TERMS AND CONDITIONS POLICY ONLINE PURCHASES

We want our customers to be completely satisfied with their online purchases. We therefore recommend that you read these conditions fully prior to you making a purchase from our online store, so you are familiar with our policy on refunds, returns and repairs and your rights under the applicable consumer laws.

[Please note that by ordering any of our Goods, you agree to be bound by these Conditions and the other documents expressly referred to in it and before placing an Order you will be asked to agree to these Conditions.]

We also recommend you immediately inspect any Goods that we deliver to you, to ensure you are completely satisfied with the Goods, including that the Goods are of acceptable quality and match the description we have provided to you.

If you have any questions about these Conditions, please contact our Customer Centre.

Interpretation in these conditions:

Agreement is an agreement between you and the website owner to supply Goods, and consists of your Order and these Conditions;

Conditions are this Terms and Conditions Policy, as updated by the website owner from time to time in accordance with Section 10;

Delivery Address is the address to which the Goods will be delivered, as stated in the Order;

Delivery Fee is the fee payable to the website owner in respect of the delivery of the Goods and the handling costs associated with processing your Order, [as advised by the website owner from time to time];

Goods are goods described in an Order, and includes packaging materials;

Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;

The ‘Website Owner’ or ‘Us’ or ‘We’ means Sammarco Services Pty Ltd ABN: 77 118 237 415, whose place of business is at 3/106 Milperra Road, Revesby NSW 2212 and who can be contacted by calling our Customer Centre.

Websites means www.thebatterymen.com.au

Order is an order by you to purchase Goods from a Roadside Response website;

Product List is the list of goods available for purchase on the Roadside Response Websites, as amended from time to time;

Roadside Delivery and Fitment is the service provided by our partner company Roadside Response; were it attends a location, delivers and installs Goods into your vehicle.

THE AGREEMENT

  1. CUSTOMER APPLICATION

Application to be completed: You may be required to complete a customer application before placing an online Order for Goods with us. You warrant that all information and data provided by you in the customer application is accurate, complete and up to date.  You must promptly inform us if there is a change to this information or data.

Set up costs: You are responsible for any costs associated with accessing the website and placing an Order for Goods online with us, including any Internet provider fees.

Delivery area: If you would like us to deliver the Goods you have ordered, the Delivery Address which you nominate in your Order must be within a suburb where we provide a delivery service (Delivery Area).   Please ensure that your delivery address and suburb are correct when placing your Order.  Orders for delivery to addresses in suburbs that are not in the Delivery Area will not be processed.

We will make reasonable attempts to advise you if the Delivery Address which you nominate is not or ceases to be in a Delivery Area. We will not be obliged to continue to deliver Goods to you if you change your Delivery Address and the new Delivery Address which you nominate is not within a Delivery Area.

Order Cut Off Time:  We will only accept online orders requesting ‘Roadside Delivery & Fitment’ between the hours of 7am to 5pm EST Monday to Sunday.  Urgent orders required outside of these hours must be phoned through to our Customer Centre.

  1. ORDERS, DELIVERY AND COLLECTION OF GOODS

Orders: You must place an online Order with us by selecting your chosen Goods and pressing the “Submit Order” button. Orders are deemed to be received by us at the time you receive an automated confirmation of receipt from Roadside Response.  Orders are deemed to be accepted by us at the time you receive confirmation of acceptance of the Order from us.

An Agreement exists once we accept an Order.  Each Order is a separate Agreement between you and the website owner.

Late Cancellation Fee: If you cancel an Order within 30 minutes of the requested delivery time, Roadside Response may charge you, and you must pay, a late cancellation fee of $27.27 plus GST (Late Cancellation Fee).  This amount is a genuine pre-estimate of the loss we will suffer as a result of the cancellation of an Order.

Size of Order: we reserves the right to limit the sale of goods to reasonable or normal household quantities.

Delivery: Unless your Order states that you will collect the Goods, we will deliver the Goods to you at the Delivery Address within the time agreed with you.  We will use our best endeavours to ensure that all Goods ordered by you (and any agreed substitutes) are supplied to you within the original delivery date and time.

