Terms & Conditions
Terms & Conditions
Sparky Supply, is a website owned and operated by Advanced Electrical Wholesale Pty Ltd A.B.N.: 77 099 127 107
These Terms & Conditions apply to the website at www.agmelectrical.com.au ("Website") which provides electrical products and related goods and services.
Please read this Agreement carefully before accessing or using the Website. They apply to browsers at the Website and customers of Sparky Supply who use the Website.
These Terms & Conditions will apply to orders made by you using the Website. Product and service descriptions and pricing from time to time are specified on the Website. Incorporated into these Terms & conditions by reference is your current account (if any) as a customer of Sparky Supply , which includes your choice of product and services from time to time. On the terms and conditions of this Agreement, Sparky Supply agrees to provide such products and services and you agree to accept them.
“You” and “your” refer to all users of the Website, including registered users, and “we”, “us” and “our” refer to Sparky Supply.
2. LEGALLY BINDING Contract
2.1 These Terms & Conditions constitute a binding legal contract between you and Sparky Supply. You agree that you will be legally bound when you click an "I agree," "I consent," or other similarly worded "button" or entry field on the Website with your mouse, keystroke, or other data entry mechanism. Those clicks are a legal equivalent of your handwritten signature.
2.2 The Terms & Conditions in force at any time are published on the Website and you will be taken to have accepted them by accessing or using the Website.
2.4 If you do not agree with the terms of service applicable at any time, do not access, use, submit information to or download from the Website.
2.5 The Website and these Terms & Conditions may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last updated date appears at the end of the Terms & Conditions specifying the date of the last update coming into force.
2.6 Specific Website facilities, features, offerings, incentives, areas, sections, communities, and discussion groups may also have additional guidelines which govern your use of the Website. You must comply with them in addition to these Terms & Conditions. By participating in them you agree to be bound to their additional rules.
2.7 You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms & Conditions or you represent you are a minor over the age of 13 and warrant that you have obtained parental consent.
See Delivery Information Page
4. ORDER PROCESS
4.1 (You make the order) You must be 18 years or over to buy, receive or accept delivery of products from Sparky Supply or Australia Post. To make an order you will need to provide your name, contact details, age, delivery address, and credit card details. Orders also require you to confirm your acceptance of these Terms & Conditions. You warrant that all your details provided to us are true and correct, including your name, email address, credit card details and delivery location.
4.2 (Sparky Supply checks availability) Sparky Supply will receive your customer order via email, phone, order form or website shopping cart. Sparky Supply checks that stock you selected is available and ready for delivery to you. If the freight charge (or any other component of the charges) for your order needs variation given your specific situation or requirements, we will contact you to confirm if you still want to proceed with your order.
4.3 (Sparky Supply processes your order) If your order is accepted then we will process it. Our obligation to deliver will be discharged on arrival of the order at the delivery address you nominated in your order and acceptance thereof it by an adult. You authorise us to apply the applicable charges as calculated on the basis specified on our website, MMS or SMS messages, or other relevant communications at or about the time of your order. These normally include the goods charge, freight charge, and GST. Where applicable, they will also include any charge associated with damaged, lost, stolen or unreturned goods.
4.4 (You acknowledge receipt) For ease of delivery and tracking of your ordered product, we prefer that where possible you provide an address where you will be available to sign, or otherwise accept receipt, on delivery during normal business hours.
4.5 (Legal Title and Risk) Until full payment is made legal title to the goods remains with Sparky Supply . Risk in the goods passes to you on delivery.
(a) To receive an immediate exchange or refund for faulty or incorrectly supplied goods, return the products in their original packaging and in a resalable condition within seven (7) days of sale to the store from which they were supplied. The location of the store will appear on your receipt.
(b) A refund or exchange will be made at the same value as the original purchase price, excluding freight if you had your order home delivered. You must present a copy of your store receipt or website order confirmation email.
(c) After return of them to us, we will inspect them to assess if they will be replaced. Whilst all care is taken, we cannot be responsible for items that are damaged in the post or in transit.
(d) Products that have been installed cannot be returned for a change of mind refund or exchange.
(e) Products may differ from those pictured on the website due to natural variations in colour/finish and scale of the image.
5. licence, Permitted Use and Prohibitions
5.1 Your use of the Website must not breach these Terms & Conditions, Sparky Supply ’s statements on pages of the Website, and any agreement on the Website to which you become a party.
5.2 Sparky Supply requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.
5.3 You must make all appropriate or proper disclosures (including as regards any relevant affiliation or interest) to avoid any perceived breach of these prohibitions, unethical practices or any conflict of interest.
6. Intellectual Property
6.1 The content of the Website and any alerts, newsletters, broadcast emails or other materials associated with the Website are the property of Sparky Supply or licensors to it, unless noted otherwise.
6.2 The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, changed, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted on the Website are reserved by Sparky Supply .
6.3 Except for your own user content (if any), you may not upload or republish the Website and any part of its content on any online network, intranet or extranet website or incorporate Website information in any database or compilation.
6.4 For any written permissions, email Sparky Supply (see email address on the Website) or the relevant copyright owner or controller.
6.5 All names, logos and signs on the Website are the trade marks of their respective owners. This is our trade mark: Sparky Supply ™.
6.6 Do not upload files or post messages to the Website that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (ie hypertext links).
7. USER-GENERATED CONTENT Licence AND CONSENT
7.1 By posting each comment, submission, post or other content to the Website (including in advertisements, profile pages, feedback, ratings, messages or posts in the forum (if any) or any form of communication or other content on, through or with the Website), you automatically grant to Sparky Supply , its licensees and assigns a irrevocable, perpetual, non-exclusive, royalty-free licence throughout the world for the purposes of using, publishing and displaying that content.
