This Website is owned and operated by Hydroware Pty Ltd (ABN 62 140 371 839) trading as Hydroware.
By accessing and using this Website or purchasing products through this Website, you accept and agree to be bound to these Terms and Conditions. From time to time, we may make amendments to these Terms and Conditions at our absolute discretion. Any amendments will come into effect on the date they are published on this Website. By continuing to access or purchasing products through this Website after any amendments are made, you accept and agree to be bound by the amended Terms and Conditions.
In these Terms and Conditions, unless the context provides otherwise, the terms below have the following meanings:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth)
Delivery means Delivery of the Goods.
Dispatch means the time than an Order leaves our control for delivery.
Goods means the Products subject of an Order.
GST means the tax imposed by the GST Act or its related legislation but includes any similar or substitute impost introduced in the future.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 and associated legislation as amended from time to time.
Hydroware, Us, We and Our means Hydroware Pty Ltd (ABN 62 140 371 839) trading as Hydroware.
Major Failure has the meaning provided under the Australian Consumer Law.
Order means an accepted offer to purchase Products.
Product and Products means the items listed for sale on the Website.
Refund means a return of money paid via the same method of payment that money was received.
Terms and Conditions means these Terms and Conditions and any subsequent amendments.
Website means hydroware.com.au.
1. Terms of Use
1.1. All copyright, trade marks and other intellectual property on this Website is and shall remain the property of Hydroware at all times. You must not copy, reproduce or otherwise use any content from this Website without the express written permission of Hydroware.
1.2. You accept that use of this Website is at your own risk and agree to indemnify and hold harmless Hydroware from and against any loss, claim or liability which you have or may have arising from or as a result of your use of this website.
2. Purchases
2.1. You must be over the age of eighteen to use this website or purchase our Products through this Website, and by using this website you warrant to us that you are a legal adult able to enter contracts.
2.2. Products purchased through this Website are for private use only. You must not purchase Products through this Website for the purpose or with the intention of reselling those Products. Hydroware has the right to reject any Order it suspects to have been placed in breach of this condition. If you wish to purchase our products for resale, please contact us at [email protected].
2.3. All prices listed on the Website are expressed in Australian dollars (AUD) and are inclusive of GST. We may vary our prices without notice at any time. Orders will use the pricing of the website at the time when the Order is placed, which may be different to the price when an item was added to your cart. Please review your purchase before completing an Order.
2.4. Generally, we accept payment via Visa, Mastercard, Eftpos, PayPal and cash on delivery. We cannot always guarantee the availability of these payment methods and accept no liability for loss arising from the unavailability of any payment method at any time.
2.5. By entering your payment details at checkout and selecting “Place Order”, you are making an offer to Hydroware to purchase the Goods. You do not have a binding contract for the provision of the Goods with Hydroware until your Order is accepted by Hydroware. Your Order is accepted when you receive an Order confirmation email from us and your payment is processed. We retain ownership of all Goods until your payment is processed. Hydroware may at its absolute discretion reject any offer received for any reason whatsoever.
2.6. We may cancel your Order after we have accepted it for any reason at our sole discretion, including if a Product becomes unavailable prior to Dispatch. If this occurs, we will notify you by email and issue you with a refund.
2.7. If an item in an Order for multiple Products is unavailable, your Order will be temporarily placed on hold and we will contact you to confirm whether you wish to either:
2.7.1. cancel the whole Order and seek a full refund; or
2.7.2. proceed with the purchase after amending the Order to remove only those unavailable items and accept a refund only for those unavailable items.
You have five business days to respond to a notice that your Order can only be part filled. If you do not respond within that timeframe, we shall at our sole discretion chose which of the two options to apply and notify you of that decision.
2.8. Except as otherwise provided, you cannot cancel an Order once it has been accepted by us.
2.9. We do not, to the extent permitted by law, accept any liability for loss arising from cancellation or the unavailability of products.
3. Delivery
3.1. The cost of Delivery is your responsibility unless otherwise expressly stated at checkout. The cost of Delivery will be calculated at checkout. We do not charge delivery fees on standard delivery of orders over $450.
3.2. Any Delivery times provided are estimates only. We do not represent or warrant that Delivery will occur by or before any Delivery date. We do not, to the extent permitted by law, accept any liability for loss arising from late or delayed Delivery.
