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1. Agreement
1.1. You should read these Terms and Conditions carefully. In these Terms and Conditions “Rock Tools”, "Rocktools" "We", "Our" or "Us" means Rockfort Australia Pty Ltd ABN 119 093 828 and includes its directors, employees and agents; and "You" or "Your" means the person who accepts these Terms and Conditions, by using the Website and associated software, networks and processes, including the purchase of goods or services through the Website.
1.2. The Website is operated by Rock Tools.
1.3. By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.4. These conditions (The Agreement cannot be varied except in writing by Us) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.
2. Interpretation
2.1. In these Terms and Conditions:
i) Agreement” or “Terms and Conditions” means this document and all the terms and conditions contained within it.
ii) “Customer” means the person or legal entity identified in a Rock Tools quote, invoice or sales document.
iii) “Delivery Cost” means the costs associated with delivery as specified in an Order.
iv) “Damaged Goods” means Goods that are damaged and cannot be used or are otherwise not fit for purpose.
v) “Goods” means the Products listed in an Order.
vi) “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
vii) “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
viii) “Order” means an offer by You to purchase a Product in accordance with these Terms and Conditions at the price specified on the Website (including Delivery Costs).
ix) “Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
x) “Product” means any item listed on the Website (for sale or otherwise), including extended warranties.
xi) “Website” means the internet site located at the URL www.rocktools.com.au and operated by Rock Tools.
3. Terms of Sale
The goods and all other products sold by Rock Tools are sold on these terms and conditions.
3.1. If you are under age eighteen (18) years old you cannot place orders with Rock Tools.
3.2. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should Rock Tools suffer any damage or other losses as a result of a transaction entered into by a minor, Rock Tools reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Rock Tools.
3.3. Rock Tools will only sell and ship goods within Australia. We will not make deliveries outside of Australia.
3.4. You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.
3.5. Orders will be deemed to have been received by Rock Tools at the time Rock Tools sends an Order confirmation to Your nominated e-mail address.
3.6. Rock Tools is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. Rock Tools reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.
3.7. Rock Tools, at its absolute and sole discretion, may cancel Your Order at any time prior to dispatch of the Goods.
3.8. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
3.9. Rock Tools accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
4. Pricing
4.1. All prices are in Australian Dollar (AUD) unless specified.
4.2. All prices listed on the Website include GST unless otherwise specified.
4.3. All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once Your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
4.4. If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including all Goods and associated Delivery Costs.
4.5. All prices listed on the Website exclude Delivery Costs, which is shown separately in the Delivery page but may be recalculated depending on the number of Goods You place in an Order.
4.6. You agree to pay all Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase
5. Payment
5.1. All payment is to be made in Australian Dollar (AUD) unless quoted differently by Rock Tools.
5.2. Rock Tools currently accepts PayPal, direct deposit, money order & Bank cheque. Payment processing will not begin until we receive all the information we need.
5.3. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Victorian public holidays.
5.4. Whether you pay by PayPal, direct deposit, money order or Bank cheque you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 7 days from the date that you receive your Order Confirmation. When paying by Bank cheque, payment must be cleared before order will be processed. If a PayPal, direct deposit or Bank cheque payment is not received within 10 days from the date that you receive your Order Confirmation, Rock Tools reserves the right to cancel the transaction.
6. Product Specification
6.1. All specifications, drawings, and particulars of weights and dimensions provided by Rock Tools are approximate only and any deviation from any of these things does not vitiate any contract with Rock Tools or form grounds for any claim against Rock Tools.
6.2. Features and specifications of Products described or depicted on the Website are subject to change without notice.
6.3. The descriptions, illustrations, diagrams and performances contained in catalogues, price lists and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.
6.4. Any performance figures given by Rock Tools are estimates only. Rock Tools is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures
7. Delivery
7.1. All Products are only delivered within Australia.
7.2. Delivery time takes up to 10 working days from the date that your payment is received. In all instances an estimated delivery is displayed at the Delivery page on the Website.
7.3. Rock Tools tries to ensure that all Goods are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. Rock Tools does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
7.4. Rock Tools makes every effort to deliver your Product according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
7.5. Unless otherwise agreed by us, we will deliver your Product(s) to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card so you can pick-up your Product from your local Post Office.
7.6. Where a Customer gives written authority for Goods to be delivered without a signature, any and all included insurance cover will be voided.
7.7. Rock Tools is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the Customers responsibility to liaise with Rock Tools nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Rock Tools to a Customer in relation to delivery will be from a third party, and as such Rock Tools does not guarantee the accuracy of such information.
8. Returns and Damaged Goods
8.1. Where a Good is a Faulty or Damaged Good within the first 7 days after delivery or is already a Faulty or Damaged Good upon delivery, and the Customer notifies Rock Tools of the nature of the fault or damage within the first 7 days after delivery, then Rock Tools will:
i) replace the Faulty or Damaged Good with a replacement Good; or
ii) If Rock Tools is unable to provide a replacement Good, Rock Tools will refund the Customer the purchase price including the Delivery Cost.
8.2. Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.
