Website – Terms and Conditions

The use of our online ordering service (“Online Ordering Service”) is governed by the terms and conditions outlined below (“Terms and Conditions”), together with our website terms of use (“Terms of Use”), and privacy policy (“Privacy Policy”).

 

The expressions "we", "us" and "our" are a reference to MAGURA Australia Pty Ltd ACN 641 458 102 (“MAGURA Australia”), except where otherwise indicated. The term “you” and “your” refers to the user of our Online Ordering Service.

Please carefully read these Terms and Conditions, together with our Terms of Use and our Privacy Policy, before placing an order through this website. These Terms and Conditions contain important information about the ordering, processing, and delivery of goods, as well as our returns policy.

Your placement of an order through our Online Ordering Service indicates your acceptance of these Terms and Conditions.

If you do not accept any part of these Terms and Conditions, you are not authorised to use our Online Ordering Service.

Application of Credit Terms

Where you have an approved commercial credit account with us, our terms and conditions of credit (as varied from time to time) (“Credit Terms”) apply. In the event of any conflict, ambiguity, or inconsistency between these Terms and Conditions and our Credit Terms, our Credit Terms prevail to the extent of the conflict, ambiguity, or inconsistency.

General

The content of the pages of this website are for your general information and use only. The pages, including these Terms and Conditions, are subject to change without notice.

Amendments will be effective immediately upon each time you view this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of this website will represent an agreement by you to be bound by these Terms and Conditions (as varied from time to time).

Orders

You may offer to purchase goods from us by using our Online Ordering Service. We currently only accept orders from Australia (and overseas orders from New Zealand and New Caledonia).

By placing an order for goods through this website, you represent and warrant to us that:

1.     the goods supplied by us will only be used for the intended purpose and application for which they were designed (and for no other purpose or application);

 

2.     the goods supplied by us shall only be sold from authorised retail sales locations (“Authorised Outlets”), your own e-commerce website, and such other channels of distribution as pre-approved by us in writing; and

 

3.     you will not, either directly or indirectly, distribute, offer for sale, or sell, any goods supplied by us through an online discount retailer, online auction website (e.g. Ebay, Gumtree, or Facebook Marketplace) or similar websites, or outside of the territory the goods are delivered to, being Australia, New Zealand, or New Caledonia (as the case may be).

You are responsible for all contracts for the purchase of goods entered with us. It is your responsibility to check your order before you place an order using our Online Ordering Service, and you warrant that you are able to enter into a legally binding contract with us, including that the individual using our Online Ordering Service has authority to enter into contracts and place orders on your behalf, and that all information provided by you in relation to that order is complete, true, and accurate. You are required to ensure that your identity, billing information, and all other information in relation to your online account is kept up to date. You will be liable to pay for any incorrect orders as a result of your provision of incomplete or inaccurate information.

When you submit an order using our Online Ordering Service, you will receive an acknowledgement e-mail confirming receipt of your order, along with an order reference number via e-mail. If you receive an order confirmation, this does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

Within seven (7) days of receipt of your order, we will at our discretion accept or reject your offer to purchase. We reserve the right to refuse supply of the goods ordered by you or to terminate your online account with us.

If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer for the purchase of goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

A contract will not be formed until we send you confirmation by e-mail that the goods which you ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of despatch will be included in the contract formed.

Notwithstanding the above, we may revoke an order at any time and will not be liable for any loss or damage whatsoever flowing from revocation of the order.

Availability of goods

As we are dependent upon our suppliers to provide certain stock, we cannot guarantee that our goods will be available at all times and our stock levels may be subject to change without notice.

If we are unable to deliver goods which have been ordered by you, we will endeavour to notify you via telephone or e-mail as soon as reasonably practicable.

You will then be able to amend, cancel, or place your order on backorder until such time as the goods come back into stock.

We reserve the right to withdraw or suspend from sale any goods displayed on this website, either temporarily or permanently, at any time, with or without notice to you.

Pricing

Prices for goods are as shown on this website at the time of purchase.

Where prices are indicated on this website, the prices listed on this website are subject to change without notice. All prices are in Australian dollars and are exclusive of goods and services tax (“GST”). In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia, New Zealand, or New Caledonia (as the case may be) in connection with the supply of goods, unless otherwise specified.

 

In addition to the price for the goods, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any applicable delivery charges will appear in your shopping cart. Delivery charges may vary depending on the quantity of the goods ordered, and the address to where the goods are to be delivered.

