Sydney Trolleys Trading Terms and Conditions
- Welcome to https://trolleysonline.com.au(the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
- The Website is operated by Sydney Trolleys (ACN 127 971 126). Access to and use of the Website, or any of its associated Products or Services, is provided by Sydney Trolleys.
- Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- Sydney Trolleys reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Sydney Trolleys updates the Terms. Any changes to the Terms take immediate effect from the date of their publication.
- In this agreement “goods” shall mean all goods and services supplied by us as described on any quotation, invoice or any other documentation created by us.
- By purchasing goods from us, you will be deemed to have accepted these terms and conditions.
- All previous negotiations, representations, arrangements, and statements (if any), between you and us, whether express or implied, are excluded and cancelled.
- Every quotation is an estimate only and is subject to us (if reasonable in all the circumstances) amending the quote at any time prior to our acceptance of your order, to meet any cost difference between the date of the quotation and the date of completion of the order.
- Quoted prices are valid for 14 days and subject to your order being for the whole quantity stated in the quotation.
- All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST unless otherwise indicated.
- Sydney Trolleys reserves the right to change the prices of Goods at any time without notice to you.
- In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
- In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Sydney Trolleys will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Sydney Trolleys will cancel your Order.
- By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.
- Unless otherwise stated, prices for delivered goods are freight on board from our premises. Special transport charges or variations in tariffs, rates of exchange, special taxes, transport charges, insurance premiums, harbour dues or similar costs and all other costs which affect the goods must be paid for by you.
- You can place an Order by following the instructions on the Website.
- An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. Sydney Trolleys may accept or reject your offer in its absolute discretion. In particular, but without limitation, Sydney Trolleys may reject Orders for commercial quantities of Goods.
- Each Order that you place will, if accepted by Sydney Trolleys, be a separate and binding agreement between you and Sydney Trolleys with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
- If you place an Order for someone else to receive the Goods you must obtain their consent before providing Sydney Trolleys with their personal information and, by placing an Order, you confirm to Sydney Trolleys that you have done this.
- For “Factory Seconds” Goods, a limit of one per customer applies.
- Please ensure that you enter all information carefully when placing an Order. You warrant to Sydney Trolleys that all information provided by you in relation to each Order is complete, true and accurate. Please note that we do not offer refunds or exchanges for change-of-mind purchases.
- Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Sydney Trolleys. Sydney Trolleys will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Sydney Trolleys will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Sydney Trolleys, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Sydney Trolleys cannot consolidate separate Orders into one delivery.
- The internet can be an unstable, and sometimes insecure. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of Sydney Trolleys.
AFTER AN ORDER/PAYMENT HAS BEEN SUBMITTED
- When you submit an Order you will receive an Order reference number via e-mail.
- Sydney Trolleys will process payment for your Order when you place your Order. Your Order is deemed to be accepted by Sydney Trolleys, however, Sydney Trolleys may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Sydney Trolleys cancels your Order having already processed payment, it will refund payment to your original payment method(s) within 2 business days.
- When Sydney Trolleys accepts an Order it represents an agreement by Sydney Trolleys to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
- You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Sydney Trolleys may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card you authorise Sydney Trolleys to deduct the price and the applicable Delivery Charge(s) from such card.
- Sydney Trolleys reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
- Sydney Trolleys may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, Sydney Trolleys reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
- Customer without a credit account: Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
- Payment must be made against each part or portion of any order as delivered and we reserve the right to invoice for part delivery of any order.
- Any times given for delivery of goods are approximate and for guidance only. Although we make every effort to keep to delivery times, we specifically exclude all liability for loss or damage occasioned by delays in delivery.
- Risk of loss or damage to goods arising in the course of transit are to be borne by you such that to the fullest extent permitted by law we exclude liability for loss or damage to goods in transit caused by any event of any kind.
- Unless otherwise arranged, orders delivered to residential addresses will be using the standard ATL ‘Authority to Leave’ process. You’ll be responsible for protecting your order from weather damage, theft or getting lost once your parcel(s) have been delivered. If the courier deems the drop-off area to be unsafe for delivery (e.g. Unit/ Apartment block), your parcel(s) will be directed to the nearest depot or local post office and redelivery fees may apply. Please note your closest depot/ post shop could be a bit of a drive.
- Please note that in cases where an item is returned to the sender due to reasons beyond our control, such as an address provided by you that is deemed incomplete or incorrect by the courier or post office, the delivery being refused, or the parcel not being collected from the post office, the freight charges incurred are non-refundable. We strongly advise ensuring accurate and complete address information to avoid any inconvenience.
- Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Sydney Trolleys is entitled to receive all
insurance proceeds payable for the Goods. The production of these terms and conditions by Sydney Trolleys is sufficient evidence of Sydney Trolleys’s rights to receive the insurance proceeds without the need for any person dealing with Sydney Trolleys to make further enquiries.
