PLACING AND ORDER
Responsibilities of the Customer Clause 1
Price Clause 7
Payment Clause 10
Delivery and Freight Costs Clause 16
Returns Clause 28
Items not in stock Clause 31
Warranty Clause 32
Title Clause 36
Liability Clause 37
Ownership of Website Clause 38
Intellectual Property Clause 39
Customer’s Use of the Website Clause 40
Undertaking by DBA Clause 43
Intellectual Property Rights Clause 44
Disclaimer Clause 45
Privacy Clause 46
Termination Clause 48
Severability and Jurisdiction Clause 49
Dental Burs Australia ABN 86 616 924 577 (in this document referred to as DBA)
PLACING AN ORDER
RESPONSIBILITIES OF THE CUSTOMER
1. Customers may place an order by accessing the page at dentalbursaustralia.com.au/basket
2. Customers are responsible for inserting the necessary details such as the postal address. If the delivery of the Goods is delayed because of incorrect information the delay is the responsibility of the Customer and no liability attaches to DBA.
3. Customers are responsible for the selection of the items to be purchased. In the event that the Customer has incorrectly ordered an item (eg ordering a bur with the wrong diameter) DBA will replace the item at no extra charge but the Customer must pay any and all of the freight costs. If the replacement item is more costly than the item originally sent the Customer must pay the difference before DBA will despatch the replacement item.
4. If the replacement item is cheaper that the item originally sent DBA will credit the account of the Customer with the difference.
5. If the Customer wants to amend an order already placed with DBA it must immediately contact DBA. If the order has been despatched before the amendment is received DBA and the Customer must negotiate the appropriate course of action. It is at DBA’s sole discretion to determine what future action should be taken and where the costs will lie.
6. DBA will only accept orders which have an Australian delivery address.
7. Prices are listed in Australian dollars and exclude GST. GST is listed in the ‘Basket’ and ‘Checkout’ pages.
8. DBA reserves the right to change the price of any product without prior notification. In the event of an item being listed online with an incorrect price DBA reserves the right to cancel the order following negotiation with the Customer.
9. DBA will use its best endeavours to ensure that all prices are correctly displayed.
- Any sale prices are subject to DBA approval, alteration and withdrawal at any time.
- Any sale period is subject to DBA approval, alteration and withdrawal at any time.
- Any customer deemed by DBA to be unfairly taking advantage of a promotion may have their purchases voided, and/or have the promotion altered or withdrawal from them at any time.
10. Payment must be made at the same time as the order is placed. Orders will not be dispatched until the payment has been cleared. I am not sure that this is the right word. It is normally only a cheque that is cleared. What about ‘until receipt of payment has been confirmed.’
11. DBA accepts payment by credit card, EFT or cheque.
12. When the Customer elects to make payment by EFT or cheque the Customer must contact DBA to obtain authorisation for this payment method.
13. DBA will not despatch the items until full payment (which includes freight costs) has been received.
14. DBA does not charge for the use of credit cards.
15. Any costs associated with DBA recovering or attempting to recover any payment which has not been successful will be borne by the Customer.
DELIVERY AND FREIGHT COSTS
16. DBA will arrange delivery of the goods by either registered post or Fastway. The method will be selected by the Customer at the time of placing the order.
17. DBA undertakes to despatch the items within 2 business days of receipt of the full amount of the payment. In the event that there is any delay DBA will contact the Customer and advise of the delay and the expected date of delivery.
18. Registered Post and Fastway both require a signature upon delivery.
Is it registered post or express post?
19. Where the Customer selects delivery by Fastway, DBA will charge $7.90 as freight cost and this amount must be included with the payment for the items.
20. Where the Customer selects delivery by registered post, DBA will charge $10,00 as freight cost and this amount must be included with the payment for the item
21. Where the item has been returned because of an error on the part of the Customer, the Customer will be responsible for any freight charge involved in the return. In addition the Customer must pay the freight charges involved with DBA despatching the correct items. This must be paid before DBA will despatch the correct items.