Whilst we try and ensure that all details, descriptions, and prices are accurate, errors may occur. If an incorrect price or incorrect information is listed in respect of goods due to a typographical error by us, we may refuse or cancel any orders that are placed for goods listed at an incorrect price. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.

Payment

Prior to placing an order, you must indicate your preferred payment method. Payment may be made by EFTPOS, VISA, and MasterCard credit cards, or by using your commercial credit account (where applicable). We reserve the right to change the payment methods that can be used for orders at any time in our absolute discretion.

Where payment is made by credit card, we reserve the right to apply a surcharge equal to our costs of processing such transactions.

If the name on the credit card provided does not match the name on the order, we may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with our fraud detection processes. By providing us with your card details, you authorise us to debit the price and the applicable delivery charge(s) (if any) from such card.

Goods that you have ordered will not be despatched to you until payment has cleared. If your payment cannot be processed, your order will be cancelled and we will notify you by e-mail.

Your tax invoice will be forwarded to you at the time of payment or at the time of delivery.

Where you have an approved commercial credit account with us, an invoice will be sent to you at the time of delivery of the goods or thereafter. You must pay for all goods supplied in accordance with the payment terms afforded to you.

Your tax invoice is your proof of purchase and may be required for any claims in respect of the goods supplied by us.

Order Cancellations

If you notify us of any cancellation before the goods are despatched for delivery, we may, at our discretion, accept your order cancellation. Otherwise, if the goods have already been despatched for delivery, we reserve the right to refuse to cancel the order.

Upon cancellation of an order, we will make all reasonable attempts to contact you using the details provided by you through our Online Ordering Service. All monies will be refunded using the method of payment for approved cancellations. 

You acknowledge that order cancellations may be subject to a restocking charge of twenty (20) percent of the purchase price, unless otherwise agreed in writing.

 

 

Shipping and Delivery

Delivery is deemed to occur at the earlier of:

1.           the collection of goods from us by you or any third party on your behalf;

2.           the time the goods are delivered to the address nominated in the order (or to such other address as agreed by us in writing).

Goods purchased through the use of our Online Ordering Service will be made available for collection or delivered to the address nominated by you at the time you place an order. Please ensure this address is correct. There may be instances where the goods ordered are out of stock and we are unable to supply immediately. In this instance, you will be notified that the goods are out of stock and will be provided with an estimated delivery date.

 

Any delivery times provided by us are estimates only and are not a contractual commitment. To the extent permitted by law, we will not be held liable for any loss suffered by you whatsoever as a result of any delay in the delivery of goods or as a result of non-delivery of goods.

Orders will normally be delivered on business days (Monday to Friday).

We also reserve the right to deliver goods ordered through our Online Ordering Service by way of instalments. If we elect to deliver the goods by instalments, you shall not be entitled to cancel or repudiate the order (or part of the order) without our prior written approval.

Risk

Risk of loss or damage to the goods passes to you upon delivery to you or to your agent or to a carrier commissioned by you.

 

If you request that goods ordered through our Online Ordering Service are to be delivered to any unattended location, you acknowledge that we or our nominated carrier will deliver the goods as requested at your sole risk.

Retention of Title

Title in the goods does not pass to you until you have made payment to us in full for the goods in cleared funds.

During the time the goods supplied have not been paid in full at any time, you agree that property and title in the goods will not pass to you and we retain the legal and equitable title in those goods supplied and not yet sold.

Returns

You must, within seven (7) days of the date of delivery, give us written notice, with particulars, of any claim that the goods delivered are not in accordance with your order. If you fail to provide us with such notice, then to the extent permitted by law, the goods must be treated as having been accepted by you.

Unless otherwise agreed in writing by us, you must pay all costs associated with the return of any goods (either to us or from us to you or any third party) including freight, insurance, handling, and other charges.

Goods cannot be returned to us without our prior written consent.

Any return (except for goods deemed by us to be incorrectly supplied or deemed by us to be defective) will incur a handling and administration charge of twenty (20) percent of the purchase price of the returned goods, unless otherwise agreed in writing.

Unless required by law, you must pay all costs associated with the return of any goods, including freight, insurance, handling, and other charges. Goods to be returned to us must be unsoiled, undamaged, packed and wrapped appropriately, and must include all original packaging and documentation. We accept no liability for any damage that occurs to any goods in return transit.

Intellectual property

The Intellectual Property Rights in goods sold or supplied by MAGURA Australia is, and will at all times, remain the property of MAGURA Australia (or the relevant related entity of MAGURA Australia) (collectively, MAGURA).

