Website Terms Of Use

Welcome to our website. The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities. Please take a few minutes to review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this website.

This site is owned and operated by W.W. Wedderburn Pty Limited (ABN 25 003 501 853) (otherwise referred to as ‘Wedderburn’, 'we', 'us', 'our' or 'it'). We reserve the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes. Changes may include superseding terms of use. Your continuing use of any part of this site constitutes your acceptance of any change or update, all of which shall become controlling when posted. These Terms of Use shall otherwise commence when you first visit the website or use any feature incorporated into it, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. We may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access in our sole discretion. Without limiting the foregoing, we have the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that we, in our sole discretion, consider unacceptable, including, but not limited to, entering incorrect or inaccurate information or any use that interferes with us or any user.

Product Description and Colours

Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. We also reserve the right to correct any printing errors.

We have done our best to display as accurately as possible the colours of the products, labels and samples shown on this website. Occasionally, prototype samples or overseas versions are photographed. The colours you see will depend on your monitor and so we cannot guarantee that your monitor's display of any colour will be accurate.

Pricing

All prices are listed in Australian dollars. All orders are subject to price and availability confirmation. If we cannot supply the product for the originally advertised price then we will do one of two things: If the increase in price is marginal then we will absorb the increase, proceed with the order and adjust the price on the website after processing your order. If the price is significantly more, then we will not proceed until we have consulted with you and have outlined the options. You will not be charged for that item until we have been given confirmation to proceed with the new price. You have 48 hours to respond to the options given to you. If you respond after this time frame, you will be asked to place a new order through the website. If there are other items on the order that are readily available, then they will be automatically ordered, regardless of what percentage of the order they make up.

PLEASE NOTE: All prices on the website are for orders placed via the website only. Orders placed by phone, fax, mail order, email or in person at our office will be charged the full recommended retail price (RRP) plus a non-refundable administration fee as the order will need to be hand processed by our staff.

Registration and Security

In connection with your use of the website, you may establish or otherwise receive user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the website. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorise us, directly or through third parties, to make any enquiries we consider necessary to validate your Registration Information. We reserve the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we do not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilising your User Codes, and that we have no duty to enquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that we shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold us harmless against any liability, losses, damages or costs and expenses (including legal fees) arising out of, or resulting from, such access and related use of the website. You also agree to immediately notify us if you become aware of any loss or theft of your User Codes or any unauthorised use of your User Codes. We reserve the right to block your User Codes for any reason.

For your protection, we may require the use of encryption technologies for certain types of communications conducted through the website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

Changes to Orders

We may, but are not required, upon request allow you to add additional items to your order. We are not required to offer a credit or refund at all if you simply change your mind, or have found the product elsewhere, according to NSW and Australian Law.

Reviewing Orders

We review every order prior to processing and will only authorise items that we believe we can source. Some items may not be available and alternatives may be recommended instead. You will not be charged for items we cannot source.

Delivery Expectations

Occasionally stock runs out before the website is updated and you will be notified if you have been affected. Please note that if your order is placed during a "sale" period, dispatch time for 'in stock' items can be delayed due to increased volume of orders. If you have other items on your order then we may hold the 'in stock' item(s) to complete as much of an order as possible.

We are not able to keep stock of all items, and the item you are seeking may have to be ordered in from an overseas supplier. Each item you order may have different delivery expectations depending on availability. Please also note that to offer the widest range of items online we rely on information provided by the suppliers and distributors.

Orders may at our sole discretion attract a delivery charge, notwithstanding any ‘free delivery’ statement made by us. When an order is received, then prior to our accepting your order, we will give you notice of any delivery fees and charges that will be applied by us.

Insufficient and/or Incorrect Delivery Information

Address changes and/or corrections made through your Account will only affect future orders placed after the changes and/or corrections are made. Any changes and/or corrections for current orders must be done by contacting us in writing at the address nominated by us.

Customers who enter addresses that Australia Post or our delivery agents have deemed having incorrect and/or insufficient details to ensure delivery may result in the following:

1. Delayed delivery;

2. Lost parcel;

3. Package/s returned to our warehouse.

Any package returned to us due to the above incorrect and/or insufficient information will require an extra delivery charge. Also, if we have incurred extra fees to retrieve the package, then these charges will also be borne by the customer before the package can be despatched again.

