This website is owned and operated by Chemical Essentials Pty Ltd (ABN 72 096 237 820) (CE) under the domain name "www.chemicalessentials.com.au" (Website). You acknowledge that by accessing and using this Website or Products provided by CE, you agree to be bound by the following terms and conditions (Terms). We reserve the right to change the Terms at any time. By continuing to use the Website you agree to be bound by any amended terms and conditions. You should check from time to time to see if the Terms have been amended. The terms "we", "us", "our", "Chemical Essentials", “CE” and the "Website" refers to the Owner whose registered postal address is PO Box 1369, Mitcham North VIC 3132, Australia. The term Website includes any other website owned and operated by the Owner.
Usage
You acknowledge and agree that you will only use the Website on a personal and non-commercial basis and information obtained from the Website:
- must not be used, or permitted to be used, for any commercial or non-personal purpose;
- must not be removed, copied or reproduced, unless express permission is given by CE;
- must only be used lawfully and in accordance with these Terms; and
- must not be disrupted in any way, by for example interfering with the software of the Website.
Functionality
CE, including but not limited to its directors, officers, employees, agents, representatives and third-party content providers, does not under any circumstances make any warranty or representation that the Website will be uninterrupted or error-free.
CE makes every effort to ensure that the Website is running efficiently and smoothly, however we take no responsibility and cannot be held liable for the Website being unavailable for any reason whatsoever.
Membership
In order to access some of the features and information in the CE Website you will need to become a member.
If during the process of becoming a member you provide any information which is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete we may suspend, terminate or refuse both your current and future access to and use of the Website.
We reserve the right to refuse to process orders or refuse service to anyone at any time at our sole discretion.
Orders
NB: We only offer certain product lines for direct sale to the general public.
The F10 range of products is only available to businesses that register as members and are subsequently approved for F10 product supply by CE.
When you place an order with CE, it is an offer by you to purchase a particular Product or Products for the specified price shown on the Website at the time of the order and in accordance with these Terms.
CE reserves the right to reject your offer to purchase Products for any reason whatsoever, including but not limited to, errors in pricing, errors in Product descriptions, you trying to purchase more than normal retail quantities and Product unavailability. Under such circumstances, CE may contact you to make alternative arrangements.
Prices and availability of Products are subject to change without notice.
CE will not be held liable or responsible for lack of stock or sold out items due to third party supplier or manufacturer issues. In the event of this occurring, CE may contact you in order to offer an alternative item, refund or credit.
CE reserves the right to limit purchases to normal retail quantities.
CE will not supply businesses outside of Australia.
Intellectual Property
You acknowledge that all material published or appearing on the Website, including but not limited to designs, logos, graphics, images, icons, photographs, typefaces, software, data, information, pictures, and other materials, including all third party content and user generated content (collectively, Content) is the sole property of the Owner. The Content may not be reproduced, published or transmitted without prior written consent from the Owner. Infringement of copyright, trademark and/or other intellectual property rights may result in civil and/or criminal penalties.
Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.
All rights not expressly granted herein are reserved.
Privacy and Personal Information
Please refer to the Privacy Policy for further conditions relating to your personal information, what we collect and how it may be used. By continuing to use the Website you agree to the terms of the Privacy Policy (as amended from time to time).
Typographical Errors
In the event that a Product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, CE reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Such occurrences may warrant a refund or store credit and will be assessed on an ad hoc basis.
Content
You acknowledge and accept that:
- The information provided on the Website or any other material accessed via the Website is general information and should not be construed or used as advice.
- The content of the Website is subject to change without notice. CE reserves the right to update and make changes to the Website without any notice to users of the Website.
- While CE makes every effort to ensure that the information and other material provided on the Website is current, reliable, accurate and complete, all information and material on the Website is provided in good faith on an "as is" basis and to the extent permitted by law, we do not warrant or make any representations as to the currency, accuracy, reliability or completeness of information and material provided on the Website.