7.2 You irrevocably consent to all Sparky Supply ’s acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically you consent to Sparky Supply ’s, or others authorised by Sparky Supply , carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.
8.1 Comments, Submissions, Posts and Materials
The Website has or may have facilities which are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to the Website. The Website has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.
Sparky Supply does not warrant the accuracy, integrity or quality of any user-generated material or information. Sparky Supply is not liable for any user-generated information on the Website or elsewhere received from you or other users, including any errors or omissions in information, or for any loss or damage of any kind incurred as a result of use of information from you or other users.
Comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. Sparky Supply accepts no liability for comments, submissions, posts or material by users.
It is a condition of your access to the Website, and in particular use of the Website forum (if any), that you must not make or add any feedback, comment, submission, post or material that is in Sparky Supply ’s opinion:
(a) in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Website by others;
(b) involving you in contacting anyone who has asked not to be contacted;
(c) defamatory or derogatory of other persons;
(d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in the Copyright Act 1968 (Cth));
(e) untrue, misleading or deceptive;
(f) discriminatory, offensive or capable of inciting violence or hatred;
(g) in breach of any applicable laws or regulations;
(h) commercial advertising;
(i) uses offensive language;
(j) employs a misleading email address or otherwise manipulates identifiers which disguise the origin of information communicated or transmitted through the Website;
(k) an intentional post in an irrelevant category or involving an off the topic comment, a repeated post with the same or similar information unless it is a recurring activity, or an otherwise unreasonable load on the Website;
(l) an attempt to gain unauthorised access to Sparky Supply ’s computer systems or activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or
(m) a file or code containing a virus, trojan, malware or worm.
In Australia and other countries, feedback, ratings and comments may be defamatory. Sparky Supply accepts no liability for any claim, demand, action, loss, damage, cost, charge, fine or expense that may arise from feedback, ratings or comments. You release forever and indemnify Sparky Supply from any liability for any feedback, ratings or comments on the Website.
Feedback, ratings, comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. Sparky Supply does not endorse, control, agree with or otherwise comment on that feedback, ratings, comments or other user content. Sparky Supply accepts no liability for feedback, ratings, comments, submissions, posts or material by users.
Sparky Supply may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any comments, submissions, posts or material you make or add to the Website. Sparky Supply does not endorse, control or accept liability for user-generated content, messages or information.
Sparky Supply at times may be legally obligated to disclose personal information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. Sparky Supply may disclose such details as it is required or at its discretion.
9.1 Sparky Supply may issue tax invoices to you but has no responsibility for determining the necessity of or for issuing any invoice, or for determining, remitting, or withholding any tax or impost of any kind (including withholding tax, stamp duty, goods and services tax and any other type of value added tax) in connection with any use of the Website.
9.2 Where GST applies, Sparky Supply may deduct the GST it incurs from each user's payment and Sparky Supply may issue the user with a tax invoice. Terms used in this clause are governed by definitions in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9.3 Each user is solely responsible for determining his/her own obligations and compliance responsibilities (or that of any related entity) under applicable law. You and any related entity hereby jointly and separately indemnify Sparky Supply with respect to all such obligations and responsibilities.
(a) is responsible for the security and use of his or her user name and password and must take all reasonable steps to ensure they are kept confidential and secure;
(b) must not allow any third party or unauthorised person to access the Website using that user name or password; and
(c) must immediately notify Sparky Supply of any unauthorised use of a user name or password or any other breach of security.
Sparky Supply is not liable for any loss or damage arising from your failure to comply with this clause.
11. Product warranties AND WARRANTY CLAIMS
11.1 Each product’s warranties are governed by the warranties and other terms and conditions (if any) of the relevant manufacturers and suppliers. We will not be liable to you or any third party for any loss suffered due to product failure.
11.2 All products on the Website must be installed by a licensed electrician. Any manufacturer or supplier warranties for a product may be void if not installed by a licensed electrician.
11.3 You can return faulty products to us with the receipt, within the warranty period for their repair, replacement or refund once the faulty product is received and checked by Sparky Supply Suppliers or the relevant manufacturers and suppliers, or where applicable, all those parties
11.4 Where faulty products are installed, a warranty claim form may need to be submitted to the relevant supplier of those goods.
11.5 No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Sparky Supply , and we are not responsible to you for any transactions you have with any third party.
12. Links Policy
You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.
You indemnify Sparky Supply from and against all demands, claims, actions, proceedings, settlements, liability, expenses, fines, damages, costs or losses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms & Conditions, or any demand or complaint made by another user against you for any comment, submission, post or material made or added by you or authorised by you for the Website.
14. Disclaimers and Liability
14.1 The Competition and Consumer Act 2010 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms & Conditions, the disclaimers and limitations specified in these Terms & Conditions only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
14.2 The Website is provided for informational purposes only and is not intended as professional advice, or as a substitute for the professional advice. You should not act on the basis of anything contained on the Website without first obtaining any necessary or prudent professional advice.
14.3 All care and diligence is taken to ensure the accuracy and currency of information. However, your use of the Website is at your risk. The Website is provided “as is” and you accept and use it at your own risk. You have received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from use of the Website, except as expressly specified in this Agreement.
14.4 To the full extent it is lawful or possible to do so and except as may be expressly specified in this Agreement, all conditions, warranties, representations and liability, whether express or implied, are disclaimed and excluded as to the Website and its description, quality, performance or fitness for its purpose. In particular, we do not warrant that the operation or performance of the Website will be uninterrupted or error-free, except as may be expressly specified in this Agreement. Further we limit our obligations and liability for the repair, replacement or refund to the purchase price of any goods to our obligations under the Competition and Consumer Act 2010 (Cth) and other legislation in New South Wales.
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