TERMS AND CONDITIONS
These Conditions of Sale and Terms of Business govern the sale of products by an order with Intelligent Facilities Solutions (Australasia) Pty. Ltd. to you. Please read these conditions carefully before placing an order with Intelligent Facilities Solutions (Australasia) Pty. Ltd. By placing an order with an order with Intelligent Facilities Solutions (Australasia) Pty. Ltd., you signify your agreement to be bound by these conditions.
1.1 This website is owned by Intelligent Facility Solutions Ltd, a company registered in England (company number 8301680) registered office at Electric Works, 3 Concourse Way, Sheffield, S1 2BJ and is operated by Intelligent Facilities Solutions (Australasia) Pty. Ltd. (“we”, “us”) with ABN 39 619 161 527, whom is the distributor for Intelligent Facility Solutions Ltd. for Australia and New Zealand.
1.2 By purchasing any products and by using this website you acknowledge that you agree to be bound by and comply with these Conditions of Sale and Terms of Business
2. OUR CONTRACT
2.1 The placing of a product on our website is an invitation to accept offers for such product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
2.2 Your order is an offer to us to buy the product(s) in your order. When you place an order on this website to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order as well as a GST receipt (the " invoiced.pdf ").
2.3 The Order Confirmation E-mail (the " invoiced.pdf ") is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you.
2.4 Any order (accepted or not) is subject to the availability of the product. If the product becomes unavailable prior to delivery we will then notify you within 14 days of acceptance of your order and give you the choice to cancel the order and receive a full refund or the choice to select an alternative product. If payment has been taken for the product and you have cancelled the order, we will issue a refund within 30 days of receiving notification of cancellation of your order. If you choose an alternative product these terms still apply. If payment has been taken for a cancelled order we will refund any overpayments. Any underpayments will be taken before we ship the item(s).
2.5 In the event an item has been incorrectly priced due to an error, we will notify you within 14 days of accepting your order of the correct price by email and we will give you the choice of either purchasing the product at the correct price or cancelling the order. If payment has been taken for the product and you cancel your order we will, on return (if the item has been sent out) issue a refund within 30 days of such return or notice of cancellation (where no product has been sent out). If only some of the products you ordered are mispriced that will not affect the order in relation to any products which were priced correctly and we will deliver these products to you in accordance with these terms.
2.6 Your contract is with us. Without affecting your right of cancellation set out in section 4 below, you can cancel your order for a product at any time before we dispatch the order.
2.7 You consent to receive sales invoices electronically.
3.1 All orders over $165 including GST are FREE delivery to Australian mainland addresses. Orders under this amount will be charged at $11 including GST. Guaranteed Next Day delivery or a weekend delivery are available as priced on the website.
3.2 The products will be delivered to the address you give when you place your order however we reserve the right not to make deliveries outside of the Australia.
3.3 Risk in the Products passes to you when the Products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the Products after risk passes. If for any reason you need to change the delivery address after the original delivery address has been given to us, we cannot take responsibility if the goods are delivered to the original delivery address. We will do our utmost to make sure the change of address is passed on to our couriers however because we use 3rd party couriers we cannot guarantee they can change the delivery address once the order has been processed and/ or is in transit. We cannot accept any responsibility for loss if the order has been delivered to the original delivery address due to this, even if we have had confirmation from the 3rd party courier of the change being made.
3.4 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED" any damages MUST be notified to us within 24 hours of delivery.
3.5 We will inform you as soon as possible after acceptance if we are unable to deliver the Products to you on the date specified by you and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
3.6 If you fail to take delivery of the Products and without prejudice to any other rights and remedies available to us, we may:
a. Store the Products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
b. Sell the Products at the best readily obtainable price and either:
i. where you have not already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the Products or charge you for any shortfall below the price you agreed to pay for the Products; or
ii. Where you have already paid for the Products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
3.7 We will endeavour to deliver your goods as soon as possible and will try to meet your delivery instructions.
3.8 We will make every effort to deliver your goods within the time stated on our website but we will not be liable for any loss caused to you by late delivery.
3.9 If you do not receive your goods within the stated delivery period please contact us by telephone or e-mail and we will contact our couriers on your behalf.
3.10 All products will have a standard estimated delivery time stated in their description. Please check the individual product page to make sure Next day delivery is available before choosing this delivery method. Please note we do our utmost to make sure delivery is within these time frames however they are only estimates. Unless there are unforeseen circumstances, or a specific item which has a longer lead time, an order placed before 2.30pm on a business working day (Monday – Friday) should be dispatched the same day and arrive in the next 1 – 2 business working days. We cannot guarantee this however.
