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Terms and Conditions of Trade for Online Orders
Australian owned & managed, Closed Loop Environmental Solutions (Trading as Closed Loop) "CL" is a supplier of high quality recyclable products and recycling services. CL has established an online facility to enable customers to purchase CL products via the website store.closedloop.com.au for delivery within Australia only. Before browsing through, or purchasing from our online store, please read the terms and conditions which govern the use of our website and the purchase of products via the website.
The Customer has requested CL to provide, and agrees to pay CL for, certain goods, subject to the following terms and conditions. "goods" means any goods and/or services supplied by CL to the Customer.
"online order" means an order which is produced by the Customer and sent to CL via CL's website's online purchasing facility to initiate a particular transaction of goods between CL and the Customer and which outlines quantities, price and delivery details.
1. PRICING
1.1 When the Customer wishes to order goods from CL, it will send CL an online order
1.2 As soon as CL receives an online order from the Customer, the Customer becomes liable to CL for the amount set out in the online order (or any amended amount advised by CL)
1.3 If the Customer wishes to cancel an online order once such order has been received by CL, the Customer shall be liable for all costs and expenses that CL has incurred (or is liable for) in processing the order to the point of cancellation. The Customer shall also pay CL an administration fee of $25.00 for each order cancellation.
1.4 The prices for goods as set out in an online order are inclusive of Goods and Services Tax, unless stated otherwise.
1.5 CL reserves the right to vary its prices at any time.
2. PAYMENT TERMS
2.1 Credit Card Customers
2.1.1. The Customer will pay CL for goods at the time it submits its online order. Payment may be made by credit card transaction (Visa, Mastercard, Bankcard). Goods will not be dispatched until payment has been received in full.
2.2 Account Customers
2.2.1 For Customers who have a CL account and have credit terms, the following clauses apply:
2.2.2 The Customer will pay for goods supplied within 30 days from the end of the calendar month in which the goods have been delivered.
2.2.3 CL reserves the right to charge interest at the rate of 15% per annum, calculated daily, on any overdue amounts owing to CL.
2.2.4 All costs and expenses incurred by CL to remedy any breach by the Customer of these terms and conditions shall be recoverable from the Customer in addition, and without prejudice to, CL's right to damages for breach of these terms and conditions.
2.2.5 The Customer shall not be entitled to deduct any amount by way of set off from any amount owing by the Customer to CL.
3. DELIVERY
3.1 Where CL gives a date for delivery, CL will make its best efforts to deliver on or before that date, but CL shall not be liable to the Customer in any way should that delivery date not be met.
3.2 CL reserves the right to deliver goods in instalments.
3.3 Where CL delivers in instalments or outside the estimated delivery date, the Customer's only option is to cancel the order, but the terms of clause 1.2 shall prevail.
3.4 Every effort will be made by CL to carry out its supply obligations, however, these obligations are subject to delay, variation or cancellation owing to an act of God, war, strikes, lock-outs, fire, flood, drought or any other cause beyond CL's control, including CL's inability to procure raw materials or products from third parties.
3.5 CL's delivery charges are available on our website http://store.closedloop.com.au (FAQ section) or available by contacting customer service on +61 3 9684 4600.
3.6 All orders are delivered by an authorised agent of Corporate Express to a business address. A signature is required upon delivery. Customers must allow up to 3 business days for delivery from the order date, when orders are received by CL prior to 11am each business day. Orders received after 11am each business day will not be processed until the proceeding business day.
3.7 No CODs will be accepted.
4. QUANTITY DELIVERED
4.1 CL will use its best efforts to ensure that the quantity of goods delivered is as per the amount ordered by the Customer. However, due to fluctuations in manufacturing, there may be variation of up to 10% either above or below the ordered quantity. The Customer agrees to such variation.
5. TITLE AND RISK
5.1 Title to the goods passes to the Customer once payment for those goods has been received in full by CL.
5.2 Risk for damage to, or loss of goods, shall pass from CL to the Customer upon acceptance of the goods at the nominated delivery destination.
