Webshop Terms & Conditions

January 2016

Unless the customer has another valid written agreement with Pricewise Insulation the following terms and conditions of online sales apply to and govern all sales made through the Pricewise Insulation Website and online store (www.pricewiseinsulation.com.au). The section titled Warranty on Installation Service applies to all sales where Pricewise Insulation agrees to supply and install (or to only install) the insulation for the customer.

By purchasing Pricewise Insulation products through the Pricewise Insulation Website, you agree to the terms below.

  1. Definitions

“Business Day” means between 8am and 5pm, Monday through to Friday, excluding public holidays in Australia.

“Delivery” means standard Pricewise Insulation shipping to, and arrival at, the delivery address specified in your order form.

“Products” means Pricewise Insulation products and or accessories that are available for purchase from the Pricewise Insulation online store at the time of your order.

“Shipment” means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.

“You” and “Your” means the user of the Website and where applicable, the purchaser of the Product, as identified in the Pricewise Insulation login form on the Pricewise Insulation online store.

“We”, “Us” and “Our” means Pricewise Insulation and any employee, contractor or agent acting on Our behalf.

  1. Product Prices

Product prices are given inclusive of GST and exclude Delivery charges, which also include GST. Coupons are non-transferrable, cannot be exchanged for cash or any other benefit, and can only be used by the person or company to whom it was originally sent.

 

  1. Orders

All orders are subject to acceptance by Pricewise Insulation, as evidenced by Our acknowledgment by way of an automatically generated receipt from the Website. We reserve the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.

We will make all reasonable efforts to process Your order within 1 Business Day of receiving Your order. Orders placed on the weekend or on a Public holiday will not begin processing until the next Business Day.

We reserve the right to discontinue Products without notice, or to not supply any Product for any reason.

If your order is for a Product that is out of stock, Pricewise Insulation will notify You and may offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If you choose to take a substitute Product, you order will be amended and a new acknowledgment will be sent to you by Pricewise Insulation. If you choose to cancel your order due to any product you ordered not being in stock, and if you have already made a payment for your order, then you may also request to receive a full reimbursement of the payment amount(s) you have already made towards the cancelled order, and Pricewise Insulation will reimburse your payment within 1 Business Day of receiving your request for the reimbursement.

  1. Delivery

Provided your delivery address is a physical address within Australia, Pricewise Insulation will make all reasonable efforts to despatch or make available for pickup, Your Products within 2 Business Days, or the time stipulated in Your order form. If we are unable to deliver Your products within the specified time for any reason, we will notify you of any expected delay and may offer the option of a substitute Product (which may be a different price) or a refund of the payment made. If You choose to take a substitute Product, Your order will be amended and a new acknowledgment will be sent to You by Pricewise Insulation. If You have any additional queries regarding your order please contact Us via the details on the Contact page on our Website.

Pricewise Insulation will only deliver to a physical address within Australia. We do not deliver to PO boxes.

  1. Shipment and Risk of Loss

Pricewise Insulation will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received by Us from You for the Products you have ordered and for any associated freight costs.

  1. Freight Damage, Goods Not Received and Defective Products Notification

Notice of transit damage, goods not received or any claims for defective Products should be made to Pricewise Insulation Sales Support on 1300 729 639 immediately upon Delivery of the Products, and no later than within 48 hours of Delivery of the Products. We reserve the right to investigate any such claims in order to verify the legitimacy of such claims, prior to paying any refund. Should we refuse to pay you a refund or offer you a replacement, we will provide you with a written reason for this refusal.

  1. Privacy

By using this Website, You understand and agree that Pricewise Insulation will collect, use and disclose personal information provided or collected through or in connection with the Pricewise Insulation online store.

We will use the information we collect in order to help Us provide the best possible service to You. Additionally We may use Your contact information to inform You of special offers. If you do not wish for us contact you, please email sales@pricewiseinsulation.com.au or call 1300 729 639 and advise us of this.

We will not disclose Your personal information to any unrelated entity for any reason, unless We are required to do so by law.

If You provide Us with personal information about someone else, You must first ensure that they are aware of and agree with Clause 7 in these Terms and Condition, and that they agree to Pricewise Insulation collecting and handling their personal information as described in this Clause.

  1. Payment

Your order will be processed and despatched or made available for pickup once the payment has been made in full using the approved payment options offered at the time of placing Your order. Incomplete or partial payment will not be accepted, and may result in delays in processing Your order.

  1. Statutory Consumer Guarantees

Pricewise Insulation acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, consumers can rely on a guarantee that goods are of acceptable quality and are reasonably fit for purpose; and that services will be provided with due care and skill and are reasonably fit for their purpose.

These Terms and Conditions are not intended to exclude or restrict these guarantees.

10.  Pricewise Insulation Warranty

In addition to the rights in Clause 9 above, and unless otherwise stated on the product description, all Products sold via the Pricewise Insulation online store are new and carry a Pricewise Insulation warranty against faults and manufacture when used and applied according to the manufacturers’ instructions. These instructions are usually available on the website of the product manufacturer.

In the event of Pricewise Insulation receiving a notice of faults, a refund will only be provided upon prompt return of the Product to Pricewise Insulation. This warranty excludes damage caused by misuse or neglect by You, incorrect installation by You, no fault found with the Product or work carried out by anyone other than an authorised Pricewise Insulation Service Agent.