3.11 Orders placed on business working days (Monday - Friday) before 14:30 will be dispatched to arrive during the next business working day(s). This includes guaranteed next day, guaranteed next day pre 12 and guaranteed next day before 10.30. E.G. an order placed on a Friday before 14:30 requiring guaranteed next day will be dispatched to arrive the following Monday. If you are requiring a weekend delivery you will need to select the relevant delivery method before 14:30 on a Friday.
3.12 Orders placed on non-business days (Saturday and Sunday) will be processed on the first available business day and treated as an order placed on that day before 14:30. This includes guaranteed next day, guaranteed next day pre 12 and guaranteed next day before 10.30
3.13 Please be aware that for repeated delivery attempts organized by yourself with the courier company outside of the "normal" delivery schedule from us you may be charged an additional fee to cover the re-delivery.
3.14 We would ask that you check over the product/s on delivery and if damaged please make the courier aware, by writing on docket / hand held computer.
3.15 The couriers are obliged to wait while you inspect the goods. If the courier will not wait, please accept and sign as "DAMAGED". If the packaging appears damaged please state this on the delivery documentation, this will help us to make claims on your behalf from the couriers should the item prove to be beyond repair. Please make colour photos of the damaged packaging and product to support your claim. If you sign for a 'Clean Bill of Delivery', any insurance claims against the courier for damage in transit will be void.
3.16 You shall then give us an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If you should fail to comply with these provisions the goods shall be conclusively presumed to be free from defect or damage and you shall be deemed to have accepted the goods.
3.17 Items you order from us may sometimes be sent in more than one delivery, even if you've requested that you receive them all together. For example, you may receive multiple deliveries if your order contains an oversized item that needs to be dispatched separately.
3.18 Regardless of the number of deliveries you receive, you will only be charged the amount that was originally quoted to you at the time you place your order.
3.19 Click and collect orders can be made at any time on the Intelligent Hand Dryers Australian website.
3.19.1 As well as the conditions set out in section 4 all click and collect orders are subject to stock availability. We will aim to ensure that click and collect orders are available for collection from the nominated store within the time period you have stated. Whilst we make every effort to have your order ready for collection at the agreed time, please note we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. Also, please check your selected Stores trading hours as these may vary.
3.19.2 You will be notified if we cannot fulfil your request for collection on a certain date or time and an alternative date or product will be provided. Please see “2. OUR CONTRACT” for more information.
3.19.3 Please bring your order number when you arrive to collect your order.
3.19.4 All orders are subject to Intelligent Hand Dryers terms and conditions of sale located on this page headed “Terms and Conditions”.
3.20 Extra Items Delivered
If, by mistake we supply you with extra items you have not ordered or paid for you must notify us immediately. We may ask for you to return the goods back to us, if we do we will nominate a courier or service to use, we will refund postage costs for the nominated service only.
If you are unable to return the goods by our nominated service we may be required to collect the goods from you, we will notify you of a date when these items will be collected and will assume unless told otherwise that the collection address will be the original delivery address, should the collection fail due to you not being available you will be liable for the costs involved for the failed collection and subsequent collection attempts.
If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.
4. RIGHT OF CANCELLATION
Here at Intelligent Facilities Solutions (Australasia) Pty. Ltd. we are confident that our products will exceed expectations, however, if you feel you have a valid reason to return the hand dryers(s) please follow this simple procedure.
4.1 You must contact us within 7 days of receipt of goods that you would like to cancel your order in writing, either by e-mail to us or recorded delivery post.
4.2 Within the 7 day period you have the option to return the goods by your own method. However, responsibility for the hand dryer(s) is yours until it/they arrive back to Us as is the cost of returning the hand dryer(s), we therefore urge you to use a secure delivery method, which requires a signature on delivery. Please Note that if you fail to take reasonable care of the goods we reserves the right to seek compensation. We shall not charge you for delivery out of the hand dryer(s) if delivery is arranged by yourselves within 7 days.
4.3 You are not obliged to specify the reason for your cancellation. We would however appreciate a brief explanation so that we can help to improve of offerings to customers in the future.
4.4. If you would like to return a hand dryer after this 7 day cooling off period we will arrange collection from you using our courier service of choice. You will be charged for the delivery of the hand dryer(s) out to you as well as the cost of collecting the hand dryers. The amount will be made aware to you before collection is arranged. We reserve the right to impose restocking charges relating to the items of up to 25% of the purchase value.
