Terms of Service
As a valued customer of apaiser, please be aware of our online trading terms, to ensure that your experience is a satisfying one. If you have any questions regarding these terms, please feel free to speak with our sales consultants.
- About apaiser
(1) Your purchase of goods from www.apaiser.com ("website") is subject to these Terms and Conditions of Sale ("Terms"). If you do not accept these Terms, you must refrain from making a purchase from this website.
(2) apaiser Pty Ltd ABN 86 061 790 618 (trading as "apaiser"), and its related of 7/344 Burnley Street, Richmond VIC 3121 ("us", "our", "we”, "apaiser"), carries on business from the website.
(3) The goods and services described in this website are available from apaiser Australia only.
(4) You and apaiser may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to apaiser via the website, to purchase the goods and services at the specified price, subject to these Terms.
(5) The apaiser logo and words are registered trademarks of apaiser Pty Ltd.
(6) In these terms:
(a) "you", "user", "member", and "guest" means anyone who visits and/or uses this website.
(b) reference to a "third party" in these terms includes a reference to any agent or contractor of apaiser 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;
(c) a reference to the "website" means www.apaiser.com
(d) "Order" means a purchase made by you via the website.
- 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.
- Registered Users
(1) You may access and/or use the website as a registered member
(2) To become a registered member of the website, you must provide your name, a valid email address and nominate a password. Please also confirm if you do not wish to receive marketing communications from us in the future. 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 us at email@example.com.
(3) You will receive an email from us as soon as practical 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 us at firstname.lastname@example.org.
(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.
- Legal Capacity
(1) You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2) Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
(a) are over the age of eighteen (18) years;
(b) accept these terms;
(c) agree that you have entered into a legal contract with apaiser in relation to these terms; and
(d) these terms, together with your order, constitute the entire agreement between you and apaiser for the supply of products.
(3) apaiser reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage apaiser may suffer as a result of a transaction entered into by a minor.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or 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) Once an Order has been accepted, no cancellation of that Order is valid unless you receive our written communication endorsing the cancelled order.
(3) Your online Order must be paid for in full before we can begin arrangements for the supply of the products to you.
(4) You and apaiser 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:
(a) placing an electronic Order for the products using the website;
(b) you are confirming the Order details in accordance with the procedure on the website;
(c) you making payment in full (plus any applicable delivery charges) on the website; and
(d) the acceptance of that offer by apaiser.
(5) 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:
(a) any requirements set out in these terms have been met;
(b) the electronic instruction containing the offer from you enters and is recorded in our database;
(c) a record is created and stored in our database; and
(d) apaiser 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.
(6) You acknowledge that:
(a) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by apaiser 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;
(b) to the extent permitted by law, apaiser 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;
(c) apaiser may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(d) apaiser 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.
(7) You will receive an email from apaiser as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our Team.
(8) If your Order is not accepted by apaiser, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(9) apaiser 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.
(10) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If apaiser cannot supply a particular product, apaiser will notify you by telephone or email as soon as possible.
(11) apaiser 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 fulfillment of your Order.
(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) Images of products shown without any advertised price beside that image are not offered for sale via the website. Please contact our team for purchase of these products.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to our acceptance of your order.
(2) Payments must be made via the Shopify secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
- Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by apaiser, apaiser will sell and supply the products to you as shown on your Order confirmation.
(2) apaiser will endeavor to deliver your Order to listed areas within the lead time indicated at the time your order was placed.
(3) Other than deliveries to non-listed, regional or remote areas, if apaiser gives you notice that it will be unable to deliver your Order within 14 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and apaiser will arrange for a full refund of any payment made by you to be processed.
(4) Delivery times may be greater than 14 business days for non-listed, regional or remote areas.
(5) Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the products within the specified time resulting from shipment/delivery delays from our suppliers.
(6) Delivery will be arranged with you in advance. If you are unable to accept delivery within 14 days from our first call, a storage fee of $500 per week will be payable. Storage fees will be invoiced to you on a weekly basis until delivery has been completed and are payable prior to final delivery.
