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Davey Click & Collect “Davey Deals” Website Terms and Conditions

In these terms and conditions ("Terms") “Davey”, "we", "us" or “our” means Davey Water Products Pty Ltd (ABN 18 0666 327 517) and “you” are the customer in whose name the order is placed.

Davey Deals is the name by which the website is referred to. https://www.daveydeals.com.au, owned and operated by Davey Water Products Pty Ltd.

“Davey dealer” means a dealer authorised by Davey to sell and support its products and which is listed on the website as participating in the Click & Collect program.

Please read through these Terms carefully as they form the agreement under which we will supply products to you purchased online. These Terms may only be varied in writing by Davey.

1. Orders

1.1           You may place an order with us by completing the order process on our website: https://www.daveydeals.com.au

 

1.2           The process involves you first selecting a Davey dealer location for collection of your product (“Dealer Location”), followed by selecting the product to purchase.  Product prices may vary dependant on the Dealer Location as Davey dealers are independent entities and free to set their own product prices.

 

1.3           We may at our discretion accept or reject an order depending on a variety of factors, including the non-availability of the products ordered or our inability to validate payment for the products.

 

1.4           Please choose your products carefully and check the price of the products included in your cart before submitting your order.

 

1.5           We will send you an order confirmation and tax invoice (“Davey tax invoice”) via email when the checkout and payment process is complete. Please retain your Davey tax invoice. Orders will not be advised as available for collection until payment has been received in full.

 

1.6           Once we have sent you the Davey tax invoice, a binding agreement will come into existence between you and us and only these Terms will apply in relation to the supply of the ordered products.

 

1.7           Any customer changes to a completed order are at Davey’s discretion. If agreed to,  the changes may incur additional charges (including the difference in the changed product price and re-stocking costs). Customers are encouraged to discuss their product selection and any potential changes with the Davey dealer on collection at the Dealer Location.

1.8           By placing an order with Davey Water Products Pty Ltd you confirm that you are over 18.  You agree not to use this website to make fraudulent purchases or speculative enquiries.

2. Availability

We do our best to keep in stock all products that are advertised by or on our website.  However, we cannot guarantee availability of stock at all times and reserve the right to withdraw or suspend from sale any products displayed on our website, either temporarily or permanently, at any time without notice to you. 

3. Price and Payment

3.1  The price payable by you for a product is the price advertised on our website (at the link to the selected Dealer Location) at the time you place your order. All prices shown online are inclusive of GST. 

3.2 You must pay the price for each product ordered by you in full at the time of ordering using approved credit cards through the payment gateway specified on our website. 

3.3 You confirm you have the authority to utilise the payment method used. Your payment may be declined or otherwise not accepted at any time and for any reason including, without limitation:

(a)  where fraud detection systems detect possible irregularities;

(b)  because your financial institution has declined payment; or

(c)  because your payment card has expired.

3.4 All credit card transactions are secured using Secure Socket Layer (SSL) Encryption to minimise the possibility of unauthorised access or disclosure. No credit card information is stored by our website. We will not be responsible, except to the extent otherwise required by law (including, without limitation, under the Australian Consumer Law), for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or is used in an unauthorised manner by a third party.

3.5 If we have provided you with a promotional code, you will need to enter the code at checkout and abide by any additional terms and conditions. Promotional codes cannot be used in conjunction with any other offer or discount. You agree to obtain consent to provide any third party information required for the supply of gift products and gift certificates ordered by you. Promotional codes may be withdrawn at anytime, by Davey, without notice.

3.6 The Davey tax invoice will be sent to you on receipt of payment. Your Davey tax invoice is your proof of purchase and will be required for collection and any cancellation or refund requests, or warranty claims.

3.7 Davey will not be bound by clerical errors or omissions whether in computation or otherwise in any invoice and the same shall be subject to correction.

4. Cancellation of Orders

4.1 Order cancellations are discretionary, and while it may be possible to accommodate such requests (on the condition that any associated re-stocking costs are paid by the customer) Davey reserves the right to refuse cancellation of your order. Once an order has been collected, it may not be cancelled and can only be returned according to the process outlined in clause 7 or 8 of these Terms.

4.2 We reserve the right to cancel an order at any time before collection.  If we do so, we will provide you with a full refund.  We will only do this in limited circumstances, such as where:

(a)  our manufacturers or suppliers are unable to supply products that they have previously promised to supply or the requested products are otherwise unavailable;

(b)  an event beyond our control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, lock-out, or failure of computer systems, means that we are unable to supply the products within a reasonable time;

(c)  products ordered were subject to an error on our website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;

(d)  your order is cancelled in accordance with clause 4.1;

(e)  your payment is not accepted for any reason; or

(f)  the order has been placed in breach of these terms and conditions

In the event of such incidents Davey shall not be liable for any Loss suffered by you. “Loss” means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.

5. Collection

5.1 All orders placed on this site are ‘Click & Colllect’ orders which require collection by you from the selected Dealer Location. Delivery is not included in the ‘Click & Collect’ program.