Pricewise Insulation will replace or issue a refund for Pricewise Insulation or Pricewise Insulation accessories purchased from this Website at no charge, if found to be inadvertently misrepresented due to error in detail or specifications. You must provide evidence of purchase in the form of Your receipt to authenticate your warranty.

The benefits to You given by the Pricewise Insulation warranty are in addition to other rights and remedies available to You under law in relation to the goods or services to which this warranty relates. In Australia, Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Without limiting Clauses 8 or 9 above Pricewise Insulation or any of its officers, employees or agents shall have no other liability or responsibility to You in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from Your use of the Product; or Your use of the Pricewise Insulation Website or any linked website (nor does Pricewise Insulation accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Pricewise Insulation Website or any linked website), save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of Pricewise Insulation, or any of its officers, employees or agents; and

Pricewise Insulation or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from the misuse or neglect by You, incorrect installation by You, or work carried out by anyone other than an authorised Pricewise Insulation Service Agent on the Product, including the use of the Product other than according to its written instructions and any product safety labeling or warnings provided with the Product.

Warranty on Installation Service

Pricewise Insulation may also agree to install insulation for a customer for a fee. All insulation jobs are quoted in advance and will take into account a number of factors which may typically affect the cost to Pricewise Insulation of carrying out the job.

  • In order to quote and organise a job, Pricewise Insulation relies on our customers to provide specific facts and estimates about the job, including but not limited to factors such as
    • The area (in m2) to be insulated
    • How the work area is to be accessed by the installer(s)
    • The ease or difficulty of maneuverability in and around the work area
    • The spacing between any wall, ceiling or underfloor framing.
  • Pricewise Insulation reserves the right to charge an additional fee in circumstances where
    • The information provided to Pricewise Insulation is incorrect AND
    • where this results in the job being more difficult, time-consuming or costly.
  • Unless otherwise agreed in writing, any left over or unused bags of insulation shall be collected by Pricewise Insulation, at no delivery expense to the customer.
  • The customer is not entitled to any refund with regards to any left-over materials, even if, after Pricewise Insulation has commenced organising the job, the customer claims or demonstrates that the area to be insulated is less than originally estimated or calculated.
  • Unless otherwise compelled by applicable law, Pricewise Insulation’s liability with regards to the supply-and-install of insulation, shall be to exercise reasonable care, to respect any reasonable requests from the customer, and to install the insulation to an acceptable standard.
  • Pricewise Insulation may, at its sole discretion, engage an external contractor to carry out the installation on its behalf.
  • The engagement of an external contractor shall in no way affect the agreement between the customer and Pricewise Insulation with regards to the job which the contractor is doing for the customer, on behalf of Pricewise Insulation.

Any Advice is General in Nature

Pricewise Insulation does, in the general course of its business, provide general advice to customers to its customers both verbally, in writing, and via the website on matters such as

  • Which brand, type, or R-Value could be suitable for the customers needs
  • Acoustic and soundproofing solutions
  • Installing insulation
  • Referring an external contractor to the customer
  • Other related matters.

All information and advice is intended to be general in nature, and does not take into account all of the customers circumstances. Pricewise Insulation offers no warranty that any advice given is suitable for any particular person, and recommends all its customers to do their own research and consider obtain independent advice before purchasing or installing insulation. It is also the customer’s responsibility to ensure that they comply with all applicable laws, codes and regulations.

Cancellations, Returns and Refunds

In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 and other applicable consumer laws, Pricewise Insulation may at its discretion issue You a refund if Pricewise Insulation has provided its written consent and:

the order is cancelled prior to the Shipment of the Product; or

the Product is returned within 30 days of purchase without being opened or damaged.

Collection charges will apply depending on the place of collection. Pricewise Insulation may deduct reasonable collection charges from the amount to be refunded, and may also charge a minimum 15% restocking fee on the return of standard stocked products. The restocking fee may be higher for non-stocked products, or products which are manufactured to order. Products or parts will not be accepted for return or credit without Pricewise Insulation’s prior written consent.

Customer Service Support

If You have any queries regarding your Pricewise Insulation Website purchase order, Your Product or warranties, returns or refunds, or if you need support for your Product, please contact Pricewise Insulation Sales Support on 1300 729 639.

General

These Pricewise Insulation Website Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of Australia.

Pricewise Insulation will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including but not limited to forces of nature, industrial action, freight incidents and action or inaction by a Government Agency.

You must not assign any of your rights or obligations under these Pricewise Insulation Website Terms and Conditions without the prior written consent of Pricewise Insulation.

Provisions of these Pricewise Insulation Website Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.

Please be aware that your use of the Pricewise Insulation Website, are also subject to the website disclaimer. Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.

Your use of this Website and where applicable Your purchase of the Products will constitute your acceptance of these Pricewise Insulation Website Terms and Conditions. The Website Terms and Conditions are effective as at the date specified above and may be amended by Pricewise Insulation from time to time. Amendments to these Pricewise Insulation Website Terms and Conditions will be published on the Pricewise Insulation Website (www.pricewiseinsulation.com.au)

 

 

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