Terms of service
OVERVIEW
This website is operated by Everlast Australia. Throughout the site, the terms "we", "us" and "our" refer to Everlast Australia.
Everlast Australia offers this website, including all information, tools, products and services available from this site, subject to your acceptance of these Terms of Service, together with any policies and notices referenced on this website.
By accessing our website and/or purchasing products from us, you agree to be bound by these Terms of Service.
If you do not agree to these Terms, you should not access or use this website.
We reserve the right to update, modify or replace any part of these Terms at any time by posting changes to our website. Continued use of the website following any changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell products and services to you.
SECTION 1 – ONLINE STORE TERMS
By using this website, you confirm that you are at least 18 years of age or the age of majority in your state or territory of residence.
You may not use our products, services or website for any unlawful or unauthorised purpose.
You must not transmit any malicious code, viruses, worms or other harmful software through our website.
A breach of these Terms may result in the termination of your access to our website and services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason permitted by law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website, content, products or services without our prior written consent.
Credit card and payment information is encrypted and processed securely through approved payment providers.
SECTION 3 – WEBSITE INFORMATION
We make reasonable efforts to ensure information on this website is accurate and up to date.
However, information provided on this website is for general information purposes only and should not be relied upon as the sole basis for making decisions.
We reserve the right to modify website content at any time without prior notice.
SECTION 4 – PRICING & AVAILABILITY
All prices displayed on our website are subject to change without notice.
We reserve the right to modify, discontinue or limit the availability of any product or service at any time.
In the event of a pricing error, we reserve the right to cancel or refuse any order and provide a refund where applicable.
Please refer to our Pricing Policy for further information.
SECTION 5 – PRODUCTS
Certain products may only be available online and may be available in limited quantities.
We make every effort to accurately display product descriptions, specifications, images and colours. However, we cannot guarantee that your device will accurately display colours or finishes.
We reserve the right to limit quantities, discontinue products or refuse orders at our discretion.
Warranty coverage for applicable products is governed by our Warranty Policy.
Products sold by Everlast Australia are intended for use within Australia unless otherwise agreed in writing.
SECTION 5A – PRODUCT USE & SAFETY
Many products sold by Everlast Australia are intended for professional, trade, industrial or workshop use.
Customers are responsible for ensuring products are installed, operated and maintained in accordance with manufacturer instructions and all applicable safety requirements.
To the extent permitted by law, Everlast Australia accepts no responsibility for injury, loss or damage resulting from misuse, improper installation, modification, neglect or failure to follow operating instructions.
Customers should ensure operators are appropriately trained and qualified where required.
SECTION 5B – PRE-ORDER PRODUCTS
From time to time Everlast Australia may offer products on a pre-order basis.
Estimated arrival and delivery dates are provided as guides only and may be affected by supplier production schedules, international shipping schedules, customs clearance, freight carrier delays and other circumstances outside our control.
By placing a pre-order, you acknowledge that delivery dates are estimates only and may change.
SECTION 6 – BILLING & ORDER INFORMATION
We reserve the right to refuse, limit or cancel any order placed through our website.
If we modify or cancel an order, we may attempt to notify you using the contact details provided at checkout.
You agree to provide current, complete and accurate billing, shipping and account information for all purchases.
For information regarding returns, refunds and shipping, please refer to our separate policies.
SECTION 7 – THIRD-PARTY TOOLS
We may provide access to third-party tools, software or services over which we have no control.
Such tools are provided "as is" and "as available" without warranties of any kind.
Your use of any third-party tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites.
We are not responsible for the content, accuracy, policies or practices of any third-party websites and accept no liability arising from their use.
SECTION 9 – USER FEEDBACK & SUBMISSIONS
Any comments, suggestions, feedback or other submissions provided to Everlast Australia may be used by us without restriction.
We are under no obligation to maintain submissions in confidence, provide compensation or respond to submissions.
You are solely responsible for any information you provide.
SECTION 10 – PRIVACY
Your submission of personal information through our website is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES & OMISSIONS
Occasionally information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct any errors, update information or cancel orders at any time without prior notice.
SECTION 12 – PROHIBITED USES
You may not use this website:
- For any unlawful purpose;
- To violate intellectual property rights;
- To distribute malicious software;
- To submit false or misleading information;
- To interfere with website security;
- To collect personal information without consent;
- To harass, abuse, intimidate or discriminate against others.
We reserve the right to terminate access to our website for breaches of these Terms.
SECTION 13 – DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
We do not guarantee that access to our website will be uninterrupted, secure or error-free.
To the maximum extent permitted by law, all products and services are provided on an "as is" and "as available" basis.
To the fullest extent permitted by law, Everlast Australia will not be liable for any indirect, incidental, consequential or special damages arising from the use of our website, products or services.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
SECTION 14 – INDEMNITY
You agree to indemnify and hold harmless Everlast Australia, its owners, employees, contractors and affiliates from any claims, damages, liabilities, costs or expenses arising from your breach of these Terms or misuse of our products or services.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by either party.
We reserve the right to suspend or terminate access to the website where we reasonably believe a breach of these Terms has occurred.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy, Shipping Policy, Warranty Policy, Returns & Refund Policy and Pricing Policy, constitute the entire agreement between you and Everlast Australia regarding use of our website and services.
SECTION 18 – GOVERNING LAW
These Terms of Service are governed by and construed in accordance with the laws of Victoria, Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time.
Changes will take effect immediately upon publication on this website.
SECTION 20 – CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to:
Everlast Australia
Email: sales@weldcosupplys.com.au