TERMS AND CONDITIONS

National Welding Supplies Pty Ltd

Introduction
 

These terms and conditions (the “Terms and Conditions”) of National Welding Supplies Pty Ltd/website, expressly declare and outline the rules and regulations for the use of, located at https://www.nationalwelding.com.au (the “Website”). The Terms and Conditions are conditions precedent for the use of the Website. By accessing/using/recommending/signing up/referring to someone/opening a link to the Website, we assume you accept these terms and conditions, and you declare that you expressly accept the Terms and Conditions of the Website without any force and coercion. Do not continue to use Website if you do not agree to take all of the terms and conditions stated on this page. You accept the Terms by remaining on the Website.

1. DEFINITIONS

In these Terms and Conditions, unless the context otherwise requires:

1. Business Day means a day that is not a Saturday, Sunday or public holiday in New South Wales, Australia.
2. Consumer has the meaning given in section 3 of the ACL.
3. Correct Pricing means pricing that accurately reflects the intended retail price of Goods as determined by Us in Our sole discretion, and excludes: (a) any pricing errors, including but not limited to prices of $0.00 or prices that are manifestly below cost or market value; (b) prices resulting from system malfunctions, errors, or unauthorized access; and (c) prices that We determine, in Our reasonable judgment, do not reflect the true commercial value of the Goods.
4. Customer, You, Your means the person, firm, or company placing an Order with Us through the Website.
5. Delivery means the transfer of possession of Goods to You or Your nominated carrier or delivery address.
6. Force Majeure Event means any event or circumstance beyond Our reasonable control, including but not limited to acts of God, war, terrorism, riot, civil commotion, pandemic, epidemic, fire, flood, storm, earthquake, explosion, accident, strikes, lockouts, industrial disputes, breakdown of plant or machinery, interruption of power or fuel supplies, internet or telecommunications network failures, acts or omissions of government or regulatory authorities, and any other similar events.
7. Goods means the products, materials, equipment, or supplies offered for sale on the Website, including but not limited to welding supplies, industrial equipment, and related products.
8. GST means the goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1. Intellectual Property means all intellectual property rights, including but not limited to patents, trademarks, service marks, trade names, domain names, copyrights, design rights, database rights, trade secrets, confidential information, know-how, and all other similar proprietary rights, whether registered or unregistered, and all applications for registration of such rights.
10. Order means Your request to purchase Goods from Us through the Website, which becomes binding only upon Our Acceptance.
11. Order Confirmation means the email or other written communication sent by Us confirming Our Acceptance of Your Order.
50. Platform means the Neto Maropost e-commerce platform on which the Website operates.
1000. Price means the price for Goods as stated on the Website at the time of placing an Order.
14. Privacy Policy means Our privacy policy available at www.nationalwelding.com.au/privacy-policy.
15. Unfulfillable Order means an Order that We determine, in Our reasonable discretion, cannot be fulfilled due to one or more of the following reasons: (a) Goods are not available or are out of stock; (b) Correct Pricing is not reflected in the Order; (c) the Order contains errors, inconsistencies, or is incomplete; (d) We are unable to verify payment; (e) We reasonably suspect fraud, unauthorized access, or breach of these Terms; or (f) fulfillment would breach applicable law or Our legal obligations.
16. We, Us, Our means National Welding Supplies Pty Ltd (ACN 074 612 105).

 

2. ACCEPTANCE OF TERMS

1. By accessing or using the Website, browsing Our Goods, or placing an Order, You acknowledge that You have read, understood, and agree to be bound by these Terms.
2. If You do not agree to these Terms, You must not use the Website or place Orders.
3. We reserve the right to amend these Terms at any time. Amended Terms will be posted on the Website and will take effect immediately upon posting. Your continued use of the Website after amendments constitutes acceptance of the amended Terms.

