Terms and Conditions

This Agreement was last modified on 18 February 2016.

TERMS & CONDITIONS

By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our legal disclaimer and our privacy policy, and any other terms or conditions on this website.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will always be available on this website. By continuing to use our website you accept the Terms of Use and any changes as they apply from time to time.

 

TERMS OF USE

  1. You and Your means the user of the DER website
  2. Our, Us, and We mean Bulcs Holdings Pty Ltd trading as DER
  3. Your access to and use of the DER website is subject to these terms, our security policy and privacy policy
  4. The policies on this web site apply to this website which is operated by DER, under the domain name www.der.com.au and other associated DER websites and online stores
  5. These policies may also apply to services offered by DER on websites hosted by third parties. If so, express reference to these policies will be made on those websites
  6. As the DER website develops and as technology evolves, DER will continue striving to provide you with better and more customised services and with a more effective website. DER encourages you to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time
  1. You must use the website www.der.com.au in accordance with the Terms of Use.

 

WHAT YOU MUST NOT DO

You must not:

  1. Use DER for any activities, or post or transmit to or via www.der.com.au any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes
  2. Use this website in a way, or post to or transmit to or via www.der.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.der.com.au
  3. Use this website to send unsolicited commercial or bulk electronic mail messages to anyone
  4. Make any fraudulent or speculative enquiries, bookings, reservations or requests using this website
  5. Use another’s Member ID or name without permission
  6. Provide false information when registering or changing your registration details
  7. Impersonate another person when using this website
  8. Post to or transmit to or via www.der.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
  9. Tamper with, hinder the operation of or make unauthorised modifications to the website
  10. Knowingly transmit any virus or other disabling feature to or via the website; and
  11. Attempt any of the above acts or permit another person to do any of the above acts

 

LINKS TO OTHER WEBSITES

This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, we disclaim all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

We reserve the right to prevent third parties from linking to this website.

 

TERMS OF SALE

Prices shown are in Australian dollars and may exclude/include GST where applicable. Prices are subject to change. Images of products shown without any advertised price or call for enquiry beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.

Special order products which need to be backordered from a supplier cannot be cancelled.

 

WEBSITE INFORMATION

Each product purchased is sold subject to its Product Description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website without notice.

Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes e.g. saw blades, saw stands and other accessories.

 

PAYMENT

All payments must be made in full prior to collection or delivery.

Payments must be made via secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

 

REFUSAL OF TRANSACTION

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

ORDERS

  1. Please choose carefully we recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
  2. You and DER may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
  3. placing an electronic Order for the products using the website;
  4. you confirming the Order details in accordance with the procedure on the website;

iii. you making payment in full (plus any applicable delivery charges) on the website; and

  1. the acceptance of that offer by DER.
  2. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
  3. any requirements set out in these terms have been met;
  4. the electronic instruction containing the offer from you enters and is recorded in our database;

iii. a record is created and stored in our database; and

  1. DER receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
  2. You acknowledge that:
  3. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by DER for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
  4. to the extent permitted by law, DER is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

iii. DER may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

  1. DER may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
  2. You will receive an email from DER as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
  3. If your Order is not accepted by DER, DER will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
  4. DER may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
  5. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If DER cannot supply a particular product, DER will notify you by telephone or email as soon as possible.
  6. DER will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

 

SUPPLY & DELIVERY

Subject to you complying with these Terms and acceptance of your Order by DER, DER will sell and supply the products to you as shown on your Order confirmation.

DER aims to despatch all orders within 3 business days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity.

During the order process you will be prompted to select whether you wish to collect your Order from DER store or whether you wish the goods to be delivered and accept the delivery charges accordingly.

 

ORDERS FOR DELIVERY BY COURIER

The terms of this clause apply where you select to have your goods delivered to a specified address.

The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.

On acceptance of your Order by DER, DER will aim to despatch to your specified delivery address generally within 3 business days.

You will be required to be available in person to accept delivery of your Order.

DER will use its best endeavors to deliver your Order within any stated timeframes for despatch, however DER does not warrant that these timeframes will always be met, as many factors may affect these timeframes.

DER cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.

 

DELIVERIES THAT REQUIRE A FORKLIFT OR LOADING DOCK

If you are ordering a large item that requires a forklift or loading dock for delivery and you have these facilities available for the delivery then please tick the appropriate box at the checkout. In some circumstances this may reduce your delivery charge as we will not need to cater for these requirements. Please note, if you confirm that a forklift or loading dock is available but when the delivery arrives it is not, the delivery will be aborted and you will be charged a re-delivery fee. Your original delivery charges will not be refunded.

ORDERS FOR COLLECTION AT DER STORE

The terms of this clause apply where you select to collect your Order from DER store.

If you select to collect your goods from DER store, you will receive an email to notify you when the Order is available for collection.

Orders for collection at DER store must be collected within 21 days of you receiving the email that your Order is available for collection. If your Order is not collected within this time, DER has the right to allocate those goods to another customer and reorder the goods for you.

When collecting your items, you are required to supply a copy of your order confirmation email and photographic ID such as a drivers licence to confirm that you are the person that has placed the order. The identification must match the billing name and address details listed on the order. We will only hand goods over if we can be sure that the person collecting is the person who has placed the order. If you are placing an online order on behalf of a company and cannot physically pick-up the order, you will need to supply a driver’s license and written consent authorising a secondary person to act on your behalf in picking up your order. This can be sent via email to the collection store or through info@der.com.au

Please Note: Weekend collection will require the addition of the credit/debit card that was used to make the purchase to be presented prior to collection. The card name must match the details on the original tax invoice (confirmation email). If the above procedure is not followed, the store reserves the right to not release your order to you.

TITLE & RISK IN GOODS

Title and risk in the products, such as loss and damage, pass to you once payment has been completed, on delivery or collection, as the case may be.

PAYPAL AND CREDIT CARD FRAUD

The website employs secure payment gateway to secure our payment systems. We reserve the right to request additional identification from customers, and to reject orders where the ID is not supplied or does not meet our criteria.

To the extent permitted by law, DER will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or secure payment account (such as PayPal) is fraudulently used or is used in an unauthorised manner.

DISCLAIMER AND INDEMNITY

(1) To the extent permitted by law, DER excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(c) personal injury or property damage of any kind resulting from your access or use of the website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, DER and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, DER and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).