TERMS AND CONDITIONS

1. INTRODUCTION

1. This Website is owned by Wanzl Australia.
    
2. The terms and conditions below apply to your use of the Website, purchase of Products and all services and functions found on the Website. By accessing and/or using the Website, you agree to be legally bound by these terms and conditions. Without giving prior notice to you, we reserve our rights to amend the terms and conditions at any time and may, in our sole discretion, limit or expand the services or products available via the Website. It is your responsibility to check these Terms & Conditions each time you use the Website.
    
3. If you do not agree with these terms and conditions, you should stop accessing and/or using the Website.

2. DEFINITIONS

In these Terms and Conditions:-

1. “Customer” means any person who uses the Website and/or purchases Products from our Website;
    
2. “Delivery” means when Products the subject of an Order arrive at the Customer’s nominated address for an Order and made available to the Customer for unloading during normal norming working hours of Wanzl Australia or its carrier;
    
3. “Products” means the goods offered for sale on the Website;
    
4. “Order” means a request by the Customer to purchase Products from the Website;
    
5. “Wanzl Australia” means Wanzl Australia PTY LTD (ABN 56104613989);
    
6. “Website” means this website for the sale of Products.

3. ORDERS

1. To place an Order, you must follow the instructions on the Website. All Orders are subject to acceptance by Wanzl.
    
2. Upon placing an Order, the Customer will receive an email confirmation. This email does not constitute acceptance of the Order. Wanzl reserves the right to accept or reject Orders for any reason.
    
3. All Orders are subject to availability and Wanzl Australia makes no representation as to Product availability. If a Product is not available, Wanzl will notify the Customer as soon as possible and make arrangements with you for any variation to the Order or to provide a refund if payment has already been made, as applicable.
    
4. By placing an Order, the Customer acknowledges and accepts the design and specifications for the Products as advertised on the Website or as otherwise provided to the Customer by Wanzl Australia, whether in a catalogue or otherwise. This includes all dimensions, load capacities, load distribution, maintenance and cleaning specifications, without limitation.

4. NO RESALE OF PRODUCTS

1. Wanzl Australia does not authorise the purchase of Products for resale purposes. Wanzl Australia may, in its sole discretion, limit or cancel quantities of Products purchased per Customer, per delivery address, per Order. per Customer account, per credit card and/or per billing and/or shipping address.
    
2. Wanzl Australia reserves the right to limit or prohibit Orders that, in Wanzl Australia’s sole judgment, appear to be placed by dealers, resellers or distributors.
    
3. Wanzl Australia reserves the right to cease selling Products or otherwise doing business with those Customers who breach this clause or any requirements notified to the Customer pursuant to this clause.
    
4. Wanzl Australia may modify its requirements in relation to Order limits at any time without prior notice. This limits on purchases applies to all purchases made at our retail show room and on www.wanzl-shop.au

5. DELIVERY

1. Purchases from the Website are for delivery in Australia only.
    
2. Delivery timeframes may vary and shipping rates will be calculated in accordance with our Shipping Policy.
    
3. Wanzl Australia will issue the Customer with a shipping confirmation when the Order has been shipped, which will usually contain tracking information.
    
4. Risk in the Products passes to the Customer when the Products are Delivered.
    
5. Title to the Products passes to the Customer once payment is received in full.
    
6. Whilst Wanzl Australia will use its best endeavours to meet estimated delivery times, it shall not be liable for any loss or damage to the Customer or any other person (including consequential loss or damage) for failure, for whatever reason, to meet the stated delivery times.
    
7. Wanzl Australia may deliver by instalment but any failure to deliver any particular instalment by the date specified shall not entitle the Customer to rescind the Order.

6. CURRENCY, TAXES AND DUTY

1. All Product prices indicated and payments made on this site are in Australian Dollar currency AUD.
    
2. Prices displayed exclude GST. GST will be shown when items are added to the cart, through the payment processing and on the invoice.

7. PRICING AND PAYMENTS

1. Prices are subject to change without notice.
    
2. Prices listed on the Website may not be current or complete and under no circumstances constitute an offer or undertaking by Wanzl Australia.
    