Delivery of the Goods will deemed to be complete at the Front Door of your nominated Delivery Address, or, in respect of Roadside Delivery and Fitment, your vehicle.  If you request us to deliver the Goods beyond your Front Door, you agree to continually indemnify and hold harmless the website owner (including its officers, employees, contractors and appointed agents) from any Loss suffered or incurred in connection with the delivery of the Goods beyond your Front Door.  For the purpose of this section, Front Door means the front door or a point beyond which entry into the interior of a building occurs and Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives or collects the Goods shall be presumed by us to be authorised to receive or collect the Goods. We may request the person who receives the Goods at the Delivery Address or collects the Goods to provide satisfactory identification.

Additional fees: If required, you must pay to us any additional Delivery Fee, fitment fee or other such fee as may be specified by us in respect of each Order upon delivery of the Goods requested.

  1. RISK AND TITLE IN THE GOODS

Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address or selected collection point.

  1. RETURNS, CREDITS AND REFUNDS

We want you to be totally satisfied with all Goods purchased online from us, so please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere.  We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.

Making a claim: If you wish to make a claim for a replacement product, refund or credit in respect of Goods purchased online because:

  • you believe that an item, which was ordered by you and which was in stock, has not been provided; or
  • you are not satisfied with the quality of the Goods you have purchased,

you must contact our Customer Centre.  Our representative will assess your claim for a replacement product, credit or refund of the purchase price.  We reserves the right to inspect the Goods before making the assessment. This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.

Goods returned for repair or damaged in transit: If any Goods arrive damaged, please contact our Customer Care Centre and report the issue as soon as possible.  We will arrange for a replacement of the Goods or refund the price to you.  This is in addition to and does not limit or replace your rights under any applicable consumer or other laws.

Damaged Goods must be reported to us within 7 days of receipt and returned to us in the condition received by you with all original packaging, accessories and/or manuals within a further 14 days.  The Goods will be inspected and assessed and/or repaired within a reasonable time by us. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability or incorrect fault description.

You must bear any expense you may incur in making a claim under this section. This does not affect your rights under the Australian Consumer Law. You may also be required to pay labour, assessment and/or freight fees connected with the repair, replacement and return of defective Goods to you, such as where Goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law (or equivalent legislation) or any manufacturer’s warranty do not apply.  We may provide you with an indicative fee for such labour, assessment or freight costs, which fee may vary due to reasons beyond our control.

If any Goods that you return are used to assist in the storage of data, such as radio PIN codes or engine management data, the replacement or repair of the Goods may result in loss of the data.  We will not be responsible for any data loss in these circumstances.

If any Goods cannot be easily returned to our store or authorised representative due to their size, the fault or because they have been affixed or installed in your premises or vehicle, please contact our Customer Centre and we will arrange an inspection to assess the Goods.  You may be required to pay labour, assessment and/or freight fees in respect of this inspection.

Refunds will be made by us via the method of payment you used to make your online purchase. Refunds will normally be processed within seven (7) working days.  For Goods purchased from the Website, all refunds will be issued by the Website Owner and cannot be made by any appointed service provider, 3rd party freight provider, authorized reseller or associated agent or contractor the website owner.

Guarantees under Australian consumer law: Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage (including but not limited to expenses you may incur in making a claim under the guarantees).  You are also entitled to have the Goods repaired and replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

  1. PRICE OF GOODS AND PAYMENT

Purchase price: The purchase price of the Goods shown on the online product list at the time you make your Order is the price which is applicable for your Order and will be shown on the Order confirmation, except:

  • if a Good is out of stock;
  • if you have given instructions that you will accept a substitute Good, in which case the substitute Good will be charged at the lower of the original or the substitute price at the time the substitute Good is processed and scanned for your Order;
  • if you modify your Order, in which case the prices applicable on all Goods will update to the then current prices in the Product List; or
  • if during authorized fitment of the Goods, the specification of a product required varies significantly from that originally ordered.

The purchase prices on the Product List will not necessarily correspond to the prices in store or authorised reseller stores.