8.3. The 7 Day period will commence on the date that the Customer accepts delivery of their Rock Tools Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
8.4. Outside of this 7 Day period, faults will be dealt with in accordance to the Standard or Extended Warranty and/or relevant contractual terms implied by statute.
8.5. Rock Tools will not be under any duty to accept goods returned by the buyer and will do so only within 7 days of the delivery date and on terms to be agreed in writing in each individual case. All requests for returns must accompany a request for credit quoting Rock Tools invoice number on which the goods were supplied. Where Goods are already Faulty or Damaged Goods upon delivery, Rock Tools requires photographic evidence of the damage to be e-mailed to admin@rocktools.com.au before authorising return of the Goods.
8.6. Rock Tools reserves sole discretion to determine whether the Goods are Faulty or Damaged.
8.7. Rock Tools may seek reimbursement of any costs incurred by Us when the Product is found to be in good working order.
8.8. Power tools may be sent back at the Customers cost for Autherised Warranty Repairs.
8.9. Customer must comply with directions from Rock Tools staff to facilitate a return. Any cost incurred by the customer from not following directions is at their own expense.
8.10. Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition. All returns may be subject to a re-stocking fee being 20% of invoice value
8.11. It is the Customer’s responsibility to ensure that returned items are returned safely. Rock Tools takes no responsibility for Goods lost in transit.
8.12. Rock Tools’ liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:
i) The cost of replacing the goods;
ii) The cost of obtaining equivalent goods; or
iii) The cost of having the goods repaired, whichever is the lowest amount.
9. Warranty/Guarantee
9.1. When the goods which are not manufactured by Rock Tools the guarantee/warranty of the manufacturer of those goods is accepted by the buyer and is the only guarantee/warranty given to the buyer in respect of the goods. Rock Tools agrees to assign to the buyer on request made by the buyer the benefit of any guarantee/warranty or entitlement to the goods that the manufacturer has granted to Rock Tools under any contract or by implication or operation of law to the extent that the benefit of any guarantee/warranty or entitlement is assignable.
9.2. Rock Tools is not liable for and the buyer releases Rock Tools from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by Rock Tools and the responsibility for any claim has been specifically accepted by Rock Tools in writing. In any event Rock Tools’ liability under this paragraph is limited strictly to the replacement of defective parts in accordance with para 10(1) of these conditions.
9.3. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. Rock Tools is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of Rock Tools negligence or in any way whatsoever.
9.4. Rock Tools liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:
i) in the case of goods, any one or more of the following:
ii) the replacement of the goods or the supply of equivalent goods;
iii) the repair of the goods;
iv) the payment of the cost of replacing the goods or of acquiring equivalent goods;
v) the payment of the cost of having the goods repaired; or
vi) in the case of services:
vii) the supplying of the services again; or
viii) the payment of the cost of having the services supplied again.
9.5. Rock Tools’ liability under s 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the purchaser an amount equal to:
i) the cost of replacing the goods;
ii) the cost of obtaining equivalent goods; or
iii) the cost of having the goods repaired, whichever is the lowest amount.
10. Storage
10.1. Rock Tools reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the buyer within fourteen days of a request by Rock Tools for such instructions. The parties agree that Rock Tools may charge for storage from the first day after Rock Tools requests the buyer to provide delivery instructions.
11. Indemnity
11.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Rock Tools which are connected with, arise out of, relate to or are incidental to the use of the Website.
11.2. You agree to indemnify and to keep indemnified Rock Tools and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Rock Tools arising out of or in connection with the your use of the Website and the use of any Rock Tools Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
12. Privacy
12.1. We gather personal information about our Customers for the purposes of:
i) marketing, supplying or delivering our Products to You;
ii) carrying out repair work (both in and out of warranty repairs);
iii) improving and developing our Products; and
iv) Expanding Our business.
12.2. Rock Tools is committed to protecting Your privacy and personal information because of Our legal and ethical commitment to comply with relevant law and more importantly, because We know that You care how information about You may be used and shared.
12.3. Rock Tools will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 16.
12.4. In the process of dealing with Our Customers, We may collect and hold the following types of information:
i) Information about persons who are Customers or target Customers as given to Us by those persons, or information obtained from public domain sources such as magazines and newspapers; and
ii) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom We deal, collected incidentally in the course of dealing with those corporations.
12.5. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.
12.6. We may, from time-to-time, employ other companies and individuals to perform functions on Our behalf. For example We may retain a third party repairer to provide warranty repair. In these circumstances We may disclose personal information to such companies and individuals to enable them to deliver services on Our behalf.
12.7. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If You wish to access Your personal information please contact Us at by e-mail at admin@rocktools.com.au. A $30 administration fee will be charged for the retrieval of any personal information.
13. Gift Vouchers
13.1. Gift Vouchers have a validity of 12 months from the date of purchase.
13.2. Gift Vouchers may be redeemed by contact info@rocktools.com.au and providing the invoice number for the transaction.
13.3. The value of any Gift Voucher not used will be redeemable only as a Store Credit
14. General
14.1. Rock Tools reserves the right to make changes to the Rock Tools Website and these Terms and Conditions without notice.
14.2. Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
14.3. A failure or delay by Rock Tools to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Rock Tools does not preclude its future ability to exercise that or any other power or right.
14.4. These Terms and Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
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