M&N Commercial Pty Ltd t/a Wagen Material Handling Terms and Conditions of Sale ("Wagen")
1. User Agreement
1. By visiting and/or using wagen.com.au Website and its associated services and functions ("Website") you agree to be bound by this User Agreement ("Agreement").
2. This Agreement is formed between anyone who visits this Website ("you" and "your") and M&N Commercial Pty Ltd (ABN 78 168 088 588) of 22 Bent Street, St Marys, NSW 2760 ("we", "us" and "our").
3. If you do not agree to any provisions of this Agreement, you must not use the Website.
4. We reserve the right to make changes to this Agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of the changes, you agree to be bound by the changes. You should check our Agreement and policies from time to time, especially when ordering goods, to acquaint yourself with the current versions of those documents.
1. In order to make purchases and access some features of the Website, you will need to be a registered member.
2. You may not use another member's account without their permission.
3. When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
4. You will be required to select a username to become a member. For promotional purposes, you agree that we may display the usernames corresponding with the purchasers of the last few orders received. This will be in the form of "…username (2nd, 3rd order, etc) just bought". We recommend you do not use your real name as your username.
5. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
6. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
1. By making an on-line purchase you accept these terms and conditions and acknowledge that you:
i. are over 18 years of age, and/or
ii. are entering into a legal contract with us.
2. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of Services / Termination
1. We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change.
2. We may stop (temporarily or permanently) providing access to the Website to you, or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any completed purchases that you have made.
3. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this Agreement by you.
1. We will provide services with due care and skill but except to the extent required by law we do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this Agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (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:
i. errors, mistakes or inaccuracies on the Website;
ii. you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked Website;
iii. personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
iv. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
v. any interruption or cessation of transmission to or from our Website;
vi. any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
vii. failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities.
2. Except if and to the extent only required by law or as otherwise set out in this Agreement, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
3. We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses. The only authorised access point is http://orders.mann-noble.com with no characters before or after "orders.mann-noble.com ".
4. Where any law implies a warranty into this Agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.
6. Use of the website by you
1. You agree to use the Website only for purposes that are permitted by this Agreement and not prevented by any applicable law or regulation.
2. You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
3. You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.
4. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.
5. You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this Agreement, by law or with our prior written consent.
6. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Information on this website
1. Information about products on the Website is based on material and information provided by suppliers and manufacturers of products.
2. To the extent permissible at law we disclaim any liability in respect of inaccuracies or errors in relation to products or services promoted at the Website including where caused by incorrect information supplied to us or as a result of manufacturers or suppliers changing product specifications without notice to us.
3. You agree to make your own enquiries to assess the suitability of the products before you purchase and subsequently use.
1. The display of products on the Website does not constitute an offer to sell. It is an invitation to treat only.
2. Orders placed by you are offers to purchase particular products under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
3. We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
4. You may cancel your order only if we have not started processing it or otherwise with our prior consent. Where an order is cancelled in the permitted circumstances, we reserve the right to charge a cancellation fee of 20% of the purchase price or $25 (whichever is lower) being a genuine estimate of the administrative costs associated with the cancellation.
9. Maximum Purchase amount
1. Where a product is advertised as being subject to a maximum number of units that may be purchased, you may not purchase more than that maximum number. You agree and acknowledge that products sold through the Website are sold on the basis that you may not resell products purchased by you for commercial or trade purposes (including through any intermediary).
1. The prices of products, delivery and other charges shown are in Australian Dollars and include GST where applicable.
2. Unless stated otherwise at the Website, prices are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price may change.
1. All payments must be received in full prior to dispatch of products. Please read the Payment section of the Website for details of payment options.
2. If your payment is not received or declined by your bank or credit card issuer, we cannot hold products against your order.
12. Supply of Products
1. Subject to this Agreement, we will supply to you the products shown on your order confirmation.
2. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the Delivery section of the Website for delivery options and details.
3. We allow personal pick up of products by prior appointment.
13. Risk and Title
1. We retain ownership of goods ordered through the Website until payment is received in full.
2. Risk in goods, such as loss or damage, passes to you upon delivery.
14. Returns / Store Credit
1. Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.
15. Packaging and Labeling of Products
1. We endeavor to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website
16. Products Out of Stock
1. We reserve the right to notify you that products for which you place orders have become unavailable. Subject to clause 8, in the event that you order a product from the Website and we later inform you that we no longer stock the product you had originally ordered, we may do one of the following:
i. provide you with a credit or refund to the value of the product that was not supplied to you including the delivery fee; or
ii. provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product
17. Statutory Conditions and Warranty / Refunds / Replacements
1. The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election
2. As supplier, we provide the following express warranties subject to the following terms and conditions :
i. We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product
ii. Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us
iii. Replacement products are subject to the same warranties as the original
iv. You must retain your proof of purchase for any manufacturer warranty claims.
v. Refunds will be issued by direct deposit, cheque or PayPal at our discretion.
In order to obtain these remedies:
i. You must notify us within a reasonable time of supply of the goods. In this context a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via the help centre. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
ii. Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
We aim to process refunds and replacements within 28 days of receipt by us of the original product.
We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care..
18. Links to third party websites
1. The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked Website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.
19. Intellectual property
1. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
2. Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
3. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
4. If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.
20. Transfer and Assignment
1. In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
21. Force majeure
1. We shall not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
22. Applicable law
1. This Agreement will be governed by and interpreted in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
2. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
1. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.
24. Privacy and Personal information
1. We do not collect personal information if you only browse this Website.
2. When we do collect personal information, it is our usual practice to collect this information directly from you. We do that through the member registration process and when you place an order with us. Personal information may include your name, postal address, telephone number and email address.
3. Online payments are handled by e-way and PayPal external third party service providers. We do not see or store your credit card or banking details. Please check the eway.com.au and paypal.com.au websites for details of their privacy policies and security measures.
4. Our server may log (and we may have access to) details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
5. We only use your personal information for the purposes for which you give it to us and for internal management purposes. You agree to us using your email address to send you messages concerning your membership account, any orders you place and (where you have opted in to receive it) information generally about the products sold by us and/or related websites operated by us or our related entities, including, but not limited to Mann-noble.com. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
6. We do not give information about you to government agencies, organisations or anyone else unless one of the following applies:
i. you have consented;
ii. you would expect us to;
iii. it is required or authorised by law;
iv. it will prevent or lessen a serious and imminent threat to somebody's life or health; or
v. the disclosure is reasonably necessary for law enforcement.
vi. you may request us to remove your personal information from our database by emailing us or using the contact form on the Website.
vii. you consent to the transfer of personal information in the circumstances set out in clause 18 above.
Under the Privacy Act 1988 (Cth) you have a right to request access to your personal information held by us. You may do this by sending us an email using our help centre or by writing to us at:
Office of the Chief Information Officer
M&N Commercial Pty Ltd
22 Bent Street
St Marys, NSW 2670