3. In the event of any pricing errors, we reserve the right to cancel any Orders and refund any amounts paid.
    
4. Prices may be paid via PayPal or Westpac PayWay, or such other services made available on this Website by Wanzl Australia from time to time. Wanzl Australia is not responsible for any payment processed (or not processed) and may offer other methods for payment from time to time.
    
5. If prices are paid via PayPal, such payment is subject to PayPal’s user agreement which can be read here:
   www.paypal.com/au/webapps/mpp/ua/useragreement-full
    
6. If prices are paid via Westpac PayWay, such payment is subject to Westpac PayWay’s Terms and Conditions Agreement which can be read here: www.payway.com.au/downloads/WBC/PayWay_Terms_and_Conditions.pdf
    
7. In the event that Wanzl Australia does not receive the applicable payments in full and on time, Wanzl Australia may cancel Orders and makes no guarantee Products will be available to purchase at a later date. 
    

8. RETURNS AND REFUNDS

1. Wanzl Australia may offer returns and refunds in accordance with its Returns Policy.

9. INTELLECTUAL PROPERTY

1. Wanzl Australia takes its intellectual property rights seriously, particularly when it comes to its unique designs.
    
2. Wanzl Australia or its licensors is or are the exclusive owner of all rights, title and interest in the following:
    
   1. without limitation, all content on the Website, including text, fonts, graphics, photos, images, graphics, artwork, logos, software, domain names, service marks, trade marks, designs, copyrights, information, compilations and audio and video content, the framework, source code, layout, user interface and ‘look and feel’ of the Wanzl Australia Website; and
       
   2. without limitation, any and all copyright, designs (whether registered or unregistered), trade marks and other intellectual property rights embodied in any Products or other goods and services supplied by Wanzl Australia, whether appearing on the Website or otherwise publicly available

(collectively the “Intellectual Property”).

3. No person may use, reproduce, communicate or otherwise exercise any rights in the Intellectual Property unless specifically authorised in writing by Wanzl Australia.

10. PRIVACY AND COOKIES

1. Wanzl Australia collects and uses your personal information in accordance with our Privacy Policy, which is available.
    
2. This Website uses cookies technology in accordance with our Cookie Policy which is available.

11. USING OUR WEBSITE

1. Wanzl Australia does not guarantee the accuracy, completeness, reliability or timeliness of the Website.
    
2. Wanzl Australia cannot and does not guarantee any file, data or program available for download from this Website (or any linked website) is free of from viruses or other malware.
    
3. Wanzl Australia shall not be liable if for any reason the Website is unavailable at any time or for any period.
    
4. The Customer acknowledges and agrees that its use of the Website is on an “AS-IS” basis and from time to time, without representations or warranties of any kind made to the Customer about the Website, and that Wanzl Australia may restrict access to some parts, or the entire Website, without notice.
    
5. Customers are prohibited from using the Website, or Products
    
   1. in a way that violates these Terms and Conditions;
       
   2. for unlawful activities or purposes;
       
   3. in a way that is fraudulent, defamatory, inaccurate, false, misleading or deceptive;
       
   4. in a way that violates any applicable law (including, without limitation, applicable privacy laws);
       
   5. in a way that infringes the rights (including rights in any Intellectual Property) of Wanzl Australia or of any other person; and/or
       
   6. via the use of automated scripts, scrapers or ‘bots’.
       
6.  Each Customer warrants to the Wanzl Australia that
    
   1. all data uploaded to the Website by the Customer is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with the company’s privacy, data or computer systems; and
       
   2. if the Customer is using the Website or agreeing to these Terms & Conditions on behalf of another person or entity, including but not limited to a company or other organisation, the Customer represents and warrants that it has the power and authority to bind such person or entity to these Terms and Conditions.
       
7. The Customer must only use this website, and the Customer must only display, copy, distribute download and print portions of this website for the Customer’s own personal use. The Customer must not attempt to change, reproduce, add to, remove, hack or interfere with the Website or its content.