3.3. It is your responsibility to ensure that all Delivery information is correct at checkout as we cannot redirect your Order once it has been packed for Dispatch. If you become aware that the nominated delivery information is incorrect prior to Dispatch, you must let us know immediately. While we will endeavour to ensure that the information is corrected prior to Dispatch, we make no guarantees that this will be possible and accept no responsibility for failure to amend the information prior to Dispatch. If your Order is returned to us because you have nominated incorrect delivery information, you will need to pay the cost of Delivery again if you wish to have the Order resent. If you choose not to pay for redelivery, you will not be entitled to a refund for products which are delivered to the wrong address if you have provided us with that address, though we may agree to provide one, less any delivery fees, at our sole discretion.
3.4. We will notify you via email when your Order has been dispatched and provide you with a tracking number where available.
3.5. All Orders require signature on Delivery. It is your responsibility to ensure that someone is available to sign for the Delivery at the address. If nobody is available to sign for the Goods, the Goods will be taken to a local post office for collection by you.
3.6. Responsibility and risk for the Goods passes to you at Delivery or on the first Delivery attempt. This means that, to the extent permitted law, any damage caused the Goods or loss of the Goods from that point will be at your responsibility and cost. You agree to indemnify us against all claims, demands, suits and proceedings for loss or damage caused by or arising from the handling, transport, storage, display or use of the Goods after Delivery or the first Delivery attempt.
3.7. We do not ship internationally.
4. Refunds and Exchanges
4.1. 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.
4.2. If the products received are defective but not in a way that amounts to a Major Failure, we will provide you with a refund or a replacement with an identical product at our election. You should contact us upon becoming aware of the defect to let us know what you would like to do and provide us with photos of the issue. You will need to return the product to us via tracked post. We will meet the cost of this return if the claimed defects are substantiated. We will send you a confirmation email once the return has been received and let you know when your refund has been processed or your replacement has been shipped.
4.3. Ordinary wear and tear, damage caused by misuse, or damage occurring after delivery (except where cause by a defect) does not constitute a major failure or a failure of acceptable quality. If you return product on the basis of a defect and any damage is assessed to have been caused by ordinary wear and tear or misuse, you will not be entitled to replacement, refund or repair. If this assessment is made and you wish to have the Product returned to you, cost of Delivery will be at your cost.
4.4. Nothing within these Terms and Conditions limits your rights under consumer protection legislation including the Australian Consumer Law to the extent it applies.
4.5. In accordance with the Australian Consumer Law, Hydroware is not obliged to provide you with a refund if you change your mind about a purchase. However, we may at our sole discretion agree to provide you with a refund for change of mind where a return is requested within 30 days of purchase and the relevant products remain unopened and in a resalable condition. You acknowledge that the cost of return delivery must be met by you if we agree to accept a return in these circumstances.
4.6. We make no promises or statement about the fitness for purpose, quality or maintenance of our Products. By placing an Order on the Website, you acknowledge that you have relied solely on your own judgement of the suitability of the Products for your intended purposes.
5. Limitation of Liability
5.1. To the extent permitted by law, our liability will in all circumstances be limited to the value of your Order.
5.2. Without limiting any other clause of these Terms and Conditions, and to the maximum extent permitted by law, Hydroware will not be liable to you for any indirect, special or consequential damage arising in any way out of any matter covered by these Terms and Conditions.
5.3. No warranty is provided that goods will discharge all responsibilities with respect to regulations, laws, guidelines, Australian standards or otherwise as these vary from industry to industry and jurisdiction to jurisdiction. You agree that you have satisfied yourself as to fitness for purpose and legislative compliance.
5.4. By placing an Order for our Products, you warrant that those Products will only be used for and in connection with lawful purposes and activities. You irrevocably agree to release, indemnify, and hold harmless Hydroware for and against any liability, including any consequential losses, arising from any breach of this term.
6. General Terms
6.1. You acknowledge that these Terms and Conditions represent the whole agreement between you and us and that no oral or written statements made by us or our representatives prior to your use of the Website or placing an Order for part of any agreement. These Terms and Conditions supersede any earlier versions of these Terms and Conditions.
6.2. This agreement is governed by the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and agree that the Courts of other Jurisdictions would be clearly inappropriate venues. For the purposes of determining jurisdiction of the Magistrates’ or other Courts the place of this contract is Campbellfield, Victoria.
6.3. If any part of these Terms and Conditions are found to be unlawful, invalid or unenforceable by operation of law, that part shall be severed from the Terms and Conditions, and to the extent possible the remainder of the Terms and Conditions will continue to be in force.
6.4. In the event that payment is outstanding on an Order, interest will accrue from the date of default at the rate prescribed from time to time under the Penalty Interest Rate Act 1983 (Vic) plus two (2) percent as a genuine pre-estimate of Hydroware’s loss.