Puratap Buying Online Terms and Conditions
Puratap Pty Ltd (ABN 74 071 553 430)
Terms and Conditions for Online Ordering
Important Notice: The following terms and conditions (Terms and Conditions) form a legal and binding agreement between you and Puratap Pty Ltd (ABN 74 071 553 430) (Puratap).
Any reference to "us", "we" or "our" is refers to Puratap. Any reference to "you" or "your" refers to a person accessing www.puratap.com.au (this Website or “Site”) for the purposes of placing an online order with Puratap.
Please read these Terms and Conditions thoroughly.
By using this Site, or by selecting the check box in the checkout of the Puratap store, you signify that you have read, understood, accept and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our Site. Your continued use of the Site following the posting of changes to these Terms and Conditions will be deemed your acceptance of those changes.
Puratap reserves the right to amend these Terms and Conditions at any time and without notice to you. Your subsequent use of this Website following any amendment constitutes an agreement by you to be bound by the amended Terms and Conditions.
Puratap makes every effort to ensure the accuracy of information on this Website, however from time to time, such information may contain typographical errors, inaccuracies or omissions including without limitation in relation to descriptions, pricing and availability of goods. Puratap makes no representation or warranty as to the accuracy of the information on this Website and reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time.
1) Prohibited Conduct:
1.1 You must not:
a) disable any protection software associated with this Website;
b) transmit to or via this Website, any infringing, obscene, threatening or libellous material, spam or other duplicative or unsolicited messages, or other material which breaches any laws or regulations or infringes a third party's rights;
c) use another's name, email, phone number or address without their permission;
d) tamper with, hinder the operation of, make unauthorised modifications to, or disrupt the integrity or performance of, this Website;
e) attempt to gain unauthorised access to this Website;
f) transmit any viruses or other disabling feature to this Website;
g) remove any copyright, trade mark or proprietary rights notices contained in or on this Website; or
h) use this Website otherwise than in accordance with these Terms and Conditions.
2) Intellectual Property:
2.1 Unless otherwise stated, Puratap owns or has a valid license to use all intellectual property in the content of this Website, including without limitation all copyright and trade marks.
2.2 You must not modify, copy, adapt, store in retrieval system, reproduce, upload, post, transmit, sell, publish, disclose, frame or embed in another website or distribute in any way, any content contained on or in this Website, except as expressly permitted by these Terms and Conditions, or otherwise approved by us in writing.
2.3 We grant you permission to store a reproduction of material from this Website on your local computer for the sole purpose of viewing the material and to print hard copies of the material for your own use and records and for no other purpose whatsoever.
3) Entering into a Contract:
The goods and services that are featured or displayed for sale on this Website are only available for purchase by persons who have the capacity to enter into a legally binding contract. The goods and services are not available to any person under the age of 18 years nor any other person/s who do not otherwise have the capacity to enter into a legally binding contract.
4) Order Placement:
Orders will be initiated by you submitting an order to Puratap using this Website. Any order that is placed by you using this Website is an offer by you to purchase goods and/or services from Puratap for the price specified on this Website at the time you placed your order, or where the price cannot be determined at the time the order is placed, then as advised by us. We reserve the right to accept or reject your offer in whole or in part for any reason, including, without limitation, the unavailability of any goods, an error in the price or the description of goods as shown on this Website or any error or deficiency in your order. In the event of low or limited stock, Puratap customers are given priority over non-puratap customers.
5) Ordering Procedure:
How to Order:
5.1 Ordering with Puratap is simple. Please follow the below steps.
a) Simply add any goods and/or services that you wish to purchase to your shopping cart.
b) You will then be able to proceed to the checkout.
c) At the checkout you will be asked to provide us with certain information and expressly confirm your acceptance and agreement to be bound by these Terms and Conditions before proceeding to the secure payment gateway.
d) You will need to select your preferred method of payment.
e) For payment by credit card you will be redirected to PayPal Australia Pty Ltd secure Credit Card Payment Gateway to complete your payment.
f) Once your order has been completed your shopping cart will be cleared for future transactions.
Processing of your Order:
5.2 Where you elect to make payment for your order in full by credit card, Puratap will not process your order until such payment has been received by us in cleared funds.
5.3 Where you elect to pay for your order using the payment instalments option, Puratap will not process your order until you have supplied us with your credit card details and the first instalment due at the time of ordering has been received by us in clear funds.
Out of Stock Situation:
5.4 In the event that any goods ordered by you are out of stock Puratap will contact you by email or phone and give you an indication as to availability and an anticipated delivery time.
5.5 If you have paid for any goods that have subsequently sold out or are not available and you do not wish to proceed with your order we shall refund all monies paid by you to Puratap.