23. Where the item has been returned because of an error on the part of DBA, DBA will pay all freight costs associated with the return of the items and the despatch of the correct items.
24. Where DBA is unable to fulfil the Customer’s order in one delivery and the order is $300 or less, DBA will not charge any additional freight costs.
25. DBA does not charge any freight costs for orders which are over $300.
26. If a force majeure event delays delivery both parties agree to negotiate an alternative delivery date or agree to cancel the order.
27. Once the items pass into the custody of either of Fastway or Australia Post DBA has no further responsibility for the items. Should the items not arrive DBA will do all that is necessary to assist in the recovery the items.
28. The Customer must contact DBA prior to returning any item and receive approval from DBA for the item to be returned.
29. DBA will only accept returns if the item is in its original packaging and unopened unless the item is faulty.
30. If DBA sends the Customer an item which was not ordered by the Customer DBA will replace the item as soon as possible at no cost to the Customer.
ITEMS NOT IN STOCK
31. Where an item which has been ordered by the Customer is unavailable DBA will inform the Customer immediately and advise when it is expected to be available. The Customer may either elect to confirm the order or cancel the order.
32. All items with electrical components (eg. handpieces, micromotors etc) have a one year replacement warranty commencing on the date of despatch by DBA. Every such item sold has a unique serial number which will be used to verify the item. If the serial number provided by the Customer differs from the one recorded on the DBA database or the Customer is unable to be provide the correct serial number then DBA will not replace the item.
33. All non-electrical items are considered consumables and as such do not have a warranty period. Items that are faulty as a result of the manufacturing process as determined by DBA must be returned to DBA and will be replaced at no cost to the purchaser.
34. Items that are faulty because of misuse, damaged at the Customer’s work place (eg. as a result from being dropped) or electrical items that have been tampered with (eg. attempting self repair on motors) as determined by DBA will not be replaced by DBA.
35. Burs provided by DBA are not covered by warranty if used at speeds not recommended by the manufacturer. The correct speed is displayed on the packaging or is available from DBA.
36. Title in the items purchased will pass to the Customer at the time DBA consigns the items to Australia Post or Fastway.
37. DBA accepts no liability for any damage or injury caused by the use of any items purchased from DBA.
OWNERSHIP OF WEBSITE
38. This website is owned and operated by DBA.
39. The content on the Website is copyright ©2017 Dental Burs Australia ABN 86 616 924 577.
CUSTOMER’S USE OF THE WEBSITE
40. Access to and use of the Website is conditional on the Customer’s acceptance without alteration of the terms and conditions set out below. By continuing to access the Website the Customer agrees to the terms and conditions set out below.
What I am trying to say here is that the Customer can only use the website for the purpose of researching and placing an order. They are not allowed to use the material for any other purpose such as publishing it elsewhere or linking to another website.
41. The Customer is not allowed to use the Material on the Website except for the purpose detailed in 1. In particular the Customer must not:
(a) reproduce the content of the website in any form;
(b) distribute the content of the website in any form;
(c) re-transmit the content of the website by any medium of communication;
(d) upload and/or repost the content of the website to any other site; and
(e) link to the Website.
42. Notwithstanding the above restrictions on use of the content of the website, the Customer may download content from the website for its personal non-commercial use provided the Customer do not remove any copyright and trade mark notices contained on the content.
UNDERTAKING BY DBA
43. DBA undertakes that it will not host third party material including but not limited to advertisements or endorsements.
INTELLECTUAL PROPERTY RIGHTS
44. DBA reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
45. DBA does not warrant guarantee or make any representation that the website, or the server that makes the site available are free of software viruses.
46. DBA will deal with any personal information it collects in accordance with its obligations under Privacy Act 1988.
47. DBA will not sell or otherwise make available any information it holds on the Customer.
48. DBA may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and DBA has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
SEVERABILITY AND JURISDICTION
49. If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
50. These Terms of Access will be governed by and interpreted in accordance with the law of Queensland.