3. ORDERS AND ACCEPTANCE

Order Process

1. All Orders placed through the Website constitute an offer by You to purchase Goods subject to these Terms.
2. An Order does not constitute a binding contract until We issue an Order Confirmation accepting Your Order.
3. We reserve the absolute right to accept or reject any Order, in whole or in part, for any reason, including but not limited to:
   1. 1. Goods are unavailable or out of stock;
      2. The Order does not reflect Correct Pricing;
      3. We are unable to verify or process payment;
      4. We reasonably suspect fraud or unauthorized activity;
      5. The Order is an Unfulfillable Order; or
      6. Fulfillment would breach applicable law or Our legal obligations.
4. Receipt of an automated email or invoice from the Website does not constitute Our Acceptance of an Order. Acceptance occurs only when We send You an Order Confirmation.

Correct Pricing and Unfulfillable Orders

5. Orders are subject to stock availability and Correct Pricing. Unfulfillable Orders will be cancelled with a full refund.
6. If We determine that an Order is an Unfulfillable Order, including where Correct Pricing is not reflected, We will:
   1. 1. Cancel the Order;
      2. Provide You with a full refund of any amounts paid; and
      3. Where reasonably practicable, notify You of the cancellation.
7. We may cancel an Unfulfillable Order at any time before Delivery, even if an Order Confirmation has been issued or payment has been received.
8. By placing an Order, You acknowledge and agree that We have the right to cancel Unfulfillable Orders and that Our liability in such circumstances is limited to refunding amounts paid by You.

Order Accuracy

1. You are responsible for ensuring that all information provided in Your Order, including delivery addresses, contact details, and product selections, is accurate and complete.

10. We are not liable for any delays or errors resulting from inaccurate or incomplete Order information.

 

 

4. ACCOUNT REGISTRATION AND USE

1. You may be required to register an account to place Orders on the Website.
2. You must provide accurate, current, and complete information during registration and keep Your account information up to date.
3. You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under Your account.
4. You must immediately notify Us of any unauthorized use of Your account or any other security breach.
5. We reserve the right to suspend or terminate Your account if We reasonably believe You have breached these Terms or engaged in fraudulent or unlawful activity.

5. PRICING AND PAYMENT

Pricing

1. All Prices are stated in Australian Dollars (AUD) and include GST unless otherwise indicated.
2. Prices displayed on the Website are subject to change without notice. The Price applicable to Your Order is the Price displayed at the time You place Your Order, subject to Our right to cancel Unfulfillable Orders under clause 3.2.
3. Prices exclude delivery charges, surcharges, and any other additional fees unless expressly stated. Such charges will be displayed before You complete Your Order.
4. Pricing Errors: Despite Our best efforts, Goods may occasionally be listed at incorrect Prices due to typographical errors, system malfunctions, or other reasons. If We discover a pricing error before accepting Your Order, We will notify You and give You the option to reconfirm Your Order at the correct Price or cancel. If We discover a pricing error after accepting Your Order but before Delivery, We may cancel the Order and provide You with a full refund.

Payment

5. Payment must be made in full at the time of placing Your Order unless We have agreed to alternative payment terms in writing.
6. We accept payment by credit card, debit card, PayPal, bank transfer, and such other methods as displayed on the Website.
7. Payment is processed through secure third-party payment processors. We do not store Your full credit card details on Our systems.
8. If payment is not received or cannot be verified, We reserve the right to cancel Your Order.
1. You are responsible for any bank fees, currency conversion fees, or other charges imposed by Your financial institution in connection with Your payment.

6. DELIVERY AND RISK

Delivery

1. Delivery will be made to the address specified in Your Order.
2. Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays in Delivery caused by circumstances beyond Our reasonable control.
3. You must ensure that someone is available to accept Delivery at the specified address during normal business hours.
4. If Delivery cannot be completed due to Your unavailability or incorrect delivery information, additional charges may apply for re-delivery.

Risk and Title

5. Risk in the Goods passes to You upon Delivery.
6. Title in the Goods remains with Us until We have received payment in full for the Goods and all other amounts owing by You to Us.