6.1 Prices of products and any delivery, installation and other charges and taxes displayed on this Website are current at the time of your access to this Website, but may change at any time. All prices shown on this Website are in $AUD (Australian Dollars).
6.2 All prices are exclusive of any delivery charges which will be displayed separately, if applicable.
6.3 In some circumstances, there may also be additional costs involved in the installation of goods by Puratap's licensed plumbers and/or servicemen. You will be informed of any additional charges prior to installation commencing and should you elect not to proceed with the order, we shall refund all monies paid by you to Puratap.
6.4 Installations that will incur extra fees include, but are not limited to, installations with stone/granite bench tops, fridge filter installations, roof plumbing installations. This must be paid on or before installation.
6.5 "Loyalty Price" for filters is available only to members of the Puratap Loyalty program – being customers who change their filters annually at a time and on a day when a Puratap serviceman is in their area. Puratap reserves the right to charge retail pricing when the Loyalty program has elapsed due to extended time between filter changes or missed appointments.
7) Changes to Pricing:
Puratap makes every effort to ensure that our pricing is correct and up to date. In the event that the price of your purchase/s is higher than that quoted on this Website we will contact you immediately by email or phone to advise of such change and to gain your permission to proceed with the order. Should you not wish to proceed with your order we shall refund all monies paid by you to Puratap.
8) GST and other Taxes:
8.1 All prices displayed on this Website are inclusive of Goods and Services Tax (GST) applied at a rate of 10%.
8.2 It will be your responsibility to pay any other taxes, duties, levies or charges that may be imposed by any governmental agency, including without limitation, any customs duty or any value added tax imposed on any goods or services ordered by you from this Website.
9) Delivery Information:
9.1 Puratap will install products for customers in the Adelaide metropolitan area. After submitting an order on this Website, a Puratap consultant will contact you within 3 business days to arrange installation (if applicable). Puratap gives no warranty as to availability of goods or time of delivery or installation.
9.2 If goods have been purchased for installation outside the Adelaide metropolitan area they will be sent via Australia Post to the delivery address nominated by you. The delivery address must be an address where deliveries can be made during normal business hours from Monday to Friday. A post office box address will not be accepted as a valid delivery address.
9.3 Delivery times may vary depending on your location. Any estimated time frame for delivery of goods provided by us is based on our best estimates at the time of provision. We will use our reasonable endeavours to process all deliveries within 3 working days of an order, where there is adequate stock of the goods ordered, but we will not be responsible for any delays in delivery.
9.4 Before installing any goods delivered to you, you are responsible for ensuring that the products received are in good order and that there is no damage to, or any faults or defects in the goods.
9.5 You must notify Puratap of any faulty or damaged goods within 48 hours of receipt of the goods by phone on 133 502 or email@example.com. You will be deemed to have accepted the delivered goods unless Puratap receives notice of any faulty, defective or damaged goods within this time. You waive any right to revoke acceptance after such time.
9.6 You will be required to provide evidence of any goods that are faulty, defective or damaged upon delivery, including where possible photographic evidence. Once we have received your advice of any faulty or damaged goods we will liaise with you to resolve the issue. Please refer to section 14 – Refunds & Returns for more information.
10) Payment Options:
10.1 Payment for your order must be made by use of one of the following methods (as applicable):
a) Payment in full online via the payment gateway on this Website, using a VISA card or MasterCard
b) Where goods ordered are for delivery to, and installation in, the Adelaide metropolitan area, payment may be made in full upon delivery and installation of the goods to the licensed plumber or serviceman by cash, cheque, money order, VISA, MasterCard or EFTPOS
c) Payment by instalments using a VISA card or MasterCard via the payment gateway on this Website, in the amounts and at the times set out on the Website, such amounts to be automatically charged to your credit card.
11) Payment Security:
Your privacy and the security of your information is of paramount importance to us. All our online payments are processed by a secure payment gateway using SecurePay – a business of Australia Post. More information about SecurePay's online payment gateway can be found at www.securepay.com.au
12) Risk and Title:
12.1 All risk in goods purchased by you from Puratap will pass from Puratap to you at the time of delivery to you.
12.2 Title in such goods remain with Puratap until full payment for all goods delivered to you has been received by Puratap in clear funds.
13) Limitation of Liability:
13.1 To the maximum extent permitted by law, Puratap excludes all terms, conditions and guarantees in relation to goods and services supplied by us, whether express or implied and whether statutory or otherwise.
13.2 To the maximum extent permitted by law and except as expressly stated in these terms and Conditions, Puratap excludes all liability in respect of:
a) the content of this Website, your access and use of, or inability to use this Website; and
b) all goods and services supplied by us, including without limitation any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered or incurred by any person.