- CE including but not limited to its directors, officers, employees, agents, representatives and third party content providers, does not accept any responsibility arising in any way (including negligence), and is not liable for any loss (whether direct or indirect), resulting from any reliance or action taken by you on any information or material accessed through the Website or for errors, or omissions from, the information provided on the Website.
- Photographs, illustrations and packaging images shown on the Website are a representation of the Products advertised and the appearance of actual Products may vary.
- You will make your own inquiries and seek independent advice before acting or relying on any information or material provided on the Website.
Third Party Links
The Website may contain links to other sites on the internet that are owned and operated by third parties (Third Party Website). Those links are provided to you as a free service for your convenience only.
Any dealing between you and a Third Party Website is solely between you and the owner of that website and you use and access any Third Party Website at your own risk. You may not make any claim against CE in relation to your use and access to any Third Party Website. Any link from the Website directing you to a Third Party Website does not imply our endorsement or approval of that Third Party Website, or any product or service being offered, provided, advertised or promoted on that Third Party Website. To the extent permitted by law, we do not make or give any representation or warranty, whether express or implied, as to any matter relating to any Third Party Website, including but not limited to the currency, reliability, accuracy and completeness of information provided on that Third Party Website.
Third Party Information
Information about the Products that are sold on the Website have been largely sourced from third parties, who are the manufacturers, suppliers and/ or retailers of those Products (Third Party Information). You agree and acknowledge that where the Website sets out Third Party Information, that Third Party Information is being made available by us to you as a free service for your convenience only. Whilst we will not knowingly provide incorrect information, any reliance on Third Party Information is entirely at your own risk. To the extent permitted by law, CE does not give any representation or warranty, whether express, implied or otherwise, as to the accuracy, currency, reliability or completeness of Third Party Information provided on the Website and we are not responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties.
Consumer Guarantees - your right to refund, replacement or credit.
The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. Nothing in these Terms excludes, restricts, or modifies any right, remedy or consumer guarantee available to you under the ACL.
You are entitled to a refund, replacement or credit from CE a product fails to meet one of the automatic consumer guarantees provided under the ACL, including that:
- The product is faulty or of unacceptable quality;
- The product does not match the product description; and
- The product is unfit for the intended purpose (does not do what it is meant to do);
The consumer guarantees will not apply where you have:
- caused the product to become damaged (such as using the product in a way that it is not intended to be used);
- have mistreated or abused the product (intentionally or unintentionally);
- received what you asked for but changed your mind, found it cheaper elsewhere or decided you do not like the product; or
- knew of, or were made aware of any issues before you bought the product.
You will be required to provide proof of purchase if you wish to claim a refund, replacement or credit from CE.
Limitation of Liability
Where an Act of Parliament suggests any term, condition or warranty in the Terms and liability cannot be excluded, the liability of CE will be limited.
CE’s total liability shall in no circumstances exceed:
- in the case of products, the replacement of the products or the supply of equivalent products, the repair of the products, the payment of the cost of replacing the products or of acquiring equivalent products, or the payment of the cost of having the products repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Indemnity
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
Delivery
We try to ensure that all Products 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. CE does not accept any liability for loss or damage suffered by anyone as a result of any such delays and we shall not be liable for any inaccuracy of information provided in relation to the date and time of delivery.
CE reserves the right not to ship to any location it sees fit.
Severability
If any portion of the Terms deemed to be invalid, illegal or unenforceable, that will not affect or impair the validity, legality or enforceability of the remaining terms and those remaining terms shall remain in full force and effect.
Capacity
You must be over the age of 18 years and/or able to enter into a legally binding contract to use the Website.
Law
These Terms, and your use of the Website shall be governed by the laws in existence in Australia. Any claim(s) related to www.chemicalessentials.com.au , its constituents, and/or services provided by CE shall be governed by the laws of the state of Victoria and you agree to submit to having the matter dealt with in a court within Victoria, Australia.
Contact
If you have any questions or concerns in relation to the Website or the Terms please contact us at info@chemicalessentials.com.au or call on +61 3 9761 6382.
Interpretation
Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
References to includes or including or like words or expressions shall mean without limitation.
Definitions
"Product" means the goods being offered by us and promoted through the Website.