服务条款
This website is owned and operated by DZ ELECTRICAL PRODUCTS Pty Ltd A.B.N. 79 661 699 369 (“DZ Electrical Products”).
These Terms & Conditions apply to the website at dzelectrical.com.au ("Website") which provides electrical products and related goods and services.
Please read this Agreement carefully before accessing or using the Website. They apply to browsers on the Website and customers of DZ Electrical Products who use the Website.
These Terms & Conditions will apply to orders made by you using the Website. Product and service descriptions and pricing from time to time are specified on the Website. Incorporated into these Terms & Conditions by reference is your current account (if any) as a customer of DZ Electrical Products, which includes your choice of products and services from time to time. On the terms and conditions of this Agreement, DZ Electrical Products agrees to provide such products and services and you agree to accept them.
SECTION 1 - DEFINITIONS
“You” and “your” refer to all users of the Website, including registered users, and “we”, “us” and “our” refer to DZ Electrical Products.
SECTION 2 - LEGALLY BINDING CONTRACT
2.1 These Terms & Conditions constitute a binding legal contract between you and DZ Electrical Products. You agree that you will be legally bound when you click an "I agree," "I consent," or other similarly worded "button" or entry field on the Website with your mouse, keystroke, or other data entry mechanism. Those clicks are a legal equivalent of your handwritten signature.
2.2 The Terms & Conditions in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.
2.3 If DZ Electrical Products develops revised terms of use, then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website, you will be taken to have accepted the revised terms of service.
2.4 If you do not agree with the terms of service applicable at any time, do not access, use, submit information to or download from the Website.
2.5 The Website and these Terms & Conditions may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last updated date appears at the end of the Terms & Conditions specifying the date of the last update coming into force.
2.6 Specific Website facilities, features, offerings, incentives, areas, sections, communities, and discussion groups may also have additional guidelines which govern your use of the Website. You must comply with them in addition to these Terms & Conditions. By participating in them you agree to be bound to their additional rules.
2.7 You represent that you are either 18 years of age or older and are fully qualified and empowered to enter these Terms & Conditions or you represent you are a minor over the age of 13 and warrant that you have obtained parental consent.
SECTION 3 - PRICES, DELIVERY AND FREIGHT FEES
3.1 We use Australia Post and several Courier Companies to deliver products to all States and Territories of Australia. For international customers please contact us via phone or email. If you have any issues with your delivery please contact us as soon as possible, but no later than within seven (7) days of delivery, and we will try to rectify any issue.
3.2 For delivery please allow up to four (4) to fifteen (15) days from order placement and payment confirmation. All prices include goods and services tax (“GST”).
3.3 Any delivery date or time given will be on the basis that it is an estimate. Delayed or late delivery of goods does not confer on you any right of cancellation, termination, or refusal of delivery. You will not be relieved of your obligation to accept delivery because of any delayed or late delivery.
3.4 All prices are in Australian dollars and are inclusive of GST. The total cost of your order is the price of the product(s), GST, and any delivery and packaging charges.
3.5 Free freight applies for items over $500 inclusive of GST unless otherwise stated, including but not limited to the bulky item(s), heavy item(s) (including cable, cable duct, conduit, and Metal Enclosures) or items being shipped to a remote or regional area or postal code.
3.6 See Shipping Policy.
SECTION 4 - ORDER PROCESS
4.1 (You make the order) You must be 18 years or over to buy, receive or accept delivery of products from DZ Electrical Products or Australia Post. To make an order you will need to provide your name, contact details, age, delivery address, and credit card details. Orders also require you to confirm your acceptance of these Terms & Conditions. You warrant that all your details provided to us are true and correct, including your name, email address, credit card details and delivery location.
4.2 (DZ Electrical Products checks availability) DZ Electrical Products will receive your customer order via email, phone, order form or website shopping cart. DZ Electrical Products checks that the stock you selected is available and ready for delivery to you. If the freight charge (or any other component of the charges) for your order needs variation given your specific situation or requirements, we will contact you to confirm if you still want to proceed with your order.
