Biowood Wood Composite Decking

TERMS OF USE

This website is owned and operated by Green Resources Material Australia Pty Ltd ACN 145 128 927 (Biowood).

This document sets out the terms and conditions governing the use of this website https://www.biowoodonline.com.au and nttp://www.grmaustralia.com.au and the purchase of items through this website (Terms).

Before using this website or placing an order please read these Terms. By using this website or placing an order through it, you are agreeing to be bound by these Terms. If you do not agree to these Terms, do not use this website.

We reserve the right to update, change or replace these Terms from time to time by posting updates and/or changes on the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By purchasing any item from this website, you enter into a contract with us on these terms.

YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The personal information you provide to us will be processed in accordance with our privacy policy which can be found at [ insert a hyper link ]. By using this website you are consenting to the processing of such information and you represent that the information or details you provide is true, complete and accurate.

USE OF OUR WEBSITE

You must only use this website to make legitimate enquiries or orders or to review information about our products and services.

By placing an order through this website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

ORDER PROCESS

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale. No contract between Biowood and you is formed until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. To place an order, you must follow the online shopping process and authorise payment to submit the order. Payment must be made in full including any applicable delivery charges.

You will receive an email from us confirming receipt of your order (Order Receipt). Please note this is an automated process and does not mean that your order has been accepted. Your order constitutes your offer to Biowood to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance by sending you an email that confirms the items being purchased (Order Confirmation). If you have requested delivery we will also send a delivery confirmation to you.

The contract for the purchase of an item between us (Contract) will only be formed when we send you the Order Confirmation. The Contract will relate only to those items for which we have confirmed acceptance in the Order Confirmation. We will not be obliged to supply any other items which may have been part of your order.

Once you have placed an order, you cannot cancel or revoke the order unless expressly provided for in these Terms.

REFUSAL OF ORDER

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website this includes where items have become unavailable. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Receipt. We will refund any amounts received where we cannot supply items requested. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Receipt.

COLLECTION AND DELIVERY

When you complete your order, you will be prompted to select whether you wish to collect your order or have the order delivered to an address specified by you. Items can only be delivered to an address in Australia. Deliveries cannot be made to a PO Box.

Subject to availability as above, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for items listed in any Order Confirmation by the estimated delivery/collection date set out in the Order Confirmation or, if no estimated delivery date is specified, within a reasonable time after the date of the Order Confirmation. Items may not be available for immediate delivery or collection.

If our supply of the items is delayed by an event outside our control, then we will contact you as soon as practicable to let you know, and we will take steps to minimise the effect of the delay. However, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any items you have paid for but not received.

You must let us know if there are any difficulties associated with delivery to your specified delivery address when you place the order. If you do not and difficulties arise, extra charges may be incurred.

UNABLE TO DELIVER

Where you have requested Biowood to ship items to your delivery address and delivery cannot be completed (for example, if there is no one available to accept delivery), your items will be returned to us. It will then be your responsibility to arrange for collection or further shipping of the ordered items. Further charges may be incurred.

If after 15 days from the date your order is available for delivery, the order could not be delivered for reasons not caused by us, we will assume that you wish to cancel the Contract and it will be deemed terminated. As a result of the termination of the Contract, we will return to you all payments received from you, excluding delivery charges.

RISK AND TITLE

Title to and risk in the items ordered, such as loss or damage, pass to you on delivery or collection, as the case may be.

PRICE AND PAYMENT

The price of any items will be as stipulated on our website from time to time. The prices on this website are in Australian dollars and include GST but exclude delivery costs, which will be added to the total amount due. Prices may be changed at any time, but changes will not affect orders for which we have already sent you an Order Confirmation.

By authorising payment you are confirming that any credit card used is yours. Credit cards are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.

STATUTORY GUARANTEES

If legislation including the Competition and Consumer Act 2010 (Cth) applies to our supply of goods or services to you and implies warranties, conditions or other terms or imposes statutory guarantees or other obligations or remedies which cannot be excluded, restricted or modified (“non-excludable terms”) then to the extent that such legislation applies, these Terms must be read subject to those non-excludable terms and nothing in these Terms is intended to alter or restrict the operation of such non-excludable terms. If non-excludable terms apply, notwithstanding any other provision of these Terms, to the extent that we are entitled to do so, we limit our liability in respect of any claim under a non-excludable term to (at our option):

  1. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
  2. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

Subject to the above, all item descriptions, information and materials posted on this website are provided “as is” and all implied conditions, warranties and other terms (other than non-excludable terms) are excluded from these Terms to the full extent permitted by law.

CHANGE OF MIND RETURNS

Returns for change of mind are accepted purely at the discretion of Biowood. If you wish to return an item purchased from Biowood, you must notify us within [ 7 days] of the [Order Confirmation/delivery/collection].

Returns of items for change of mind must be in original packaging unopened with all instructions, and other documents accompanying the items. If we agree to a change of mind return and you have been charged for any items, we will process a refund, excluding any delivery charges incurred.

We will not accept returns and you do not have the right to cancel any Contract for items that have been made to your specifications.

DEFECTIVE ITEMS

If any item you have received is defective when collected or delivered, please contact us promptly by email on inq@grmaustralia.com.au

LIABILITY AND DISCLAIMERS

Unless otherwise expressly stated in these Terms, and subject to your statutory rights, our liability in connection with any item purchased through our website is strictly limited to the purchase price of that item.

Notwithstanding the above, nothing in these Terms will exclude or limit in any way our liability for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph, your non-excludable statutory rights, and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for the following howsoever arising (including under a Contract or your use of the website) – loss of income or revenue; loss of business, profits, contracts or anticipated savings or any indirect or consequential loss or damage.

You agree to indemnify, defend and hold harmless Biowood and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website will remain at all times vested in us or our licensors. You are permitted to use this material only for the proper use of the website.

PROHIBITED USES

You are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or territory regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website.

LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using this website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

NOTICES

All notices given by you to us should be given to us via email to info@grmaaustralia.com.au. Unless otherwise required by law or these Terms, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified email address specified by the recipient.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure to perform or delay in performance of any of our obligations caused by circumstances beyond our reasonable control.

WAIVER

Our failure to exercise or enforce our rights or to insist upon strict performance of these Terms does not constitute a waiver. A waiver is only effective if in writing.

SEVERABILITY

If any of these Terms or any provisions of a Contract is found to be void, invalid, unlawful or unenforceable then that Term will be severed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These Terms and any document expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.

LAW AND JURISDICTION

These Terms and any Contract will be governed by the law of New South Wales, Australia and Biowood and you irrevocably submit to the non-exclusive jurisdiction of the courts in and of New South Wales, Australia.

FEEDBACK

Questions about the Terms should be sent to us at: inq@grmaustralia.com.au

Last updated on December 2020

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