5.3 For Customers who have a CL account and have terms of credit, the following clause applies:
5.4 At all times before title in the goods passes to the Customer, the Customer shall store the goods so that they are clearly identified as the property of CL. Until title in the goods has passed to the Customer, CL will be entitled at any time to retake possession, and for that purpose may enter the Customer's premises and remover the goods.
6. PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
6.1 All product descriptions are either provided directly from the product manufacturer, or based upon information provided directly by the product manufacturer. As a reseller only, and to the fullest extent permitted by law, CL excludes all responsibility or liability for or arising out of any inaccurate or erroneous product description which appears on store.closedloop.com.au.
6.2 CL reserves the right to make any changes to the information contained in, and the layout of http://store.closedloop.com.au, including changes to its product range, ordering mechanisms and ordering terms.
7. LIMITATION OF LIABILITY
7.1 Except in respect of implied warranties which cannot be excluded by law, CL does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability of, title to or usefulness of the information on and contents of www.store.visyclosedloop.comor the goods it supplies.
7.2 Except as may be prescribed or implied by law, CL shall not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue, or loss of use) arising out of or relating to www.store.visyclosedloop.comor the information contained therein or the goods it supplies whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise
8. ELECTRONIC COMMUNICATIONS
8.1 When a Customer visits www.closedloop.com.au or sends e-mails to CL, it is communicating with CL electronically. The Customer consents to receiving communications from CL electronically. CL will communicate with the Customer by e-mail or by posting notices on the website. The Customer agrees that all agreements, notices, disclosures and other communications that CL provides to the Customer electronically satisfy any legal requirement that such communications be in writing.
9. REGISTRATION & PASSWORDS
9.1 Upon becoming a registered user of store.closedloop.com.au the Customer shall be responsible for all transactions and payments against its Registration Number.
9.2 The Customer shall be responsible for the security of its password, and remain liable for all transactions made using its Registration Number. If the Customer forgets its Registration Number or Password or requires either of them to be changed, it shall contact CL at http://store.closedloop.com.au, CL will confirm receipt of the request by contacting the Customer via the email address provided by the Customer at the time of registration. If the Customer does not receive a confirmation email within 1 business day from submitting a request, the Customer should contact CL immediately. CL accepts no liability for unauthorised use of a Registration Number prior to the confirmation of a request.
9.3 CL do not retain credit card information under any circumstances.
10. RETURN OR EXCHANGE OF GOODS
10.1 Any Goods which are damaged or defective, or which are not otherwise in accordance with the Customer's order, may be returned to CL within 21 days of invoice date, at no cost to the Customer.
10.2 Otherwise, goods may not be returned unless they are to be exchanged, and only then in accordance with the following: · Goods to be exchanged must be returned within 3 weeks of invoice date; provided they have not been used and are returned in the same condition they were dispatched. - Postage & handling rates will be applied to the customer account or deducted from the Customer's credit card for re-delivery.
10.3 Returns and Exchanges will only be accepted if the procedures set out in the "Additional Terms and Conditions of Trade for Online Orders" section of this website are followed.
11. APPLICABLE LAW
11.1 Any dispute between CL and the Customer shall be governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Victorian Courts.
12. WAIVER
12.1 If CL fails or delays in exercising any right under these terms and conditions, it shall not amount to a waiver of any right to which CL may be entitles.
13. MISCELLANEOUS
13.1 Precedence - These terms and conditions will apply to the exclusion of all other terms and conditions including any standard terms and conditions that may be pre-printed on any CL paperwork for any online orders.
13.2 GST - CL reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.
13.3 Privacy - All personal information collected and stored by CL as a result of the Customer's use of http://store.closedloop.com.au is used by CL only for the purposes of facilitating the supply of goods and services to the customer and servicing the relationship between CL and the Customer. No personal information is disclosed to any third party, except to Corporate Express for delivery purposes, and except where the Customer has authorised disclosure to a third party e-commerce facilitator.
13.4 Cookies generated by the use http://store.closedloop.com.au are used only to validate access to http://store.closedloop.com.au. They are not used to identify individuals, nor used to track navigation patterns, or the address of the website from which a customer may have entered http://store.closedloop.com.au.
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