will be notified of this by Weatherdon as soon as possible.

(e) Anyone at the delivery address who receives the goods will be presumed by Weatherdon to be authorised to receive the goods.

(f) Weatherdon may charge you additional delivery fees, including but not limited to fees incurred by Weatherdon as a result of a delivery attempt that is rejected by anyone at the delivery address, or when there is nobody available at the delivery address to receive the goods when a delivery attempt or attempts are made by the carrier, or when the receiver or anyone at the delivery address requests an additional service or services not re-arranged between Weatherdon and the carrier relating to a delivery.

(g) Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.

(h) If items are listed on our invoice or delivery docket for a consignment but have not been received in full, it is your responsibility to make a claim to that effect to Weatherdon within 14 days of initial receipt. If no claim is made within 14 days of initial receipt it will be deemed that all items listed on our invoice or delivery docket for the relevant consignment have been received in full and in good condition.

(i) Weatherdon reserves the right to restrict sales to retail quantities when supplying resellers and distributors.

3. Minimum Order Policy

(a) Orders must meet a $200 product minimum excluding GST.

(b) Orders under $200 in product excluding GST will receive a $20 plus GST surcharge.

4. Project Order Policy

Project orders (including but not limited to orders for custom items, orders for items not stocked by Weatherdon and orders to supply a project to a future deadline) will be subject to additional standard terms and conditions, including:

(a) Full payment is required to hold stock for over 2 weeks.

(b) custom and indent items are non-returnable once ordered.

5. Prices, Taxes & Payment

(a) For each online order, you must pay:

(i) the applicable price for the relevant goods confirmed by Weatherdon; and

(ii) the delivery and handling fee specified on the web site at that time, or as advised to you by a member of our Customer Service or Sales team after review.

(b) Weatherdon is required to automatically charge the applicable GST for orders to be delivered to addresses within Australia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any location outside Australia.

(c) Your order and credit card details are safe and secure. All personal and credit card information provided to Weatherdon is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.

(d) Weatherdon can only accept payments using the methods stated in the Orders & Payment section of this web site (credit card, proforma or on account).

(e) Weatherdon does not accept COD charges.

(f) Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Weatherdon.

(g) Prices and range on this web site may vary from Weatherdon stores.

6. Your Account

(a) You agree to take responsibility for the safekeeping of your user name and password. and you are liable to Weatherdon for any orders placed or for any loss or damage caused to Weatherdon if your user name or password is used by an unauthorised person.

(b) You agree to release and indemnify Weatherdon in connection with any loss or damage caused to any person though any use (whether authorised or unauthorised) of your user name or password.

(c) Weatherdon may suspend or cancel your account at any time without prior notice.

7. Privacy

(a) Weatherdon will comply with Weatherdon's Privacy Statement, a copy of which may be viewed at https://www.weatherdon.co.nz/site/pages/privacy.php?resetbrand=1

(b) Weatherdon will not reveal your personal information to external organisations except for the purposes of fulfilling your order.

8. Liability

Any liability of Weatherdon for, or in connection with Weatherdon Information or any goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Weatherdon be limited to:

(i) in relation to goods, the replacement of the goods or the supply of equivalent goods; and

(ii) in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again,

and will exclude any liability for damages of any type whatsoever, loss of profits or consequential losses.

9. Damaged or Incorrect Merchandise

(a) Weatherdon will, upon your written request, replace any goods that have been delivered in damaged condition or as a result of a picking error.

(b) Subject to clause 8, no goods will be accepted for return or replacements issued without prior approval to return such goods, which approval must be sought from Weatherdon in writing within 14 days of receipt of the goods and such written request must include:

(i) details of the relevant consignment and/or invoice issued by Weatherdon; and

(ii) Images and/or such other details that may also be requested by Weatherdon to support your claim that the goods have been delivered in a damaged condition or as a result of incorrect supply.

10. Permission to Return Goods and to Receive Credit

(a) Notwithstanding clause 8, Weatherdon may, at its sole discretion, accept return of goods provided that:

(i) the goods are, in the opinion of Weatherdon, in saleable condition and in original packaging ; and

(ii) notification is made by you to Weatherdon in writing within 14 days of delivery that you wish to return the goods.

(b) If Weatherdon agrees to accept the return of the goods, Weatherdon will issue credit to your account or credit card in Australian dollars, less the cost of the original delivery charges for the goods and any applicable restocking fees, which will be charged at Weatherdon's absolute discretion (to a maximum of 20% of the original price).

11. Images and labels

(a) Weatherdon aims to include up-to-date images of all of the goods on this web site. However, the images of the goods may differ from the actual goods, for example, in terms of actual shape, style or colour shade. /p>

(b) Subject to clause 8 above, Weatherdon accepts no responsibility for any differences in the actual appearance of goods ordered and delivered compared to the images on this web site./p>

(c) Weatherdon strongly recommends that you read the labels on the goods carefully before using the goods and follow all manufacturer's instructions.

12. Changes To Terms

Each order is governed by the terms and conditions current when the order is placed. Weatherdon may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.

13. Applicable Law

All orders, purchases, deliveries and these terms and conditions, are subject to the laws of New South Wales, Australia.

14. Copyright

(a) Except where necessary for viewing the information on the this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, no information on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Weatherdon.

(b) All information contained on this web site is subject to copyright owned by Weatherdon. You may only use the information for your own personal use. You may not otherwise use, modify, copy or distribute the information (or any part of it) without the express written permission of Weatherdon.

15. Trademarks

Any trademarks appearing on this web site are the trademarks of the relevant owners. You must not use any trademarks that appear on this web site without the written permission of the relevant owner.

16. Other Sites

If you choose to leave this Weatherdon site via links to other non-Weatherdon sites, including those of advertisers, Weatherdon is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Weatherdon has no control over such sites and resources, you acknowledge and agree that Weatherdon is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.