If a package arrives back to our warehouse due to the above incorrect and/or insufficient delivery issues and incurs damage to the item(s), we will not be responsible for replacing the goods but will make every effort to add extra protection to resend the package once the extra delivery fee payments have been made.

If we are found to be responsible for incorrectly addressing a package, then we will be responsible for the resending, replacement or refund of the items delayed or not delivered.

Pick-Ups and Passing of Risk

Any order not picked up within 3 months of the date of invoice, will be placed back into general stock and will be designated as abandoned by you.

Risk with respect to the goods (including any loss, damage or deterioration) shall pass to you immediately when the goods leave our premises, whether you collect same or we dispatch them to you.

Charging of Credit Cards

A credit card is only charged after our order team has confirmed availability. Items that are no longer available will be removed from the website and excluded from your processed order and therefore you will not be charged for them.

If any delays are discovered on a particular item at the time of processing, you will be contacted with details of the options available to you. If you agree to a longer delivery time, your credit card will be charged at the time of confirmation.

If we are unable to charge your credit card due to insufficient funds or other errors, then we will attempt to contact you by email or telephone to rectify the issue. If you do not contact us or we are unable to contact you to resolve the issue then the order will be cancelled. Please note that stock availability and prices may change if the time between placing the order and credit card details being corrected or funds being available is delayed.

By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorise us to collect and store it, along with other information related to your transaction. You authorise us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible, and agree to reimburse us, for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by, or arising out of, payments that you authorised or accepted.

In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorised, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the items purchased by you, we reserve the right to immediately terminate any pending transactions and suspend your account, thereby terminating all of our obligations to you under this Agreement.

Overseas Orders

Orders received for delivery outside of Australia will be accepted solely at our discretion.

Overseas orders may at our sole discretion attract a delivery charge, notwithstanding any ‘free delivery’ statement made by us. If an order is received for an overseas delivery address, then prior to our accepting your order, we will give you notice of the delivery fees and charges that will be applied by us.

Please note that occasionally countries may charge the recipient duties on the import of packages. As these charges are the responsibility of the recipient, please check the Customs service in your destination country to see if charges are applicable. We will not reimburse customers these import costs or provide a refund if a customer refuses to pay them or accept delivery due to these unforeseen instances.

All orders with an overseas delivery address are firm sales and a store credit or refund is not available. Note that this does not apply to Damaged or Faulty Items.

Completion of an Order & Outstanding Items

An order will be complete when any of the following occurs: (i) all items were sent and delivered to your nominated address; (ii) the order has been cancelled; (iii) you nominated to pay by cheque, money order or bank transfer and the monies were never received by us within 30 days of the date of the order and the unprocessed order was cancelled; (iv) you received some items but nominated to get a credit or refund for the remaining amount; (v) we could not charge the credit card and the unprocessed order was cancelled; or (vi) the remaining items that are yet to be delivered in the order are no longer available through our suppliers.

Other Terms

Additional terms and conditions may apply to the hire and purchase of goods and to specific portions or features of the website, including promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this paragraph.

You agree to abide by such other terms and conditions, including (where applicable) representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the terms posted for, or applicable to, a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website or the specific service.

Submissions

We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

You agree that you will neither post nor submit any content that:

1. is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offence, gives rise to civil liability or otherwise violates any local, state, national or international law;

2. violates the copyright, trademark or other intellectual property rights of any other person or us;

3. is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;

4. imposes an unreasonable or disproportionately large load on any infrastructure supporting our website or our systems or networks, or any systems or networks connected to the website;

5. is for the purpose of spamming or promoting goods or services without our prior authorisation;

6. is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;

7. contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or

8. is libelous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the website or any third parties that you encounter as a result of using the website; (ii) collect or store personal data about other users of the website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (iii) upload, email or otherwise transmit any website content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by us, the website, users or any third party; or (iv) submit unwanted messages by email or otherwise or post user generated content that disparages or insults any third party or us.

Communication from Us

As a condition of hire and/or purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert emails, we will disable that functionality for your account. Each and every one of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.