12. PRODUCT WARRANTY

1. Subject to clauses 12b, 12c and 13, unless otherwise agreed in writing, Wanzl Australia warrants to the Purchaser that the Products will, under proper use, care and maintenance, be free from defects due solely to faulty workmanship or materials for a period of 12months from the date of delivery to the Customer to the extent that upon return to Wanzl Australia (freight pre-paid) during that period, Wanzl Australia shall, at its sole discretion, give credit, repair or supply a replacement.
    
2. Goods or parts not manufactured by Wanzl Australia shall be subject only to that manufacturer’s warranty (if any).
    
3. Any modifications or repairs made to the Products without the prior written authorisation of Wanzl Australia shall invalidate the warranty provided in clause 12a. Replacement of parts pursuant to the repair of Products under Wanzl Australia’s warranty shall not exceed the warranty for the products beyond the original 12-month period and no separate warranty is provided for such parts.

13. LIMITATION OF LIABILITY

1. To the maximum extent permitted by law, Wanzl Australia’s liability for any loss or damage, however caused (including by the negligence of Wanzl Australia’s), suffered by the Customer in connection with the purchase of Products is limited to the lesser of:-
   1. the total amount paid by the Customer for the Goods; or
       
   2. the cost of replacing the Products or supplying equivalent goods.
       
2. Wanzl Australia shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with the purchase or use of the Products, even if Wanzl Australia has been advised of the possibility of such damages.
    
3. Wanzl Australia’s liability for any breach of a condition or warranty implied by law, which cannot be excluded, is limited to the extent permitted by law, at Wanzl Australia’s option, to:
    
   1. the replacement of the Products or the supply of equivalent goods;
       
   2. the repair of the Products;
       
   3. the payment of the cost of replacing the Products or of acquiring equivalent goods; or
       
   4. the payment of the cost of having the Products repaired.
       
4. Nothing in this clause is intended to exclude, restrict, or modify any rights that the Customer may have under the Australian Consumer Law or any other applicable legislation which may not be excluded, restricted, or modified by agreement.
    
5. The limitations and exclusions set out in this clause do not apply to any liability:
    
   1. for death or personal injury caused by Wanzl Australia’s negligence;
       
   2. for fraud or fraudulent misrepresentation; or
       
   3. which cannot be excluded or limited under applicable law.
       
6. The Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
    
7. A Customer’s use of, and reliance on, this Website and its content is entirely at the Customer’s own risk, and to the full extent permitted by law, Wanzl Australia excludes all liability to Customers for all types of loss resulting from a Customer’s use of, or reliance on this Website and/or its content, however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from use of this Website or its content, including from the lack of access to any part of the Website, errors made by the Customer in the data it provides to Wanzl Australia or any errors made on the Website or Intellectual Property.
    
8. Each Customer agrees that it is on notice of Wanzl Australia’s disclaimer of warranties and limitation of liability set out above and agrees to these disclaimers and limitations as a condition of using the Website.

14. REPRESENTATIONS

1. No employee, agent, or contractor of Wanzl Australia (except where authorised in writing by the Managing Director of Wanzl Australia) has any authority to give any warranties or make any representations about the performance specifications or fitness for the purpose of the Products other than those specified in Wanzl Australia’s authorised written material. All such unauthorised warranties and representations are expressly excluded.

15. INDEMNITY

1. The Customer indemnifies and holds Wanzl Australia and its officers, directors, employees and licensors harmless from and against any demands, loss, liability, claims or expenses (including legal fees and costs on a full indemnity basis) made against Wanzl Australia by the Customer or any third party due to, arising from or in any way connected to the Customer’s access and/or use of the Website.

 16. ASSIGNMENT

1. Wanzl Australia may assign, transfer, or delegate any of its rights and obligations under these Terms and Conditions without your prior consent.
    
2. The Customer may not assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions without the prior written consent of Wanzl Australia.
    

17. GOVERNING LAW

1. These Terms and Conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia without giving effect to any conflict of laws principle applicable in other jurisdictions. You agree to submit to the personal jurisdiction of the courts of Victoria.
    
2. The Customer is solely responsible for compliance with any applicable laws of the jurisdiction from which the Customer