13.3 To the extent that Puratap is not able to exclude liability under law, then to the maximum extent permitted by law, our liability in respect of this Website and any goods and services supplied by us is limited, at our election, to:
a) re-supplying any goods and/or services acquired by you; or
b) refunding the applicable portion of any payment to us by you with respect to goods and/or services acquired by you; or
c) payment of the cost of acquiring similar goods and/or services from another person.
13.4 Puratap accepts no liability for any error in data or other information transmitted through or displayed on this Website, whether that error is caused by Puratap, you or any technical malfunction or unauthorised access to, or alteration of data or other information on, this Website.
14) Refunds & Returns:
Puratap will only make a refund in accordance with the following terms:
Where your products are damaged in transit:
14.1 We obtain transit insurance to protect your purchases during transit, however where you have received and installed goods without notifying us of any damage to, or faults or defects in the goods in accordance with section 9 – Delivery Information, then these goods may not be covered by transit insurance.
14.2 You must inspect your goods upon delivery and notify us of any damage, faults or defects in accordance with section 9 – Delivery Information to ensure that any applicable transit insurance policy is not voided.
Your goods have a manufacturer's fault or defect:
14.3 If you consider that there is a manufacturer's fault or defect in any goods supplied to you by Puratap you must notify us within seven days of becoming aware of such fault or defect, so as to minimise any further damage to the goods.
14.4 If Puratap determines, in exercise of its sole discretion that such goods contain a manufacturer's fault or defect in materials or workmanship, then subject to further rights conferred by the Australian Consumer Law, at the sole election of Puratap:
a) you will be offered a repair of the defective goods or a replacement item, if available;
b) if Puratap determines that the defective goods cannot be repaired, or a replacement item is not available, you will be offered a similar item at a similar price or a refund for the defective goods.
14.5 To the maximum extent permitted by law, a refund will not be available where defective goods can be repaired or a replacement item is available.
14.6 Without limiting this section 14, where a manufacturer's fault or defect in any goods supplied by Puratap is not reported to us within seven days of you becoming aware of such fault or defect, Puratap may reject any claim by you in relation to such goods.
Incorrect goods have been delivered to you:
14.7 If the incorrect goods are delivered to you, you must contact Puratap within 48 hours of delivery of such goods. We will arrange for the collection of the incorrect goods and delivery of the correct goods, at our cost. You will not incur any additional costs in these circumstances. Your replacement goods will be delivered to you in accordance with section 9 – Delivery Information.
Goods damaged by you and natural wear and tear:
14.8 We will not accept the return of goods that contain any defect, damage, fault, failure or malfunction, which we determine, in exercise of our sole discretion to be due to:
a) damage by you or by a third party including without limitation damage as a result of accident, misuse, abuse, negligence, vandalism, alteration or modification;
b) normal wear and tear;
c) non-observance of any of the instructions supplied by us concerning installation, configuring, connecting, use or application of the goods;
d) failure to ensure proper maintenance of the goods in accordance with our instructions;
e) installation, repairs or maintenance of the goods by a person who is not a licensed serviceman or if non-approved parts have been fitted;
f) faulty power supply, power failure, electrical spikes or surges, lightning, flood, storm, extreme heat, fire or other occurrence outside the control of Puratap;
g) use other than for any reasonable purpose for which the goods were manufactured.
Method and payment of refunds:
14.9 All refunds will be provided to you by electronic funds transfer to a bank account nominated by you or by any other method otherwise approved by Puratap in exercise of its sole discretion.
15) Cancellation of Order:
Other than expressly permitted by these Terms and Conditions, you may only cancel an order if the order has not been processed. Upon cancellation of an order, you will be offered a full refund less any fees charged to us by our bank to effect the refund transaction.
17.1 If any part of these Terms and Conditions is deemed invalid, void, voidable or unenforceable that part will be read-down, limited or, if necessary, severed from these Terms and Conditions to the extent necessary to make it not invalid, void, voidable or unenforceable and the remainder of these Terms and Conditions will continue in full force and effect.
17.2 Puratap may subcontract the delivery and installation of goods and services to you.
17.3 These Terms and Conditions constitute the entire agreement between Puratap and you and may not be varied except as agreed in writing by Puratap.
17.4 These Terms and Conditions shall be governed by and constructed in accordance with the laws of the state of South Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of South Australia, Australia and the courts which hear appeals from them.
Your acceptance of these Terms and Conditions
By clicking on the icon marked "accept" you confirm that you:
have the capacity to enter into a legally binding contract;
accept and agree to be bound by these Terms and Conditions.
This document was last updated on April 15, 2014.