TERMS OF SALE
Terms and Conditions of Online Orders for Goods From WORKDASH.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and WorkDash Pty Ltd ABN 54 615 907 830 (WorkDash, “us,” “we,” or “our”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from workdash.com.au. By placing an order for Goods from WorkDash you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
1. Your Legal Rights
1.1 Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that WorkDash represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
2. Quotes, Estimates and Orders
2.1 Unless the quotation/estimate specifies otherwise, it is valid for 30 days and for the full quantity only. The quote/estimate supersedes all previous quotes/estimates. If you wish to change your order or product specifications before delivery, this must be completed within 24 hours of the original order. WorkDash will then provide you with a new quote. We will be bound to supply you the Goods when WorkDash accepts your order (but not before), and you will then be bound to pay for them. Delivery is within 30 days of us accepting the order except where we advise you otherwise. Online orders will be regarded as accepted once they have been submitted and you have received an email order confirmation from us.
2.2 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. WorkDash may accept or reject your offer in its absolute discretion.
2.3 Each Order that you place will, if accepted by WorkDash, be a separate and binding agreement between you and WorkDash with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
2.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing WorkDash with their personal information and, by placing an Order, you confirm to WorkDash that you have done this.
2.5 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. WorkDash cannot consolidate separate Orders into one delivery.
2.6 WorkDash reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted.
3. Pricing & Taxes
3.1. Prices for Goods are as shown on the Website.
3.2 WorkDash reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by WorkDash.
3.3 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 light aircraft or barge transport is required, or to which 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 WorkDash 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, WorkDashi will cancel your Order. WorkDash will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.4 If WorkDash agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”).
3.5 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.
3.6 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4.1 Online orders: You must pay for all online orders within 7 days of the order confirmation in accordance with one of the payment methods offered by WorkDash.
4.2 WorkDash reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
4.3 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.
5. Delivery (if applicable)
5.1 If delivery is offered by WorkDash, a charge for delivery to your home or premises will apply. WorkDash will give you an estimated delivery date/time in good faith, but we are unable to accept liability for delay in delivering the goods which is beyond our reasonable control (eg if stock is unavailable). You must ensure there is clear and safe access for delivery. Please ensure there is a person present at the delivery premises who is authorised by you to accept delivery. If there is not, you authorise us to deliver the Goods anyway (if we consider it is safe and appropriate to do so). If the delivery person arrives at the agreed time but is unable to deliver the Goods or considers that it is unsafe or inappropriate to do so, you may be required to pay for re-delivery later. Some Goods may require extra delivery personnel which may incur an additional charge. We will deposit your Goods at ground level at the delivery premises unless you have arranged otherwise with us. The Goods are at your risk after delivery. For Commercial customers liability for damage to any property occurring in the course of delivery will not be accepted.
5.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
6.1 If Order Goods are being collected, please collect them within 7 days after we inform you that they are ready for collection. If you do not, then unless you make arrangements with us for late collection, we will assume you have cancelled your order. This means we may re-sell the Goods and you may forfeit any deposit or payment you have made. We may need to verify your identity upon collection. Fully paid orders will be held for 21 days from the date of payment. Any orders not collected within 21 days from the date of payment may be cancelled, and the full purchase price will be refunded.
7. Refunds of Your Money
7.1 Where WorkDash is obliged to refund your payment pursuant to these Terms and Conditions, WorkDash aims to initiate your refund within 5 business days (Monday – Friday 9 a.m to 5 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if WorkDash is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
7.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), WorkDash 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 any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Return of Faulty or Damaged Goods
8.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact WorkDash as soon as possible.
8.2 If you have a problem with any Goods or otherwise wish to return them please refer to WorkDash’s Returns Policy which forms part of these Terms and Conditions.
8.3 When returning Goods
(a) please provide WorkDash with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
8.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
9. WorkDash’s Liability to You
9.1 To the full extent permitted at law, WorkDash is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.