4.3 (DZ Electrical Products processes your order) If your order is accepted then we will process it. Our obligation to deliver will be discharged on arrival of the order at the delivery address you nominated in your order and acceptance thereof by an adult. You authorise us to apply the applicable charges as calculated on the basis specified on our website, MMS or SMS messages, or other relevant communications at or about the time of your order. These normally include the goods charge, freight charge, and GST. Where applicable, they will also include any charge associated with damaged, lost, stolen or unreturned goods.
4.4 (You acknowledge receipt) For ease of delivery and tracking of your ordered product, we prefer that where possible you provide an address where you will be available to sign, or otherwise accept receipt, on delivery during normal business hours.
4.5 (Australia Post Calling Card) Australia Post may leave your product at the local post office if they have been unable to deliver to your specified delivery address. In this instance, Australia Post will leave a Calling Card. If Australia Post does not hear from you within seven (7) days of leaving a Calling Card, they will contact DZ Electrical Products to clarify further action.
4.6 (Legal Title and Risk) Until full payment is made legal title to the goods remains with DZ Electrical Products. Risk in the goods passes to you on delivery.
4.7 Return, Exchange, and Refund Policy
If you no longer require any unused products you bought, or you're not 100% satisfied, you can return them to us for a full credit. All we ask is that you send the items back to us in the original packaging, in saleable condition and packed in a suitable outer carton.
Once your return is received and processed in the warehouse (usually within 48 hours of receipt here), you will receive a credit for the items you returned.
SECTION 5 - LICENCE, PERMITTED USE AND PROHIBITIONS
5.1 Your use of the Website must not breach these Terms & Conditions, DZ Electrical Products’ statements on pages of the Website, and any agreement on the Website to which you become a party.
5.2 DZ Electrical Products requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.
5.3 You must make all appropriate or proper disclosures (including as regards any relevant affiliation or interest) to avoid any perceived breach of these prohibitions, unethical practices or any conflict of interest.
SECTION 6 - INTELLECTUAL PROPERTY
6.1 The content of the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website are the property of DZ Electrical Products or licensors to it unless noted otherwise.
6.2 The Website and its content are protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, changed, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted on the Website are reserved by DZ Electrical Products.
6.3 Except for your own user content (if any), you may not upload or republish the Website and any part of its content on any online network, intranet or extranet website or incorporate Website information in any database or compilation.
6.4 For any written permissions, email DZ Electrical Products (see email address on the Website) or the relevant copyright owner or controller.
6.5 All names, logos and signs on the Website are the trademarks of their respective owners. This is our trade mark: DZ Electrical Products™.
6.6 Do not upload files or post messages to the Website that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (i.e. hypertext links).
SECTION 7 - USER-GENERATED CONTENT LICENCE AND CONSENT
7.1 By posting each comment, submission, post or other content to the Website (including in advertisements, profile pages, feedback, ratings, messages or posts in the forum (if any) or any form of communication or other content on, through or with the Website), you automatically grant to DZ Electrical Products, its licensees and assigns an irrevocable, perpetual, non-exclusive, royalty-free licence throughout the world to use, publish and display that content.
7.2 You irrevocably consent to all DZ Electrical Products’ acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically, you consent to DZ Electrical Products’, or others authorised by DZ Electrical Products, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.
SECTION 8 - FACILITIES
8.1 Comments, Submissions, Posts and Materials
The Website has or may have facilities that are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to the Website. The Website has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.
DZ Electrical Products does not warrant the accuracy, integrity or quality of any user-generated material or information. DZ Electrical Products is not liable for any user-generated information on the Website or elsewhere received from you or other users, including any errors or omissions in the information, or for any loss or damage of any kind incurred as a result of the use of information from you or other users.
Comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. DZ Electrical Products accepts no liability for comments, submissions, posts or material by users.