- If the Customer requests Sydney Trolleys to leave Goods outside Sydney Trolleys premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.
- The Customer shall be liable for any loss or damage whatsoever caused in the event that the Goods are fitted, serviced or operated incorrectly, or adapted for use other than the purpose that the Goods were intended for, or any part thereof however arising.
- The Customer acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. Sydney Trolleys will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
- The Customer acknowledges that where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods.
- The Customer acknowledges that Goods supplied may:
(a) fade or change colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather; and
(c) mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by impact or scratching.
- The Customer warrants they will not exceed any specified weights/load limits of the Goods. Sydney Trolleys shall not be liable for any damage caused to the Goods as a result of the Customer exceeding any specified weights/load limits.
- The Customer agrees that Sydney Trolleys shall not be liable for any damage or loss including personal injury, death, (including but not limited to the failure of the Customer to follow Sydney Trolleys’ safety, operation or maintenance instructions, or where the Customer has not received any formal instruction or training from Sydney Trolleys in relation to the Goods) or property loss due to any event beyond Sydney Trolleys’ control.
RETENTION OF TITLE AND RISK
- Title and ownership of goods delivered will only transfer to you when you have paid in full all amounts owing by you to us.
- Until such time as title and ownership in the goods passes to you, you shall hold the goods as bailee for us, and shall when requested by us hold any proceeds from the sale or disposal of property to which the goods are attached up to the amount owed to us in a separate account for which separate records are kept.
- If the goods are attached or fixed by you to any property of yours, by way of any manufacturing or assembly process, title of the goods shall remain with us until you have made payment for all goods. Where goods are attached or fixed to property so as to be part of or constituent of any new goods, title to those goods shall be deemed to be assigned to us as security for the full satisfaction by you for the full amount owing by you to us.
- In the event of non-payment or if payment of your account is overdue, we shall be entitled without prejudice to any other right we have at law or in equity to enter the place where the goods are stored for the purpose of recovering and taking possession of the goods supplied including removal of the goods from any property to which they have been attached or fixed.
- Risk in the goods passes to you immediately upon the first to occur of:
(a) delivery to you;
(b) the goods being in your custody; or
(c) the goods being within your direction or control including the goods being in
transit to you.
PERSONAL PROPERTY SECURITIES ACT 2009 (Cth) (“PPSA”)
- In consideration of us supplying the goods to you, at your request, you, by agreeing to these terms and conditions of sale and supply:
(a)Grant to us a purchase money security interest (“PMSI”) as defined by the PPSA in the goods; and
(b) Agree that any of the goods or proceeds of the sale of property of yours to which the goods are attached or fixed coming into existence after the date of these terms and conditions of trade will come into existence subject to the PMSI granted herein and the terms of these terms and conditions of sale and supply without the need for any further action or agreement by any party; and
(c) Acknowledge that you have received valuable consideration from us and agree that it is sufficient; and
(d) Agree that the PMSI has attached to all goods supplied now and in the future to you and that the attachment of the PMSI has in no way been deferred or postponed.
- We reserve the right to register a financing statement in respect of any goods supplied by us to you pursuant to these terms and conditions of sale and supply and in respect of which credit has been extended by us to you. The costs of registering a financing statement or a financing change statement shall be paid by you and may, where applicable, be debited against your account, with us.
- To the extent the PPSA permits, you waive your right to receive a copy of the verification statement confirming registration of a financing statement, or a financing change statement relating to the security interest under these terms and conditions of sale and supply.
- You shall promptly, on request by us, execute all documents and do anything else reasonably required by us to ensure that the PMSI created by these terms and conditions of sale and supply constitutes a perfected security interest over all goods supplied.
- You shall not agree to allow any person to register a financing statement over any of the goods supplied by us without the prior written consent by us and will immediately notify us if you become aware of any person taking steps to register a financing statement in relation to such goods.
- You shall not allow the goods to become accessions or commingled with other goods unless we have first perfected any security interest that we have in relation to the goods.
- If we perfect any security interest that we have in relation to the goods, you shall not do anything that results in us having less than the security or priority granted by the PPSA that we have assumed at the time of that perfection.
- You irrevocably grant to us the right to enter upon your property or premises, without notice, and without being in any way liable to you or to any third party, if we have cause to exercise any of our rights under the PPSA, and you shall indemnify us from any claims made by any third party as a result of such exercise.
- To the extent the PPSA permits for the purposes of sub-sections 115(1) and 115(7) of the PPSA we and you agree that at our discretion we need not comply with sections 95, 96, 118, 121(4), 125, 130, 132(3)(d), 132(4),142 or 143. In addition, for the particular purposes of sub-section 115(7) of the PPSA we need not comply with sections 132 and 137(3).