(7) If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for transport and re-delivery costs.
(8) If you wish to change the delivery date or delivery address you must contact our Team at least 48 hours prior to the dispatch of your Order.
(9) Delivery shall be arranged by a third-party contractor and as such, specific delivery times will not be given. Apaiser will endeavor to deliver your order with the date and estimated timeframes given however apaiser does not warrant that these timeframes will always be met as many factors can affect these timeframes
(10) The delivery service shall be standard delivery to curbside only. The driver is not able to deliver your order to inside your premises and is not responsible for the unpacking of items or removal of packaging.
(11) You must advise at the time you place your Order by contacting our Team of any difficulties that may be involved in the delivery (such as vehicle restrictions in your area, narrow driveways or issues relating to access). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and additional assist costs. Any additional costs in relation to access into your premises, e.g., crane, are your responsibility. If it is not possible for the products to be delivered to your premises, the products will be returned to our warehouse and you will be invoiced for transport and re-delivery. In addition, the above storage charges will apply.
(12) apaiser reserves the right to make part deliveries of any Order and each part delivery will constitute a separate contract in respect of the products delivered. Failure to deliver all the products you have ordered will not invalidate the contract as regards any part deliveries.
(13) apaiser cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.
(14) You are required to inspect your products when you take delivery of them. You will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. You will also be required to notify us by telephone or email of any damage to the order within 48 hours of delivery.
(15) For orders to non-listed, remote or regional areas, please contact our Team.
(16) Online orders and delivery are available within Australia only. For orders outside Australia, please contact our team.
- Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery.
- PayPal and credit card fraud
(1) The website employs the latest in Secure Sockets Layer technology from the Shopify payment gateway to secure our payment systems. Shopify is certified Level 1 PCI DSS compliant. For more information, see Shopify PCI page.
(2) To the extent permitted by law, apaiser and its 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.
- Disclaimer and Indemnity
(1) To the extent permitted by law, apaiser and its related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, apaiser and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, apaiser and its related bodies corporate, including its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
- Order Enquiries
If you have any query about the progress of your Order please contact our Team. Please have your Order number handy as shown on the email confirmation.
- 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 apaiser will 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 our Team immediately.
(4) In case of damaged goods, please refer to our warranty policy. This document is available on the website or by contacting our Team.
(5) apaiser will not be responsible for ensuring that the products are suitable for a particular purpose outside the intended purpose.
(6) Your products must be installed by a qualified plumbing contractor and apaiser will not be liable for any damage arising from incorrect installation. apaiser will not be responsible for ensuring that the goods comply with specific local regulations.
(7) apaiser will not accept any claims made once the products have been installed, excluding those outlined in our warranty policy.
- Privacy and Personal Information
(2) The privacy of your personal information is important to apaiser.
(3) apaiser and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at email@example.com. Personal information may include your name, residential and/or postal address, telephone number and email address.
(4) Your personal information is not collected if you only browse this website.
(5) Online payments are handled by Shopify. apaiser does not store your credit card or banking details. For further information please review Shopify’s Security and Payment standards.
(6) apaiser, its related bodies corporate and our authorised third parties, may use your personal information for the purposes for which you give it to them and for their own internal purposes. You agree that apaiser and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website. If you would prefer not to receive promotional or other material from apaiser or its third parties, please let us know and apaiser will respect your request. You also agree that apaiser may contact you by telephone to arrange delivery or collection of your Order.
(7) You may request apaiser to remove your personal information from its database by emailing us at firstname.lastname@example.org.
- Force Majeure
apaiser will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
- Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. apaiser makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and apaiser.
- Transfer and Assignment
If apaiser merges, sells or otherwise makes any change to the control of its business or this website to a third-party, apaiser reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that apaiser has collected from you and any agreements it has made with you.
The failure of apaiser 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 apaiser.