Terms & Conditions
1. GOVERNING TERMS AND CONDITIONS
These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute such as the Competition and Consumer Act 2010 (Commonwealth) and which cannot be excluded. Any direction by the Buyer either verbal, written or submitted online via the Push or Pull website to procure goods or services from the Seller will be deemed as acceptance by the Buyer of these terms and conditions, despite any provisions to the contrary in the direction or any
2. TERMS OF PAYMENT
The Buyer must pay for goods to be delivered in accordance with one of the payment methods offered on the Sellerâs website. The Seller does not currently offer extended payment terms for sales made on the website, and therefore payment must be made at the time of on-line checkout.
3. INSPECTION AND ACCEPTANCE
The Buyer shall inspect all goods upon delivery and shall within two (2) Business Days of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Competition and Consumer Act 2010 (Commonwealth), the goods shall be deemed to have been delivered to and accepted by the Buyer.
4. RETURNS
All our Door Handles and architectural door hardware are made from the highest quality materials available, with the highest of workmanship.
In the unlikely event that any of our products are found to be defective we will happily arrange for a replacement, as all of our products are 100% Guaranteed against faulty workmanship or material.
Returns will NOT BE ACCEPTED OR CREDITED, including cancellation of order will be NOT accepted once the order is placed , as most of the handles are ordered and manufactured specifically for you, due the extremely high number of handles variations that we offer, diameter, length, style and colour, etc.
The handle that you have chosen will have likely have been made specifically for your order, so returns due to change of mind or change of circumstances WILL NOT BE ACCEPTED OR CREDITED.
So please ensure that you make the right selection to avoid any unnecessary problems
Return of goods is not permissible under any circumstance due to change of mind or incorrect selection, other than in situations whereby the product has been proven to have delivered in a faulty or damaged condition.
a. The Buyer must notify the Seller by phone on 1300 853 323 or by email to info@pushorpull.com.au within 2 business days of receiving delivery of the order if the goods are found to be faulty or delivered in a faulty condition.
b. No items are returned with writing or stickers on the original packaging. The Buyer must put all markings for return postage on the outer postal packaging.
5. WARRANTY AND LIABILITY OF SELLER
(a) The Seller makes no express warranties under this Agreement. Manufacturers of goods may, from time to time, provide a voluntary warranty directly to the Buyer in relation to goods supplied to the Buyer.
(b) Buyer shall immediately notify the Seller in writing via email of any defect in the goods supplied by the Seller. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of that Seller to do so. The provisions of this clause 23(b) do not constitute a warranty in relation to the quality or fitness of the goods, or require the Seller to repair or replace goods, or offer a refund in relation to goods, in circumstances other those set out in Australian Consumer Law (to the extent that the Australian Consumer Law applies to the goods).
6. GST
The parties agree that:
(a) The Final Purchase Price is inclusive of GST;
(b) each party will comply with its obligations under the Competition and Consumer Act 2010 (Commonwealth) when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;
(c) if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.
(d) Any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.
7. INSTALLATION
A Seller’s Sale Invoice is made on a supply only basis. Installation and commissioning (if any) is at the expense of the Buyer unless otherwise specified in writing by the relevant Seller.
8. DIMENSIONS, PERFORMANCE DATA AND OTHER DESCRIPTIVE DETAILS
(a) Photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or provided online at Push or Pull website, or given in descriptive literature or a catalogue approximate the goods offered but may be subject to alteration by the manufacturer or supplier without notice.
(b) To the extent permitted by statute, any performance data provided by the Seller, a supplier or a manufacturer is an estimate only and should be construed accordingly.
(c) Unless agreed to the contrary in writing, each Seller reserves the right to supply an alternative brand or substitute product that has characteristics that are materially consistent with the goods offered when necessary.
9. SHIPMENT AND DELIVERY
(a) Deliveries will usually take up to 3 to 4 weeks, although in some cases it may take an extra few week on top of this period, whereby delivery has been delayed due to manufacturing schedules, delivery delays and any other factor that may delay the delivery outside the control of the Seller. Although the Seller makes every effort possible to ensure that delivery of the goods is made in a timely manner.
(b) The delivery address must be an address within Australia and cannot be a freight forwarding location or a PO Box. International orders are possible but the Seller must agree prior to the order being accepted, and buyers are responsible for ALL local custom charges and Taxes, Tariffs or any other charges and Laws that are applicable to the destination country.
(c) Anyone at the delivery address (or upon collection) who receives the goods from Push or Pull third party delivery contractor shall be presumed by Push or Pull to be authorised to receive the goods and must sign a receipt acknowledging receipt of the goods. Push or Pull s third party delivery contractor may request that the person who receives the goods at the delivery address (or upon collection) provide satisfactory evidence of proof of age and / or identity, and, may refuse to deliver the Goods if the person receiving the goods is unable or unwilling to provide such evidence.
(d) If the Buyer receives any goods in a damaged condition then they must notify the Seller within 2 business days of receiving the goods. The Buyer must also provide photographs of the packaging when the delivery arrives and of the individual products that are damaged as soon as they are discovered damaged upon opening the packaging. The Seller will indicate the address to which the product with its original packaging should be returned. Once the Seller has viewed the damage, and it is determined that the item/s were damaged in transit, the Seller will replace the product at no additional cost and refund the cost of sending the product back to the Seller.
(e) Whilst Push or Pull will make all reasonable endeavours to deliver goods as per the schedule above, to the extent permitted by law, and except as otherwise required by the Australian Consumer Law, Push or Pull does not warrant the delivery of goods on time and Push or Pull does not accept responsibility or liability for delivery failures or delays by our third party delivery contractors.
10. FORCE MAJEURE
If the performance or observance of any obligations of any Seller is prevented, restricted or affected by reason of a force majeure event including strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of the Seller, the Seller may, in its absolute discretion give prompt notice of that cause to the Buyer. On delivery of that notice the Seller is excused from such performance or observance to the extent of the relevant prevention, restriction or effect.
11. DEFAULT OF BUYER
If these terms and conditions are not strictly observed by the Buyer, the Seller may in its absolute discretion, refuse to supply to the Buyer and the Seller shall not be liable to the Buyer for any loss or damage the Buyer may sustain as a result of such refusal. The costs of collection of any moneys are due and payable by the Buyer, including the fees of any mercantile agent or lawyer engaged by the Seller.
12. BUYER’S CANCELLATION
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing via email from the Buyer to the Seller with which the order has been placed not later than 2 hours after making the order or before 3pm on the day of the order (whichever is earlier).
13. ALTERATION TO CONDITIONS
A Seller may, at any time and from time to time, alter these terms and conditions. Any variation to these standard terms and conditions will not apply to any contract for a specified term that incorporates a version of these standard terms and conditions released prior to the variation.
14. GOVERNING LAW
These terms and conditions and any contract including them shall be governed by and construed in accordance with the laws of the State of New South Wales and the Seller and the Buyer submit to the non-exclusive jurisdiction of the Courts of New South Wales.