Website Terms of Use

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Terms and Conditions


Website Terms of Use | Terms and Conditions of Sale

 

Website Terms of Use

1. About this Website

(1) This website is published by Swamp Industries Pty Ltd ACN 149 188 358.
(2) Your use of swamp.net.au (“websites”) is subject to these terms of use (“Terms of Use”). If you do not accept these Terms of Use, you must refrain from using this website or making a purchase from the website.

2. Website Content

(1) Swamp Industries Pty Ltd may, at any time, add or remove content from this website without notice.
(2) Any articles, information or content published on this website must be read subject to these Terms of Use.
(3) Although Swamp Industries Pty Ltd uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Swamp Industries Pty Ltd cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Swamp Industries Pty Ltd or by manufacturers or suppliers changing product specifications without notice to Swamp Industries Pty Ltd. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(4) The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.

3. Your Use of the Website

(1) You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.
(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) Swamp Industries Pty Ltd may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) Swamp Industries Pty Ltd may in its sole discretion restrict your access to this website. If Swamp Industries Pty Ltd does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Swamp Industries Pty Ltd will not be liable to you or any third party for doing so.
(6) Swamp Industries Pty Ltd reserves the right to cancel any order placed via this website, and agrees to refund the full payment received from the customer. A credit note will be issued for any tax invoices refunded. Swamp Industries Pty Ltd reserves this right to cancel any order placed via the website for any reason, including suspicion of fraud and product pricing errors.

4. Secure Data and Transmissions

(1) Given the nature of the internet, Swamp Industries Pty Ltd cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Swamp Industries Pty Ltd does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Swamp Industries Pty Ltd and its third parties take precautions to protect information, Swamp Industries Pty Ltd does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Swamp Industries Pty Ltd or its third party receives your transmission, Swamp Industries Pty Ltd and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Customer First Team immediately.
(2) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Swamp Industries Pty Ltd nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

5. Cookies

(1) Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

6. Privacy Policy

(1) Swamp Industries Pty Ltd’s Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

7. Disclaimer

(1) Swamp Industries Pty Ltd make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(2) Swamp Industries Pty Ltd do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Swamp Industries Pty Ltd disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(3) The use of the information on this website is at your own risk. To the extent permitted by law, Swamp Industries Pty Ltd exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Swamp Industries Pty Ltd limits their liability to the re-supply of the relevant information or services.
(4) You agree to indemnify Swamp Industries Pty Ltd and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.

Swamp Industries Pty Ltd Website Terms of Use, 2013.


 

Terms and Conditions of Sale

1. About the Swamp Industries website

(1) Your purchase of goods from swamp.net.au (“websites”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.
(2) Swamp Industries Pty Ltd ACN 149 188 358 (trading as Swamp Industries) of 3 Quiros St, Griffith, ACT, 2603 (“us”, “our”, “we”, “Swamp Industries”), carries on business from the website.
(3) You and Swamp Industries may enter into a sale contract for the sale and supply of products, by you making an offer to Swamp Industries via the website, to purchase goods at the specified price, subject to these Terms.
(4) In these terms:
- “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
- a reference to a “third party” in these terms includes a reference to any agent or contractor of Swamp Industries, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them.
- a reference to the "websites" means swamp.net.au.
- "Order" means an offer made by you in response to an invitation to treat made by Swamp Industries via the website.

2. User Agreement

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

3. Guests and Registered Users

(1) You may access and/or use the website as a guest or as a member.
(2) To become a member of the website, you must provide your name and address, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer First Team.
(3) You will receive an email from us as soon as practicable after you create your membership account.
(4) We only permit one registration per email address.
(5) You must not use another members’ account without permission.
(6) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our Customer First Team.
(8) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Orders

(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
(2) Representations of products for sale made by Swamp Industries via the website do not constitute an offer to sell but an invitation to treat.
(3) You and Swamp Industries 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:

(i) placing an electronic Order for the products using the website;
(ii) 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
(iv) the acceptance of that offer by Swamp Industries.
(4) 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:
(i) any requirements set out in these terms have been met;
(ii) 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
(iv) Swamp Industries 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.

(5) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Swamp Industries 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 providers or systems;
(ii) to the extent permitted by law, Swamp Industries 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) Swamp Industries may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Swamp Industries 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.
(6) You will receive an email from Swamp Industries as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer First Team.
(7) If your Order is not accepted by Swamp Industries, Swamp Industries will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) Swamp Industries 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.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Swamp Industries cannot supply a particular product, Swamp Industries will notify you by telephone or email as soon as possible.
(10) Swamp Industries 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.

5. Price

(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Swamp Industries.
(3) Images of products shown without any advertised price beside that image are not offered for sale.
(4) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(5) We reserve the right to correct any errors published on the website.

6. Payment

(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

7. Supply and Delivery

(1) Subject to you complying with these Terms and acceptance of your Order by Swamp Industries, Swamp Industries will sell and supply the products to you as shown on your Order confirmation.
(2) Products may not be available for immediate delivery. Swamp Industries will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item of furniture.
(5) Other than in respect of Orders for furniture, regional or remote areas, if Swamp Industries gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Swamp Industries will arrange for a full refund of any payment made by you to be processed.
(6) Delivery times may be greater than 10 business days for regional or remote areas.

8. Title and risk in goods

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

9. PayPal and credit card fraud

(1) The website employs the latest in Secure Sockets Layer technology from ANZ and PayPal secure payment gateway to secure our payment systems.
(2) To the extent permitted by law, each of Swamp Industries, and their related bodies corporate will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

10. Order Enquiries

If you have any query about the progress of your Order please contact the Customer First Team. Please have your Order number handy as shown on the email confirmation.

11. Damaged or Faulty Products and Refund Policy

(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
- (a) rights under the Refund Policy;
- (b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
- (c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as Swamp Industries will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3) If your Order arrives damaged, please contact the Customer First Team.

12. Waiver

The failure by Swamp Industries to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Swamp Industries.

Swamp Industries Pty Ltd Terms and Conditions of Sale, 2016.