It is a condition of your access to the Website, and in particular use of the Website forum (if any), that you must not make or add any feedback, comment, submission, post or material that is in DZ Electrical Products’ opinion:
(a) in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit the use and enjoyment of the Website by others;
(b) involving you in contacting anyone who has asked not to be contacted;
(c) defamatory or derogatory of other persons;
(d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in the Copyright Act 1968 (Cth));
(e) untrue, misleading or deceptive;
(f) discriminatory, offensive or capable of inciting violence or hatred;
(g) in breach of any applicable laws or regulations;
(h) commercial advertising;
(i) use offensive language;
(j) employs a misleading email address or otherwise manipulates identifiers that disguise the origin of information communicated or transmitted through the Website;
(k) an intentional post in an irrelevant category or involving an off-the-topic comment, a repeated post with the same or similar information unless it is a recurring activity or an otherwise unreasonable load on the Website;
(l) an attempt to gain unauthorised access to DZ Electrical Products’ computer systems or activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or
(m) a file or code containing a virus, trojan, malware or worm.
In Australia and other countries, feedback, ratings, and comments may be defamatory. DZ Electrical Products accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from feedback, ratings or comments. You release forever and indemnify DZ Electrical Products from any liability for any feedback, ratings or comments on the Website.
Feedback, ratings, comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. DZ Electrical Products does not endorse, control, agree with or otherwise comment on that feedback, ratings, comments or other user content. DZ Electrical Products accepts no liability for feedback, ratings, comments, submissions, posts or material by users.
DZ Electrical Products may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any comments, submissions, posts or material you make or add to the Website. DZ Electrical Products does not endorse, control or accept liability for user-generated content, messages or information.
DZ Electrical Products at times may be legally obligated to disclose personal information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. DZ Electrical Products may disclose such details as it is required or at its discretion.
SECTION 9 - TAXATION
9.1 DZ Electrical Products may issue tax invoices to you but has no responsibility for determining the necessity of or for issuing any invoice, or for determining, remitting, or withholding any tax or impost of any kind (including withholding tax, stamp duty, goods and services tax and any other type of value added tax) in connection with any use of the Website.
9.2 Where GST applies, DZ Electrical Products may deduct the GST it incurs from each user's payment and DZ Electrical Products may issue the user with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9.3 Each user is solely responsible for determining his or her own obligations and compliance responsibilities (or that of any related entity) under applicable law. You and any related entity hereby jointly and separately indemnify DZ Electrical Products concerning all such obligations and responsibilities.
SECTION 10 - SECURITY
Each user:
(a) is responsible for the security and use of his or her username and password and must take all reasonable steps to ensure they are kept confidential and secure;
(b) must not allow any third party or unauthorised person to access the Website using that username or password; and
(c) must immediately notify DZ Electrical Products of any unauthorised use of a username or password or any other breach of security.
DZ Electrical Products is not liable for any loss or damage arising from your failure to comply with this clause.
SECTION 11 - PRODUCT WARRANTIES AND WARRANTY CLAIMS
11.1 Each product’s warranties are governed by the warranties and other terms and conditions (if any) of the relevant manufacturers and suppliers. We will not be liable to you or any third party for any loss suffered due to product failure.
11.2 All products on the Website must be installed by a licensed electrician. Any manufacturer or supplier warranties for a product may be void if not installed by a licensed electrician.
11.3 You can return faulty products to us with the receipt, within the warranty period for their repair, replacement or refund once the faulty product is received and checked by DZ Electrical Products or the relevant manufacturers and suppliers, or where applicable, all those parties
11.4 Where faulty products are installed, a warranty claim form may need to be submitted to the relevant supplier of those goods.
11.5 No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third-party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website. Links are provided only as a convenience. Some third-party advertisements contain representations or offers by the third-party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by DZ Electrical Products, and we are not responsible to you for any transactions you have with any third party.
11.6 All product warranties are Replacement Warranties only. This means we will only give you a 1 for 1 replacement for the faulty product. There will be no payment/compensation on labour or time on replacing the product.
SECTION 12 - LINKS POLICY
You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.
SECTION 13 - INDEMNITY
You indemnify DZ Electrical Products from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms & Conditions, or any demand or complaint made by another user against you for any comment, submission, post or material made or added by you or authorised by you for the Website.