5.2 In order to collect your product you need to provide: a copy of the Davey tax invoice, photographic personal identification (such as your driver’s license) and the credit card you used to pay for the product. Davey dealers are not permitted to release the Click & Collect product without all of this documentation being provided.

5.3 Your product will be available for collection at your nominated dealer within 4 hours of your order being finalised on the website. You must collect the product from the Dealer Location specified in your order. It is not possible to order from one Dealer Location and collect from a different location.

5.4 . Products may be collected between 8:00am and 4:00pm from the Dealer Location on business days, except for public holidays. We recommend that you check the opening hours of the selected Dealer Location for any extended hours.

5.5 Products must be collected within 21 days of your purchase being made and receipt of the Davey tax invoice. Collection after this period is entirely at the discretion of the Davey dealer and you will need to make arrangements for later collection directly with the office of the Dealer Location. Any products uncollected after this period, or any extended period agreed in writing with the dealer, will be forfeited.

5.6 You agree and acknowledge that:

(a)  events outside our control may cause delays, or in some circumstances, prevent your products from being available for collection and we will endeavour to provide you with reasonable notice of such issues;

(b)  except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any Loss suffered as a direct or indirect result of any delay in your collection of the products, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. Acceptance

6.1  You will be deemed to have accepted the products as being in accordance with your order unless you notify Davey, or the Davey dealer at your selected Dealer Location, to the contrary within 48 hours of collection of the products.

6.2 It is your responsibility to carry out reasonable investigations for incorrect, missing or damaged goods before signing the collection documentation. Incorrect, missing or damaged goods should be brought to the attention of the Davey dealer and noted on the collection documentation.

7. Returns

7.1 We reserve the right to refuse any change of mind returns. The customer may not return of products for refund without the prior written approval of Davey and then only on the condition that the products are:

a) listed in Davey’s current published Price List when returned and are in an unused condition, in original packaging, unsoiled, undamaged and in re-saleable condition; and

b) returned within 30 days from date of collection to the Dealer Location by the customer and accompanied by the Davey tax invoice.

7.2  The value of any refund will be limited to the amount originally invoiced for the product, less a re-stocking charge (the amount of which shall be at the discretion of Davey but not less than 15% of the price for those products).

7.3 For faulty products and claims under the Davey Guarantee refer to clauses 8 and 9.

8. Warranties

8.1. The “Davey Guarantee” means the Davey Repair or Replacement Guarantee provided with the product installation and operating instructions.

8.2       Subject to clause 8.3, Davey warrants the products will be free from defects in material and workmanship from the date of purchase to the end of the guarantee period specified in the Davey Guarantee and is provided subject to the conditions specified in the Davey Guarantee.

8.3 To the fullest extent permitted by law, and except where consumer guarantees imposed by the Australian Consumer Law are applicable, no warranty, condition, undertaking or term (whether express or implied) as to the condition, quality, reliability, accuracy or completeness, performance, merchantability or fitness for purpose of the products is given or assumed by Davey.

8.4 The benefits of the Davey Guarantee are in addition to other rights the customer may have under law relating to the supply of the products. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including under the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the Australian Consumer Law, the following notice applies to you:

"Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure."

8.5  Davey Guarantee claims must be made prior to the end of the period specified in clause 8.2 and must adopt the following procedure and requirements:

(a)        The customer at its expense either deliver to, or arrange for an infield inspection from, Davey or the dealer from the Dealer Location from which the product was collected;

(b)        The product must be delivered to, or inspected by, Davey or the Davey dealer within the relevant guarantee period specified in clause 8.2. Davey will not be responsible for the delivery costs;

(c)        All Davey Guarantee claims must be accompanied by the Davey tax invoice;

(d)        If Davey determines that the claim is valid, Davey will, at its option, return the repaired product or provide a replacement product free of charge;

(e)        If Davey determines that the claim under the Davey Guarantee is not valid, Davey will notify the customer or the Davey dealer of its decision.

9.  Product Liability

9.1           The Davey Guarantee in clause 8 is subject to the exclusions specified in the Davey Guarantee and will not apply where the product has been:

(a)        stored or handled inappropriately, negligently or in such a manner as to effect performance and operational life;

(b)        installed outside specifications and installation instructions as published by Davey from time to time;

(c)        operated outside specifications, maintenance and operating instructions as published by Davey from time to time;

(d)        modified or altered in any way not approved by Davey;

(e)        damaged from normal wear and tear;

(f)         damaged from:

 

(i)             operation at a duty point other than that specified and quoted;

(ii)            sand or abrasive materials;

(iii)           inappropriate chemicals or additives to the water including corrosive, saline or abrasive water or liquid;

(iv)           electrolytic action;

(v)            abnormal conditions including pressure, stress or liquid temperature beyond the recommended range;

(vi)           incorrect voltage supply;

(vii)         cavitation;

(viii)        Acts of God including but not limited to lightning strikes or high voltage spikes;

(ix)           the lack of reasonable and proper use, maintenance and repairs; or

(x)            repairs or maintenance conducted by unauthorised persons.