Your Use of the Website

While utilising our website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar individuals thought to be conducting such activity. You may not attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, or to any other services offered on or through the website by hacking or any other illegitimate means.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is subject to copyright. Permission to use documents delivered from this World Wide Website and/or server and related graphics is restricted. Our name or any trademark or logo appearing on the website may not be used in advertising or publicity pertaining to distribution of this information without specific written prior permission from us. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Guarantees and Warranties

We guarantee that when dispatched to you the goods will be of acceptable quality. In the event that goods are not of acceptable quality when dispatched by us, you should immediately contact us. For all household goods (as defined by the Australian Competition and Consumer Act (ACL), if there is a major failure of one of our guarantees, you are entitled to a refund or to reject the item and to get an identical replacement or one of similar value if reasonably available or to keep the goods and get compensation for the drop in value caused by the problem. If there is a minor failure we can choose to repair or replace any item sold by us or to offer you a refund. For non-household goods we can choose in our absolute discretion to repair, refund or replace any item sold by us. In addition to a manufacturer’s warranty (if applicable), we also provide an express manufacturer’s warranty that goods manufactured by us are free from defect for 6 months from date of delivery in the case of wrapping machines and high speed weigh/labelling machines , and in all other cases, for 1 year from date of delivery. The express warranty is a Return to Base Warranty, where the item must be delivered prepaid to our nominated repair centre. We choose whether to repair or replace, and that is the limit of our liability under this express warranty. This express warranty sits alongside and is in addition to the consumer guarantees which cannot be excluded.

Important Exclusions: Our warranty does not cover: in transit damage; failure to comply with the original supplier’s or manufacturer’s warranty; willful abuse or misuse; general wear and tear. This warranty is voided and does not cover any damage caused by the use of other than genuine original manufacturer’s parts and consumables. This warranty does not cover any products sold ‘as is’ or used in breach of manufacturer’s warranty, any damage from cleaning or repair by anyone without written authorisation from us, any damage caused by products not used according to product instructions, consequential damage or incidental damages (except as provided for in the ACL), personal injury, lost profits, lost savings or other economic damages, loss of use of the goods, rental or hire use, damage from prolonged exposure to fire or heat, damage from fraud, intentional acts, war, hostilities, terrorism or vandalism or acts of God.

We must use our reasonable endeavours to assist you to obtain the benefit of any guarantee or warranty offered by the original supplier or manufacturer of any goods that we supply to you.

We sell our products by specification and we guarantee that they are fit for the purpose for which goods of that kind are commonly supplied. You decide what specific purpose to use them or to re-supply them for. Further, unless specifically stated in writing, we take no responsibility for labels or artwork or the appropriateness of the content contained therein on an item by item basis or otherwise; nutritional information contained on the label or completeness of same; checking the accuracy and content of item descriptions, pricing or weights; accuracy of weights; barcodes or other descriptors.

Subject to the other provisions of this clause, we are not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that you are liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Indemnification

You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorney’s fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify us under this section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

Limitation of Liability

WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES.

Trade Measurement Act

TAKE NOTE THAT UNLESS OTHERWISE MARKED WITH A VERIFICATION MARK, THE ITEMS SUPPLIED BY US ARE NOT TO BE USED FOR TRADE USE UNLESS OR UNTIL THE INSTRUMENT IS VERIFIED. WE DRAW YOUR EXPRESS ATTENTION TO, AND YOU HEREBY AGREE AND ACKNOWLEDGE THAT, DIVISION 2 OF PART IV OF THE NATIONAL MEASUREMENT ACT (CTH) 1960 EXPRESSLY PROHIBITS THE USE OR SUPPLY OF ANY UNVERIFIED MEASURING INSTRUMENT FOR USE IN TRADE AND AT ALL TIMES WITHOUT EXCEPTION IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THE MEASURING INSTRUMENT GIVES AN ACCURATE MEASUREMENT (OR OTHER INFORMATION) AS IS REQUIRED. AS AN EXPRESS CONDITION TO OUR SUPPLY, YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOU WILL NOT USE, SELL, SUPPLY OR INSTALL THE SAME UNTIL VERIFIED.

Therapeutic Goods Act

TAKE NOTE THAT UNLESS OTHERWISE CLEARLY SPECIFIED, THE SCALE(S) OR DEVICE(S) SOLD OR SUPPLIED BY US ARE NOT TO BE USED FOR THERAPEUTIC PURPOSES.