This agreement is a contract between the Customer (you) and McBeanwha Pty Ltd (McBeanwha). These terms and conditions apply to the ordering and purchase of goods from www.whassupps.com.au
Please read the following Terms and Conditions carefully before placing your order with McBeanwha . These Terms and Conditions contain important information about the ordering, processing of goods, including limitations of liability.
If you do not understand these Terms and Conditions, or if you have any questions, please contact us by any one of the following means during business hours Monday to Friday.
Call: 07 4773 7043
Post: Attn: Management
4 Bell Miner Way
Bohle Plains, Qld, 4818
Customer means any person, firm or corporation ordering goods from McBeanwha.
Delivery Agent means a provided engaged by McBeanwha for the purposes of delivering the goods to the Customer
Goods means the items offered for sale, described or displayed on the Website.
GST means the goods and services tax as defined in a New Tax System (Goods & Services Tax) Act 1999 as amended.
McBeanwha means McBeanwha Pty Ltd of 2 Kern Brothers Drive, Kirwan, QLD 4817
Order means a request by you to purchase Goods from McBeanwha in accordance with these terms and conditions.
Personal Information has the meaning defined under the Privacy Act 1988 (Cth)
Terms and Conditions means these Terms and Conditions, amended from time to time.
“Us” or “We” or “Our” means the Company specified in this quotation and includes its successors and assigns or any person acting on behalf of and with its authority.
“You” or “Your” means You specified in this quotation.
2.1You agree to be bound by these Terms and Conditions when you submit an Order.
2.2Each Order you place will be a separate and binding agreement between you and McBeanwha with respect to the supply of Goods, in accordance with these Terms and Conditions.
3. PLACING ORDERS
3.1An Order submitted by you on the Website is an offer by you to purchase Goods for the price displayed on the Website.
3.2When McBeanwha accept an Order, it accepts your offer to purchase the Goods and represents and agreement for McBeanwha to supply you the Goods in accordance with the Order and these Terms and Conditions.
3.3You agree to provide complete and accurate personal details to enable the processing and delivery of your Order. This information will be also used by the Delivery Agent to fulfil your Order.
4. AVAILABILITY OF GOODS
4.1You acknowledge and agree that Goods on the Website may be out of stock or unavailable and McBeanwha may not be able to fulfil your order. If this occurs, McBeanwha will endeavour to source the Goods or contact you within seven (7) business days to arrange for a refund of the unavailable Goods.
4.2You acknowledge and agree that:- (a) All pictures and images of Goods displayed on the Website are for illustration purposes only; and (b) You have read any corresponding written description of the Goods prior to submitting your Order; (c) Any accessory featured with the Goods is for illustration only.
5.1The Price in respect of a Good is specified on the Website.
5.2You can pay for your Goods by any of the methods specified on the Website. When paying by credit card, you authorise McBeanwha to debit your nominated card once the Order is submitted.
5.3Any payment in respect of an Order must be cleared by McBeanwha before Orders are collected/ dispatched.
5.4If your payment cannot be processed, your order will be rejected.
6. ACKNOWLEDGEMENTS BY YOU
6.1You acknowledge that:- (a) You have not relied on any advice, recommendation, information or assistance provided by McBeanwha or any employee or agent of McBeanwha in relation to the sale of goods or the use or application of such goods. (b) You have the sole responsibility to satisfy yourself that the goods are suitable for your use whether or not such use is known to McBeanwha. (c) The Order is for the Supply of goods only and does not include any service fees, commissioning, training or any other services for the goods supplied under this Order. The risk and obligation to be properly trained in the use of the goods supplied under this quotation rests on you. (d) You acknowledges that any warranty given is respect of the Goods is the warranty of the manufacturer of the goods and that McBeanwha is not responsible for such warranties and gives no warranty of its own in respect of the said goods. (e) You acknowledge that McBeanwha will not be liable in any case for any consequential or other direct or indirect loss or damage arising from the Order of the Goods.
7.1The price of Goods purchased does not include Delivery costs. Delivery costs will be an additional charge proportionate to the size of the order and the distance the order must travel to reach you.
7.2Good will be posted to the address stipulated in the Order. You are responsible for ensuring that someone is present to accept the Delivery.
7.3McBeanwha may post the Goods in instalments if not all of the Goods are available at the same time for delivery.
8. TITLE OF GOODS
8.1Until such time as payment in full has been received by us in cleared funds, title in the Goods shall remain in us. The risk in the goods passes to you from the moment the Goods are posted to you and you indemnify us from any claim, loss or expense whatsoever arising from your failure or request.
9. AUSTRALIAN CONSUMER LAW
9.1Australian Consumer Law provides for rights and remedies of consumers.
9.2Where you believe an item fails to meet a guarantee, you may have rights against McBeanwha or the Manufacturer. If there is a major failure with the item, you may choose a refund, exchange or repair. If the failure is minor, McBeanwha will repair the item (or, at our discretion, McBeanwha may replace the item).
9.3Where an item is damaged through misuse or abnormal use, McBeanwha cannot provide a refund, exchange or repair, whether the fault is identified by McBeanwha or the manufacturer.
9.4Nothing in these terms shall oblige McBeanwha to accept returns of goods for credit if such goods were damaged during their assembly or installation and nothing shall oblige McBeanwha to pay any of the costs of assembly or installation or make it responsible for any losses arising from defective assembly or installation.
9.5McBeanwha will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
10. CHANGE OF MIND POLICY
10.1Please choose your Goods carefully as McBeanwha will not refund or exchange Goods if you simply change your mind.
10.2This policy does not affect your statutory rights under Competition and Consumer act 2010.
11. RETURN OF GOODS
Refunds will be given using your original payment method.
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