4.5 Please note after 30 days have passed, you will no longer be entitled to return your hand dryer(s), unless it/they is/are defective. See section 5 Defective Hand Dryers below if you need to return your hand dryer(s) for defective reasons. This does not affect your consumer rights. We reserve the right to impose restocking charges relating to the items.
4.6 If you fail to take reasonable care of the hand dryer(s) before they are returned to us and the result is damage or deterioration, we will seek damages from you for the reduction in value.
4.7 If you pay for goods by credit card and cancel we reserve the right to take a small admin fee appropriate to charges that we incur.
4.8 Please note, if we are arranging collection of your return hand dryer we will let you know the date this will happen. If when the courier arrives the hand dryer is not available to be collected we will charge you a failed collection charge of $20 excluding GST. Therefore please let us know if the hand dryer will not be available to collect on the stated day allocated to you.
4.9 This cancellation policy does not affect your legal rights for example, if goods are faulty or incorrectly described.
4.10 Return of goods that are not faulty will incur a 2.5% handling charge in addition to the delivery and collection charges if the goods were paid for using a credit or debit card. This is to compensate for the charges we will incur for processing and refunding the payments
5. DEFECTIVE HAND DRYERS
5.1 You have the right to return a hand dryer within a reasonable period of time as per the sales of goods act, please note: we will when possible repair the product, if this is not possible we will then offer a replacement or a refund should no replacement be available.
5.2 Please keep all the warranty information that accompanies your item, as this will be needed should there be a fault. Please note if an item is faulty, unless specified we provide a free of charge replacement; electrical installation costs are not covered.
5.3 The warranties do not apply to any defect in the Products arising from your negligence, damage caused by you, accident, use otherwise than in accordance with its intended use, failure to follow manufacturers or our instructions or any alteration or repair carried our without our written approval.
5.4 If the Products are damaged on delivery, incomplete or not what you ordered, please notify us via email/phone straight away and in any event within 24 hours of receiving the item/s, we will be unable to refund/replace any product if notified outside of this period. At our option we will repair or replace the Product or refund its cost to you. We may ask for photos to be provided for insurance purposes, as SMART phones with camera functions are now common place.
5.5 We shall arrange for a faulty hand dryer to be collected at our cost, however If you return an item and it is found not to be faulty you may liable for the costs of collection, inspection and returning the hand dryer back to you.
5.6 If you are in need of a hand dryer before returning the faulty unit, we will require a holding payment of no less than $150 (this may increase dependent upon the price of the unit) as a deposit until the faulty unit is received back to us. We shall then send out a replacement hand dryer once this payment has been received. Once the faulty unit is ready for collection we shall arrange this at our cost. When the faulty hand dryer has been inspected by our returns team, and is deemed faulty, a full refund of the holding payment will be issued within 30days of the inspection date. Please note, if the returned hand dryer is not deemed faulty we reserve the right to send it back to you and not refund the holding payment for the replacement unit. We may also ask for payment in full for the replacement hand dryer sent to you in this instance. You have 28days from the issue of the new hand dryer to return the faulty hand dryer. If after 28days we have still not received the faulty unit, we will deduct 25% of the deposit as an admin fee and also deduct the cost of collecting the faulty unit before issuing a refund on return of the faulty unit.
5.7 Please note, if we are arranging collection of your return/faulty hand dryer we will let you know the date this will happen. If when the courier arrives the hand dryer is not available to be collected we will charge you a failed collection charge of $25 excluding GST . Therefore please let us know if the hand dryer will not be available to collect on the stated day allocated to you.
5.8 Please note that the separate terms and conditions apply for hand dryers shipped to outside the Australia. We can ship hand dryers to New Zealand. All prices are subject to additional shipping costs. Faulty items can be returned, the cost of which will be refunded if the fault is deemed to be mechanical rather than due to misuse.
6. PRICING AND AVAILABILITY
6.1 All prices are exclusive of legally applicable GST.
6.2 We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or telephone as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
6.3 Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
6.4 Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
6.5 Price Match Guarantee - We promise to match any online price for our Brand name hand dryers. You will need to email a link to the site you have found them on and we guarantee to be a min of $2 cheaper!
7. PRODUCT INFORMATION
7.1 Unless expressly indicated otherwise, we are not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
8. OUR LIABILITY
8.1 Intelligent Facilities Solutions (Australasia) Pty. Ltd. and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
8.2 Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability
8.3 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
8.4 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website
8.5 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
8.6 We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss
9.1 Product images are for illustrative purposes only and may differ from the actual product. All Intelligent Facilities Solutions (Australasia) Pty. Ltd. images are not intended to form part of any contract or warranty with our customers. Certain images and Videos on the website are owned by us and are classed as intellectual property. The user is not permitted to use any of the Intelligent Facilities Solutions (Australasia) Pty. Ltd. website images for business use they are solely for illustrative purposes.