SECTION 14 - DISCLAIMERS AND LIABILITY
14.1 The Competition and Consumer Act 2010 (Cth) and other legislation confer rights and remedies concerning the provision of goods and services which cannot be excluded, restricted, or modified. Despite anything to the contrary in these Terms & Conditions, the disclaimers and limitations specified in these Terms & Conditions only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
14.2 The Website is provided for informational purposes only and is not intended as professional advice, or as a substitute for professional advice. You should not act based on anything contained on the Website without first obtaining any necessary or prudent professional advice.
14.3 All care and diligence are taken to ensure the accuracy and currency of information. However, your use of the Website is at your risk. The Website is provided “as is” and you accept and use it at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from the use of the Website, except as expressly specified in this Agreement.
14.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in this Agreement, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Website and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Website will be uninterrupted or error-free, except as may be expressly specified in this Agreement. Further, we limit our obligations and liability for the repair, replacement or refund to the purchase price of any goods to our obligations under the Competition and Consumer Act 2010 (Cth) and other legislation in New South Wales.
14.5 DZ Electrical Products, its trustees, related bodies corporate, directors, officers, employees, agents, contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website make no representation and accept no responsibility or liability for:
(a) error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything is done or not;
(b) loss of data, theft, delays, non-deliveries, misdeliveries, or service interruptions caused by their negligence, errors or omissions;
(c) demands, claims, actions, proceedings, settlements, liability, expenses, damages, costs or losses of any type which may be incurred (either actual or contingent) in the event of any loss, damage, or destruction of tangible or intangible property (including equipment, computer programs and data or any loss of use of any of them), death, bodily injury, disability, sickness, disease, mental incapacity, insanity, accident or event whether relating to you or third parties, wilful, unlawful or negligent act or omission or breach of the law, violation of any statute, regulation, by-law or ordinance; or
(d) special, incidental, indirect, consequential, exemplary, or punitive damages of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs);
whether based on contract, equity, statutory law, tort, criminal law, property, bailment, trust, unjust enrichment or any other legal theory, arising out of the delivery, installation, training, use, performance or support of the Website or if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.
14.6 The disclaimer's limitations of liability, exclusions of liability, and recommendations in the preceding paragraphs apply to all content on the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website.
SECTION 15 - TERMINATION
Without limitation to other provisions in these Terms & Conditions, DZ Electrical Products may at its discretion refuse service, suspend or terminate any access or account you may seek or have for the Website. DZ Electrical Products may do so, for example, but without limitation, if it believes you will breach or have breached these Terms & Conditions or have submitted false, inaccurate, untrue, unauthorized or incomplete information; if a request is made by law enforcement or other government or regulatory authorities; or due to technical difficulties.
SECTION 16 - CONSTRUCTION
In these Terms & Conditions, unless the context otherwise requires:
(a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
(b) a reference to these Terms & Conditions is a reference to these Terms & Conditions as may be varied, supplemented, novated, or replaced from time to time;
(c) words in the singular number include the plural and vice versa;
(d) headings, underlines, indexes and lists of contents are for convenience only and do not affect interpretation;
(e) "including" and like terms mean "including but not limited to";
(f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
(g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted this Agreement or part of it.
SECTION 17 - PRIVACY POLICY
By using the Website, you acknowledge that you have read our privacy policy statement and consent to it. The Full privacy policy is available at: https://dzelectrical.com.au/policies/privacy-policy
SECTION 18 - GENERAL
18.1 Relationship of Parties
Nothing in these Terms & Conditions is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
18.2 Limitation
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.
18.3 Composition
These Terms & Conditions are subject both to any agreement between you and DZ Electrical Products which expressly supersedes these Terms & Conditions and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.
18.4 Variation
These Terms & Conditions or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.
18.5 Waiver
No provision of these Terms & Conditions is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.
18.6 Severability
If a provision, or part of it, of these Terms & Conditions, is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms & Conditions will otherwise remain in full force.
18.7 Governing Law and Jurisdiction
These Terms & Conditions must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises concerning them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.