- To the extent the PPSA permits, you waive your rights to receive any notice that is required by any provision of the PPSA, including a notice of a verification statement. Furthermore, to the extent the PPSA permits, you waive your rights to any time period under the PPSA that must otherwise lapse before we or our appointee may exercise a right, power or remedy. In the event that the PPSA requires that a period of notice or a lapse of time cannot be excluded, but further provides that the period of notice or lapse of time may be agreed between us, that period or lapse of time is one business day or the minimum period the PPSA allows to be agreed.
- Goods must be used in accordance with any manufacturer’s instructions and any product information or guides published by us.
CANCELLATION OF ORDERS
- If you cancel an order which has been accepted by us, you must pay a reasonable charge for the work completed and materials used.
- Despite the cancellation of an order for any reason, you must pay in full for any goods which are: part of that order which were especially procured for you; custom ordered, imported, manufactured, or made to order by us; or of a particular nature not normally stocked by us.
- Sydney Trolleys reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Sydney Trolleys may do this for example, but without limitation, where:
- (a) Sydney Trolleys’ suppliers are unable to supply Goods that they have previously promised to supply;
- (b) an event beyond Sydney Trolleys’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that Sydney Trolleys is unable to supply the Goods within a reasonable time;
- (c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
- Where Sydney Trolleys cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
- In the event of Sydney Trolleys cancelling your Order after payment has been processed, Sydney Trolleys will refund any money paid in respect of that Order.
- Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Sydney Trolleys will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
DEFECTS and RETURNS- Competition and Consumer Act 2010 (CCA)
- The Customer must inspect the Goods at the time of Delivery and immediately notify Sydney Trolleys in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Sydney Trolleys to inspect the Goods.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- Sydney Trolleys acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Sydney Trolleys makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Sydney Trolleys’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Customer is a consumer within the meaning of the CCA, Sydney Trolleys’ liability is limited to the extent permitted by section 64A of Schedule 2.
- If Sydney Trolleys is required to replace the Goods under this clause or the CCA, but is unable to do so, Sydney Trolleys may refund any money the Customer has paid for the Goods.
- If the Customer is not a consumer within the meaning of the CCA, Sydney Trolleys’ liability for any defect or damage in the Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Customer by Sydney Trolleys at Sydney Trolleys’ sole discretion;
(b) limited to any warranty to which Sydney Trolleys is entitled, if Sydney Trolleys did not manufacture the Goods;
(c) otherwise negated absolutely.
- Subject to this clause, returns will only be accepted provided that:
(a) the Customer has complied with the provisions of clause 72; and
(b) Sydney Trolleys has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
- Notwithstanding clauses 72 to 79 but subject to the CCA, Sydney Trolleys shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Customer failing to properly maintain or store any Goods;
(b) the Customer using the Goods for any purpose other than that for which they were designed;
(c) the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Customer failing to follow any instructions or guidelines provided by Sydney Trolleys;
(e) fair wear and tear, any accident, or act of God.
- Sydney Trolleys may in its absolute discretion accept non-defective Goods for return in which case Sydney Trolleys may require the Customer to pay handling fees of up to thirty percent (30%) of the value of the returned Goods plus any freight costs.
- Notwithstanding anything contained in this clause if Sydney Trolleys is required by a law to accept a return then Sydney Trolleys will only accept a return on the conditions imposed by that law.
- In no event shall Sydney Trolleys be liable for death, injuries to persons or property, or for incidental, indirect, contingent, special or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Sydney Trolleys of these terms and conditions from the use of our goods. (Alternatively Sydney Trolleys’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods)
- We will not be responsible or liable to you for nor will these terms and conditions be terminated as a result of any failure to perform our obligations under this agreement to the extent and for the period that such failure results from circumstances beyond our reasonable control.
- If any provision of these terms and conditions is invalid, these terms and conditions shall be read as if that provision has been severed.
- These terms are governed by the laws in force in the State of New South Wales, Australia.
PRIVACY ACT 1988
- We shall be entitled to obtain a personal credit report to collect overdue payment on commercial or consumer credit (Section 18K(1)(h) Privacy Act 1988).
- You agree that individual data provided may be used and retained by us for the following purposes and for other purposes as agreed to between you and us or required by law from time to time:
(a) Provision of goods.
(b) Providing instruction to subcontractors.
(c) Assessing the credit worthiness of the customer in relation to extending credit.
(d) Exchanging of information with credit reporting agencies, or with any trade reference/s named by you.
(e) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by you.
(f) Collection of amounts outstanding in your account by our nominated collection agent and/or solicitor.