You acknowledge and agrees that you have no rights to use MAGURA’s Intellectual Property Rights under these Terms and Conditions, except as expressly set out herein, unless otherwise agreed in writing.

MAGURA Australia may, from time to time, supply images, logos, and other graphic material (“Graphic Material”) to you. The copyright in all Graphic Material is, and will at all times, remain in MAGURA.

In supplying you with Graphic Material, MAGURA Australia grants you a non-perpetual, non-exclusive, and non-transferrable right to use the Graphic Material in your catalogues, on your web site, and in your promotional material to assist you in the sale of MAGURA Australia goods, subject to these Terms and Conditions. Graphic Material may not be altered in any way except with our prior written consent.

To protect the integrity of MAGURA and the quality of its brand, Graphic Material must not appear in association with the words ‘discount,’ ‘price cut,’ or any similar expression or wording that may diminish the quality or integrity of the MAGURA brand. For the avoidance of any doubt, this condition in no way prevents, or is intended to prevent, you from advertising or selling MAGURA Australia goods at or below the MAGURA Australian recommended retail price.

If requested or directed by MAGURA Australia, you must cease your use of Graphic Material and must remove all Graphic Material from your web site or any other forum or medium advised by MAGURA Australia within fourteen (14) days.

For the purposes of these Terms and Conditions, ‘Intellectual Property Rights’ means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statue, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.

 

 

 

 

Limitation of liability

We are not liable for any loss caused to you or any related parties by reason of strikes, lockouts, fires, floods, storm or tempest, riots, war, embargoes, civil commotions, supplier shortages, raw material shortages, plant or mechanical breakdown, disease or pandemic, government intervention or regulation, acts of God, or any other activity beyond our control.

We shall not be liable for any guarantee, warranty, or representation as to the quality, performance, and fitness for purpose or otherwise of any goods supplied through our Online Ordering Service unless expressed in writing and signed on behalf of us and any such warranty or representation shall be limited to its express terms.

You acknowledge that other than those terms, conditions and warranties expressed by us in writing or imposed and required to be binding by statute (including, without limitation, the Competition and Consumer Act 2010 (Cth)), which cannot lawfully be excluded, restricted or modified (each, “a Statutory Term”), all terms, conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not expressly set out in these Terms and Conditions are hereby excluded (other than  where a manufacturer’s warranty has been given by us).

Nothing in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict, or modify or have the effect of excluding, restricting, or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions of the Competition and Consumer Act 2010 (Cth) or any relevant State or Federal Legislation which by law cannot be excluded, restricted, or modified.

In relation to the supply of goods, to the fullest extent permitted by law, our liability to you for any loss, damage or injury, whether under contract including under these Terms and Conditions, in tort, pursuant to statute or otherwise, is limited to, at our discretion, the following:

1.           replacing the goods or supplying similar goods; or

2.           providing reasonable compensation limited to replacing the goods or for acquiring equivalent goods.

 

In no circumstance whatsoever shall we be liable to you or to any third party for any loss of profits, loss of anticipated savings, loss of opportunity or benefit, loss of a right, economic loss or financial loss, damages, interruption of business, or for any indirect or consequential loss out of your use of this website, or as a result of any goods supplied by us through our Online Ordering Service.

You agree to indemnify us, and keep us fully indemnified, against any claim that arises out of any breach of these Terms and Conditions and/or the goods supplied through our Online Ordering Service, including, for the avoidance of any doubt, any claim (whether brought by you or any third party) for loss, damage, or injury, whether under contract, in tort, pursuant to statute or otherwise, our goods are used for any purpose or application other than the purpose or application for which they were expressly designed. This indemnity includes any legal fees and expenses we incur in order to enforce our rights under or related to these Terms and Conditions, on an indemnity basis.

 

 

Miscellaneous

You must not assign any rights and obligations under these Terms and Conditions (whether in whole or in part) without our prior written consent (such consent shall not be unreasonably withheld).

A waiver of any provision or breach of these Terms and Conditions shall only be effective if made by a party in writing. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.

If any provision of these Terms and Conditions is invalid, illegal, or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.

Your use of this website and any dispute arising out of such use of this website is subject to the laws of New South Wales, and the law of the Commonwealth of Australia in force in New South Wales.

Privacy policy

Please refer to our Privacy Policy to see how we collect, use, and protect your personal information. Our privicy policy is located under the terms and conditions. Alternatively, a copy of our privacy policy is available upon request.

 

Termination of Access

 Access to our Online Ordering Service may be terminated at any time by us with or without notice. 

Privacy Statement

No tolerance policy regarding Fraud

Overseas Orders

Force Majeure