Terms and Conditions of Sale
1. Introduction
These Terms and Conditions of Sale (“Terms”) govern the sale of goods by Hyperfab (ABN: 33 681 067 818) (“we”, “us”, “our”) to customers (“you”, “your”) through the website [www.hyperfab.au] (“Website”). By placing an order through the Website, you agree to be bound by these Terms.
2. Definitions
- Goods: All products listed and available for purchase on the Website.
- Order: Your offer to purchase Goods from us.
- Contract: The legally binding agreement between you and us for the sale and purchase of Goods, formed when we accept your Order.
3. Placing an Order
Some of our products are made to order, so during busy periods there may be a fabrication and handling time of 3–5 days before dispatch. This production timeframe is separate from shipping and is not affected by Express Post, which only applies to the delivery speed once your order has been sent.
3.1 To place an Order, you must follow the instructions on the Website. You warrant that all information you provide to us is accurate, complete, and current. 3.2 By placing an Order, you are making an offer to purchase the Goods at the price and on the terms stated in the Order. 3.3 We reserve the right to accept or reject your Order for any reason, including but not limited to the unavailability of Goods, errors in pricing or product descriptions, or if we are unable to obtain authorisation for your payment. 3.4 Once your Order has been accepted, we will send you an Order confirmation email. This email does not constitute a binding acceptance of your Order. 3.5 A Contract is formed when we dispatch the Goods to you and send you a shipping confirmation email.
4. Price and Payment
4.1 The price of the Goods will be as displayed on the Website at the time you place your Order. All prices are in Australian dollars and include GST. 4.2 We reserve the right to change the price of Goods at any time without notice. However, any price changes will not affect Orders that have already been accepted by us. 4.3 Payment for Goods must be made in full at the time of placing your Order. We accept payment by credit card, paypal and afterpay. 4.4 We use secure third-party payment processors to process your payments. We do not store your credit card details.
5. Delivery
5.1 We will deliver the Goods to the delivery address you provide in your Order. 5.2 Delivery times are estimates only and we are not liable for any delays in delivery. 5.3 Risk of loss or damage to the Goods passes to you upon delivery. 5.4 Shipping costs will be calculated and displayed at checkout.
6. Returns and Refunds
6.1 We comply with Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 6.2 Please refer to our Returns Policy on the Website for further details on our returns and refunds process.
7. Consumer Guarantees
7.1 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. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 7.2 Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, our liability for any loss or damage arising out of or in connection with these Terms or the sale of Goods is limited to the price of the Goods. 8.2 We are not liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of profits, loss of data, or loss of business opportunity.
9. Intellectual Property
9.1 All intellectual property rights in the Website and Goods, including but not limited to trademarks, logos, and copyright, are owned by us or our licensors. You must not use or reproduce any of our intellectual property without our prior written consent.
10. Privacy
10.1 We collect, use, and disclose your personal information in accordance with our Privacy Policy.
11. General
11.1 These Terms are governed by the laws of Queensland. 11.2 We may amend these Terms at any time by posting the amended terms on the Website. 11.3 If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck out and the remaining provisions will remain in force. 11.4 These Terms constitute the entire agreement between you and us relating to the sale of Goods.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Hyperfab Email: sales@hyperfab.au