Terms and Conditions
The “fencescape.com.au” website (“website”) is operated by Fencescape Fencing Pty Ltd (ABN 13 104 332 667) (Fencescape Fencing). Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (“Terms and Conditions”). Your use of the website constitutes your agreement to the Terms and Conditions. If you chose not to be bound by the following terms, Fencescape Fencing does not grant you the right to use the website and you must not use this website.
Fencescape Fencing reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.
- Use and Copyright
You may use the website and information contained within for your own personal and non-commercial reference only. You must not hack into the website nor employ any device or process to use the website for any unauthorised purpose. The information contained within this website are copyright of Fencescape Fencing. You may not make any copies of any information reasonably incidental to your viewing of the website and may retain a copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in another form or altered, transmitted in any form or by any means in whole or in part without the prior written approval of Fencescape Fencing.
While the information contained in the website is believed to be accurate and current, it is provided by Fencescape Fencing in good faith on an “as is” basis. Fencescape Fencing, its’ directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on the website and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in the website. To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the website.
Fencescape Fencing does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Fencescape Fencing will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Fencescape Fencing, it shall be limited to the cost of re-supplying that information.
- Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of Queensland, Australia.
Fencescape Fencing respects the privacy of all of its customers and business contacts and is subject to the requirements of the National Privacy Principles which are contained in the Privacy Act. Any of your personal information that Fencescape Fencing holds such as your name, your email address and your phone number will be held in strictest confidence. If you purchase items from Fencescape Fencing, we need to collect personal information about you, including your name, email address, postal address and telephone number. The reason we need this information is so to enable us to contact you in the event of a problem with the item(s) you are purchasing, such as, not having the right size, or items being temporarily out of stock. Paypal will also need some of this information in order to process your online payment. Your personal information may be used to:
- Improve service to you, the customer
- Inform you of new products and new offers via your email address and will only be done on your approval.
- Post/deliver your purchased product to you.
Security of personal information
Fencescape Fencing employees are required, as a condition of their employment, to treat personal information held by Fencescape Fencing as confidential, and to maintain the confidentiality of that personal information.
Fencescape Fencing protects the personal information it collects in a secure database.
ONLINE TERMS OF SALE
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. Fencescape Fencing reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. Your contract with Fencescape Fencing only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Goods and Services (“GST”) and Other Taxes
Prices displayed on this website are exclusive of GST and will be applied in checkout at the rate of 10%. If the delivery address is outside Australia, the GST component of each price will not be added when we receive your order. We will send an email confirming the order amount without the GST component.
You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this website.
Please allow up to 4 weeks for items to ship. This is not usually the case and you will be notified if any purchases you make will incur a delay.
- Risk and Title
Fencescape Fencing will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon release of the products to you.
The circumstance in which Fencescape Fencing is obliged to make a Refund is detailed in its Refunds Policy.
- Limitation of liability
Fencescape Fencing will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Fencescape Fencing has been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability of Fencescape Fencing for any breach of such term, condition or warranty shall be limited, at the option of Fencescape Fencing, to any one or more of the following:
- If the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- If the breach to relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- If the breach relates to goods:
- If the order arrives damaged or defective
Goods for sale on our website are inspected before they are shipped. If you believe the product to be damaged or defective, please send photo’s of the packaging, the damaged or defective product with confirmation of purchase to Fencescape Fencing and we will send you a new item. You must do this within 7 days of receiving the shipment. The customer is responsible for the cost of mailing the item to Fencescape Fencing. Once we receive your return, allow approximately 1 week for processing. We’ll investigate the fault or damage immediately. Please note that if the item that you purchased has completely sold out, a refund will be supplied.
- Refunds Policy
Please note: Refunds will be given at the discretion of Fencescape Fencing unless the product supplied is damaged or defective. If for any reason you are not satisfied with your online purchase, please contact us for assistance. You are asked to return the product that you purchased from the Fencescape Fencing web site immediately (within 7 days) with your email purchase confirmation and Invoice number as proof of your purchase and a written explanation of the cause for concern. Fencescape Fencing is not responsible for and will not accept the return of any item that is not returned in a new, unused condition. Products must not have been used. Fencescape will exchange the product or provide you with a credit on your customer account, provided the product is returned in its original condition, that is, undamaged. The customer is responsible for the cost of mailing the product to Fencescape Fencing.Fencescape Fencing reserves the right to inspect all returned goods.If the product is replaced, however, Fencescape Fencing cannot guarantee that a direct replacement will be available, Fencescape Fencing will assist you with information on an alternative replacement.
Fencescape Fencing will credit online purchases, at the request of the customer, if the goods are damaged or defective.
The issue of a credit note for a replacement item will not be made until an inspection of the returned item is made.
Your products are insured against loss while in transit to you. Once the parcel has been received the goods are deemed your responsibility and insurance from Fencescape Fencing ceases. If you are returning an item to Fencescape Fencing you should consider insuring the parcel.
- Product information
You must always read any care instructions provided with the product and follow them carefully. Fencescape Fencing is not responsible for fading and/or degradation of the product over time due to use of the product. Please contact Fencescape Fencing through the Fencescape Fencing web site if you are not satisfied with the product you purchased.
- Congratulations on purchasing a product from Fencescape Fencing.
Please check that you have received the correct product you ordered. If you have any questions about your order please contact us.
- Contact Us
Fencescape Fencing Pty Ltd
12/61 Burnett Street, Buderim
Queensland, Australia, 4556
Phone: 1300 582 433
Or by the form on the right:
All items ship via Australia Post standard shipping or a trusted courier company. All packages are sent via registered post with shipping insurance. The delivery times are indicative only and Fencescape Fencing will not be liable for any failure to observe these delivery times.