Delivery Fee: You must pay the Delivery Fee in respect of each Order which is determined by the Delivery Address and product type. You will be advised of the Delivery Fee prior to making your Order.
Additional Fees: If charged by us in accordance with clause 4 of these Conditions, you must pay any Late Cancellation Fees following cancellation of an Order or Additional Fees upon completion of the delivery.

Tax invoice: Upon delivery or collection of the Goods, we will provide you with a tax invoice specifying the total price for the Goods, including credits/debits applied, the Delivery Fee and any Additional Fees applicable.

Method of payment: At the time you place an Order, you will be required to make an online payment by credit or debit card (MasterCard®, Visa, Paypal), unless otherwise agreed with us prior to placing your order.

In order to receive the Goods you have ordered, payment must be received by the selected payment method in full prior to delivery.  We will process your payment using your credit/debit card as we prepare the Order for delivery, which in most cases will be the day of delivery but may be the day prior to delivery.  If your credit card is declined by your financial institution, We will not be able to guarantee delivery on the date or in the delivery window you selected and may contact you to make alternative delivery and payment arrangements. If you are not at the Delivery Address or organise a re-delivery, the payment will be processed on the original date of the Order. If the Order is cancelled or refunded, the credit will be processed within 7 working days or sooner.   We may decline to accept payment from you by debit or credit card for any reason, and is not required to give reasons. If we decline to accept payment from you by debit or credit card, your Order will not be processed and you will not be contacted. If you agree to make payment by another method that is acceptable to us, we may process the Order or any further Orders you may make.

In cases where Additional Fees may be payable, payment can be accepted by either mobile EFTPOS* (not available in all locations) or credit card (MasterCard®, Visa) at the time of delivery (or upon collection).  Where a cancelled Order attracts a Late Cancellation Fee, we may deduct payment of the fee from any credit balance it holds on your behalf.

  1. OUT OF STOCKS AND SUBSTITUTION

We will not provide rain checks in respect of Goods ordered by you. Before finalising your Order, you will be invited by us to select a product substitution in respect of Goods which are out of stock.  Substitute items are charged at the lower of the original or the substitute price.

  1. PACKAGING AND LABELLING OF GOODS

We will use reasonable endeavours to include up-to-date pictures of the Goods in the Product List. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to you. We do not warrant the accuracy of the information contained in the Product List and recommends that you read the labels on Goods carefully before accepting or operating the Goods.

  1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that the website owner or its related corporations own or are licensed to use all Intellectual Property Rights on this Websites and the Goods, including any images, photographs or text which appears on the Websites. You must not make any representation to the contrary and you must not use or copy any Intellectual Property Rights in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the Websites are owned by or licensed to the website owner or its related corporations, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

  1. LIABILITY

The website owner will use reasonable care and skill in providing the Website for your use.

To the extent permitted by law, you release and discharge the website owner and its related corporations from all forms of direct, special, indirect or consequential loss or damage, including loss of profits, loss of data, loss of management time, opportunity costs or failure to realise anticipated savings arising out of or in connection with the Website (including the installation, downloading, use or performance of any software related to the website).

Any liability of the website owner arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods or services supplied to you through use of the Website (other than a condition, warranty or consumer guarantee implied or imposed by legislation which does not permit the website owners liability to be limited as stated in this clause 9) will, at the election of the website owner, be limited to:

  • if the warranty or condition relates to Goods, the replacement of the Goods or the supply of equivalent Goods; and
  • if the warranty or condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again provided that it is fair and reasonable to do so.
  1. NOTIFICATION OF CHANGES

We may add to, delete, or otherwise change any of the terms of these Conditions.  Your use of the Website will constitute your deemed acceptance of such changes.
Each time you wish to Order Goods from the Website, we recommend that you check these Conditions to ensure you understand the terms which will apply to your Order.

  1. SEVERABILITY

Each provision of an Agreement (including these Conditions) is severable. Severance does not affect any other provision.

  1. LAWS

The applicable laws of Australia govern each Agreement (including these Conditions).