1. General

1.a This website is a shopping website where you can browse, select and purchase products from FENCECAP PTY LTD ( “us” or “we”).

1.b Your access to and use of this site, including your order of products through the site, is governed by these terms and conditions.

2. Compliance

2.a You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. You agree to comply with the terms of use.

2.b You agree to comply with all relevant laws relating to your use of this site and your placement of any order through the site.

3. Placing an order for products

You may order products by selecting and submitting your order through the site in accordance with these terms and conditions.

Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

You agree to provide us with current, complete and accurate details when asked to do so by the site.

4. Acceptance or rejection of an order

Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products.

For each order accepted by us, we will: supply the products in that order to you in accordance with these terms and conditions; and provide you with an email confirmation of that order.

5. Delivery of products

We will only deliver products ordered through the site to a location where we provide delivery services. You may receive multiple deliveries for your order and these are described at the point of checkout. We or our delivery company may need to contact you to arrange a delivery date for certain products.

*We only deliver to addresses in Australia at this time. Please contact us for any other addresses not covered.

You may obtain further information on the site about our delivery time frames and how we deliver our product. The delivery fee for your order depends on the quantity of product you order (in particular, the size and weight of the product).

The site provides a number of methods for getting your product to you, including, courier and postal delivery.You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.

An appropriate person must be present to accept the delivery of your order.

We may require the person accepting the delivery of your order to:

  • provide us with proof of that person’s identity (including photographic identification)

You:

  • acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order; and in these terms and conditions..

6. Cancelling an order

We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: the products in that order are not available; or there is an error in the price or the product description posted on the site for the product in that order; or that we reasonably believe your order has been placed in breach of these terms and conditions.

You may cancel an order (whether it is accepted by us or not) by contacting our Customer Services team on fencecap@gmail.com during business hours, at any time prior to the dispatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with our Returns Policy.

7. Fees and charges

We will charge you, and you agree to pay the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the product sare subject to GST where applicable.

The purchase price of each product is shown on the product list on the site at the time you place your order.

Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the site for the product in that order), once we have accepted your order, we will not change any prices that apply to the products in that order.

If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Returns Policy.

8. Payment methods

You may pay the fees and charges for an accepted order with any of the following payment methods:

  • Visa;
  • MasterCard;
  • American Express; and
  • Diners Club; and
  • Debit cards displaying a Visa or Mastercard logo or,
  • By direct deposit.

If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, or PayPal payment) for your order that is accepted by us, then we may cancel your order.

If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.

You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.

9. Damaged products and returns

You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify by contacting our Customer Services team on fencecap@gmail.com. If you notice damage to a product after delivery, you should notify us within 14 days of delivery. If so, you may return the product to us in accordance with this clause.

If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy.

We will not refund the delivery fee where the products have been delivered to you, unless you are returning the product because it was damaged.

10. Links to other websites

This site may contain links to third party websites that are not owned and operated by us. These links are provided for your convenience only and:

  • we make no representations or warranties, and have no responsibility or liability for, those websites; and
  • these links do not indicate, expressly or impliedly, that we endorse those websites or any individuals, businesses, products or services that are promoted or provided at those websites.

You should carefully review the privacy policies and conditions of use for those websites.

11. What you must not do

11.a You must not:

  • use this site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cwlth);
  • use this site in a manner or way, or post to or transmit to or via this site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this site;
  • use any data listed on this site for commercial purposes e.g. through price or information scraping;
  • make fraudulent or speculative enquiries or requests through this site;
  • use another person’s details without their permission or impersonate another person when using this site;
  • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • tamper with or hinder the operation of this site;
  • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this site;
  • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this site;
  • modify, adapt, translate or reverse engineer any portion of this site;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on this site;
  • reformat or frame any portion of the web pages that are part of this site;
  • create accounts by automated means or under false or fraudulent pretences;
  • use this site to violate the security of any computer or other network or engage in illegal conduct;
  • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  • use this site other than in accordance with these terms and conditions; or
  • attempt any of the above acts or engage or permit another person to do any of the above acts.

11.b We may immediately remove any material you post to a blog or forum on this site if we reasonably consider you may have posted such material in breach of any other clause of these terms and conditions.

12. Specific warnings

12.a We attempt to be as accurate as possible. However, we do not warrant that product or service descriptions, instructional guides or videos or other content of this site is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this site is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on this site to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.

12.b We do not necessarily agree with the views expressed and we are not responsible for any statements made by the speakers during the blogs, forums or in the reports. We make no claims that the statements are correct, reliable or complete. You should make your own enquiries before acting upon or relying on any statements made.

12.c We cannot guarantee any file, data or program available for download from this site (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this site.

12.d We may use cookies to gather data in relation to this site and you consent to us doing so (although you may be able to disable cookies on your web browser).

13. Liability

13.a We exclude all implied terms and warranties whether statutory or otherwise, relating to this site or the subject matter of this agreement. You acknowledge that this site is provided “as is” and that we do not make any warranty or representation as to the suitability of this site or any product for any purpose other than what the product is displayed, and its intended use.

13.b We will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

13.c Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term or any statutory guarantee conferred by legislation will be, if permitted by law, limited to one of the following remedies (at our option):

  • in the case of services: the resupply of the services; or the payment of the cost of resupply; and
  • in the case of goods: the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods.

13.d Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

13.e Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

14. Intellectual property

This site and its contents are subject to copyright which is owned by us or a third party. We do not grant you any intellectual property rights in this site, its applications, interface or contents. You must not use any trademark displayed on this site.

15. Termination

15.a You may stop using this site at any time and for any reason.

15.b From time to time, business strategies change. As such, we may in the future, stop making this site (or any part of it) available. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

16. Privacy policy

For further information please read our Privacy Policy.

17. Use of your information and materials

When you send us any feedback, suggestions, ideas or other materials in relation to or via this site, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy.

18. Jurisdiction

This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.

19. Amendment to these terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at this site. By continuing to use this site following such notification, you agree to be bound by the terms and conditions as amended.

20. Severability

If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

21. Privacy Statement - your privacy

We may collect personal information such as your name, address, contact details and identification details, primarily for the purpose of and incidental to selling and promoting our products and services to you in a secure way. We also collect personal information through cookies. For details and your options see our Privacy Policy and our Cookie Statement.

We collect personal information directly from you.

We may also use you personal information to consider any requests you make of us, for the purpose of promoting our products and services, for research and analytical purposes, to perform administrative functions, and to comply with our legal obligations.

If you do not provide this information in whole or in part, we may not be able to provide you with the products you require.

Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy.

If you have an enquiry about privacy, you can contact us by email at fencecap@gmail.com or by telephone on 0431 014 542. Our lines are open Monday to Friday 8:00am to 5:00pm (AEST).


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