7. RETURNS AND REFUNDS

1. Our returns and refunds policy is set out on the Website at www.nationalwelding.com.au/returns-policy and forms part of these Terms.
2. Nothing in these Terms excludes, restricts, or modifies Your rights under the ACL or other applicable consumer protection legislation.

8. CONSUMER GUARANTEES

1. If You are a Consumer, Goods come with guarantees under the ACL that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
2. To the extent permitted by law, Our liability for breach of any consumer guarantee is limited to, at Our option:
   1. In the case of Goods: replacement, repair, or payment of the cost of replacement or repair; and
   2. In the case of services: re-supply or payment of the cost of re-supply.

9. LIMITATION OF LIABILITY

1. Nothing in these Terms excludes, restricts, or modifies any rights You have under the ACL or other legislation that cannot be excluded, restricted, or modified by agreement.
2. Subject to clause 9.1, to the maximum extent permitted by law:
   1. 1. We exclude all liability for any loss or damage, whether direct, indirect, consequential, or otherwise, arising from or in connection with Your use of the Website or any Goods, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or any other economic loss;
      2. Our total liability to You for any claim arising from or in connection with these Terms or the supply of Goods is limited to the amount paid by You for the relevant Goods; and
      3. We are not liable for any loss or damage arising from cancellation of an Unfulfillable Order under clause 3.2, provided that We refund amounts paid by You.

10. INTELLECTUAL PROPERTY

1. All Intellectual Property in the Website, including but not limited to text, graphics, logos, images, software, and content, is owned by or licensed to Us.
2. You may view and print content from the Website for Your personal, non-commercial use only.
3. You must not reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any content, software, products, or services obtained from the Website without Our prior written consent.

11. PRIVACY

1. We collect, use, and disclose Your personal information in accordance with Our Privacy Policy.
2. By using the Website and placing Orders, You consent to the collection, use, and disclosure of Your personal information as described in Our Privacy Policy.

12. SECURITY AND PROHIBITED CONDUCT

1. You must not:
   1. Use the Website in any way that breaches any applicable law or regulation;
   2. Attempt to gain unauthorized access to the Website, servers, systems, or networks;
   3. Interfere with or disrupt the Website, Platform, or servers;
   4. Use automated systems, including robots, spiders, or scrapers, to access the Website;
   5. Attempt to manipulate, exploit, or circumvent pricing, security measures, or technical limitations;
   6. Engage in any conduct that could damage, disable, overburden, or impair the Website; or
   7. Use the Website for any fraudulent or unlawful purpose.
2. We reserve the right to report any suspected criminal activity to relevant authorities and to cooperate with law enforcement investigations.

13. FORCE MAJEURE

1. We are not liable for any failure or delay in performing Our obligations under these Terms to the extent that such failure or delay is caused by a Force Majeure Event.
2. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected Order by written notice.

14. TERMINATION

1. We may suspend or terminate Your access to the Website or Your account at any time if You breach these Terms.
2. Upon termination, all rights granted to You under these Terms will immediately cease.

15. DISPUTE RESOLUTION

1. If a dispute arises between You and Us, You agree to first attempt to resolve the dispute informally by contacting Us at info@nationalwelding.com.au.
2. If the dispute cannot be resolved informally within 30 days, either party may refer the dispute to mediation before commencing legal proceedings.

16. GENERAL

1. Governing Law: These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
3. Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of that provision or any other provision.
4. Entire Agreement: These Terms, together with Our Privacy Policy and Returns Policy, constitute the entire agreement between You and Us and supersede all prior agreements and understandings.
5. Assignment: You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent. We may assign or transfer Our rights and obligations without Your consent.
6. Notices: Any notice required to be given under these Terms must be in writing and sent to the addresses specified on the Website or in Your account details.

 

17. CONTACT INFORMATION

If You have any questions about these Terms, please contact Us at:

National Welding Supplies Pty Ltd

ACN: 074 612 105

Email: info@nationalwelding.com.au

Website: www.nationalwelding.com.au