10. LINKS TO THIRD PARTY WEBSITES
10.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
10.2 You are not permitted (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion.
11. ENTIRE AGREEMENT
11.1 These Conditions of Sale and Terms of Business represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Conditions of Sale and Terms of Business shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Conditions of Sale and Terms of Business are reserved by us.
12. FORCE MAJEURE
12.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Conditions of Sale and Terms of Business arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
13. AMENDMENTS TO THE CONDITIONS OF SALE AND TERMS OF BUSINESS
13.1 We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale and Terms of Business at any time. You will be subject to the terms and conditions, policies and Conditions of Sale and Terms of Business in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale and Terms of Business is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale and Terms of Business is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
14.1 If you breach these Conditions of Sale and Terms of Business and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale and Terms of Business.
15.1 We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Intelligent Facilities Solutions (Australasia) Pty. Ltd. with the involvement of a parent or guardian.
16. SAMPLE HAND DRYER(S)
16.1 You agree to pay the stated amount for each hand dryer sent to you as a sample, before the hand dryer(s) will be dispatched.
16.2 You agree to sign a document headed “Sample hand dryers – terms and conditions” and to be bound by these terms and conditions throughout the duration of the sample period.
16.3 We agree to dispatch the hand dryer(s) once sections 16.1 and 16.2 are complete within 1 – 2 working days of receiving both completed sections.
16.4 You agree to source a qualified electrician to fix a plug onto each sample hand dryer so that they can be plugged into a standard electrical socket for testing purposes
16.5 You agree not to install the sample hand dryer(s) at the fuse spur or fix to a wall.
16.6 You agree to return the hand dryer(s) in the new condition that they arrived to you. These will be packaged in their original box(es), including all accessories and internal packaging when sent back to us.
16.7 You agree to notify us within 30days of the payment date, which hand dryer(s) you wish to return. If this is over 30days we reserve the right to not accept the hand dryer(s) as returns and you will be charged in full for each hand dryer.
16.8 We will arrange collection of any hand dryer(s) you feel are not suitable for your needs, free of charge, subject to above sections 16.4, 16.5, 16.6 and 16.7 being met.
16.9 Once we receive the hand dryer(s) which is/are not required, and an inspection has taken place (usually within 14days of receipt), you will be fully refunded for the hand dryer(s) returned. If any of condition 16.6 is not met, we reserve the right to deduct any costs incurred from any refund returned to you.
17 CREDIT ACCOUNTS
17.1 You may apply to us in writing to set up a trade account which we may grant or refuse in our absolute discretion. You will need to complete an Application for a 30 Day Credit Account Facility. You will authorise us to take up references at any time from bank and trade sources given. We will make searches with a credit reference agency, which will keep a record of those searches and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference agency.
17.2 If we agree to allow you such an account you must pay for any Products ordered by you within 30 days of date of our invoice, unless another payment term has been agreed in writing. Time for payment is of the essence. If you do not pay on time we may (without prejudice to our other rights and remedies) suspend your account and/or withdraw the Trade Account in our absolute discretion at any time by notifying you in email.
17.3 If you fail to pay us any sum due pursuant to the contract, or your payment is dishonoured we may contact you, charge you late payment fees and refer your contractual obligation to an agency of recovery
17.4 All other terms and conditions stated above and below this section 17 are to be adhered to all credit accounts.
17.5 The Products are at your risk from the time of delivery.
17.6 Retention of title - Ownership of the Products shall not pass to you until we have received in full (in cash or cleared funds) all sums due to us in respect of:
17.6 a) the Products; and
17.6 b) all other sums which are or which become due to us from you on any account.
17.7 We shall be entitled to recover payment for the Products even though ownership of any of the Products has not passed from us.
17.8 Until ownership of the Products has passed to you, you must:
17.8 a) store the Products (at no cost to us) separately from all your other products and products of any third party in such a way that they remain readily identifiable as our property; and
17.8 b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; maintain the Products in satisfactory condition and keep them insured on our behalf for their full price against all risks
17.9 Your right to possession of the Products shall terminate immediately if:
17.9 a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency or we have reason to believe that any of the above are likely to occur; or
17.9 b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of the Australian Insolvency Law and Acts or you cease to trade.
17.10 You grant to us, our agents and employees an irrevocable license at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where your right of possession has terminated, to recover them.