 

9.2              The Davey Guarantee in clause 8 will not apply to:

(a)        the replacement of the consumables of the products.  Consumables means but is not limited to mechanical seals, bearings or capacitors;

(b)        defects in products and components that have been supplied to Davey by third parties.  Davey will not be obliged by these Terms to do so but Davey will provide reasonable assistance to obtain the benefit of the third party’s warranty/guarantee, if any.

 

9.3           Pursuant to the Australian Consumer Law, this clause 9.3 applies in respect of any of the products supplied under this agreement which are of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by law, Davey’s liability for failure to comply with a guarantee that applies under the Australian Consumer Law, is hereby limited to, in the case of the products at Davey’s option, any one or more of the following:

(a)     the replacement of the products or the supply of an equivalent product;

(b)     the repair of the products;

(c)     the payment of the cost of replacing the products or of acquiring an equivalent product;  or

(d)     the payment of the cost of having the products repaired.

To the extent that Davey fails to comply with a guarantee that applies under the Australian Consumer Law applies to Davey’s provision of services, then Davey’s liability is similarly limited, at Davey’s option, to the re-supply of the services or reimbursing the customer for paying someone else to supply the services.

9.4           This clause 9.4 applies where any Act, statute, rule or regulation (other than Division 1 of Part 3-2 of the Australian Consumer Law and regulations made in relation thereto) (“other law”) implies in this agreement any term, condition, warranty, right or obligation (“implied term”), and the other law avoids or prohibits a provision in a contract excluding or modifying the application of, exercise of or liability under such implied term. To the extent permitted by law, the liability of Davey for any breach by it of such implied term is limited, at Davey’s option, to any one or more of the remedies referred to in clause 9.3 above.  

9.5           To the fullest extent permitted by law or statute, Davey shall not be liable (in contract, tort or otherwise) for incidental or consequential damage or injury, including, but not limited to, loss of crops, loss of profits, rental or substitute equipment, or other commercial loss or personal injury or death howsoever caused and whether or not the result of negligence.

9.6           In any event the total liability of Davey for any breach of any term, condition or warranty, express or implied, which cannot lawfully be excluded is limited to the fullest extent permitted to one of the remedies in clause 9.3 at Davey’s option.

9.7           The customer indemnifies Davey against all claims, proceedings, losses, costs (including legal costs) and expenses whatsoever and howsoever arising from and in connection with any breach or default under these Terms and Conditions.

9.8              This clause will survive termination of this agreement. 

10. Drawings & documentation

10.1  Descriptions necessary for proper and safe installation, starting, operation and maintenance of the supplied products will be made available either on-line or with manuals provided to the customer upon delivery of the products. Intellectual property rights in all product drawings and descriptions  remain the property of Davey and may not be copied or reproduced, without the express written permission of Davey.

10.2 The Customer acknowledges that Davey remains the owner of all copyright, designs, patents, trade marks and other intellectual property rights subsisting in, used on or in relation to the products, drawings and descriptions, and advertising material supplied in connection with such products.

11. Force Majeure

We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least three months, we may terminate our agreement with you by giving you five business days' written notice.

12. General

12.1  These Terms form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any terms or conditions printed or referred to in your order (if any) will be binding on us or have any legal effect.

12.2  We may change any provision in these Terms at any time by publishing the change on our website so it is important that even if you are a frequent purchaser from us that you check these Terms whenever you want to purchase products from us. Any change of these Terms will only apply to orders made after publication of the change on our website.

12.3  If any provision of these Terms is invalid, illegal or unenforceable, these Terms take effect (where possible) as if they did not include that provision.

12.4  You agree to provide us with current, complete and accurate details when setting up your Account and/or placing an order. Please refer to our Privacy Policy at https://www.daveydeals.com.au/images/privacy/davey_privacypolicy_2019.pdf to see how we collect, use and protect your personal information. IP addresses may be logged for orders placed on our website and may be used to verify a transaction with any financial institution involved or to pursue legal action if required due to fraud or other misrepresentations. You agree not to use another person’s details without their permission or impersonate another person when placing orders or using this site.

12.5 These Terms are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

13. Website Content

13.1 Nothing in these Terms constitutes a transfer or license of any intellectual property rights. All content included on this site including, but not limited to, text, trade marks, images and logos is the property of Davey Pty Ltd and/or its suppliers. The websites located at shop.davey.com.au and Davey.com.au are the property of Davey are copyright protected by Australian and international copyright laws. Reproduction in any form of any part of this website, or its contents, is prohibited unless written consent is obtained from us.

13.2 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

13.3 All products purchased through us are sold via description only. Images on this site are as accurate as possible, however in some situations exact product images are unavailable and substitutes are used. Use of your best judgement is required, including reading product titles and descriptions, and contacting us prior to purchasing with any queries you may have.

13.4 Website content is kept as up to date as possible and may change at any time.

13.5 We are not liable for any Loss caused by the use of this website, including the failure of all or parts of it. 

14. Viruses

We cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.

15. Third Party Websites

15.1 This website may contain links to third party websites. We are not responsible for the condition or content of these third party sites. You access those websites and/or use the website's products and services solely at your own risk and with no liability accepted by us for any loss or damage howsoever arising through the use of a third party site. We recommend you read the third party website’s Terms and Privacy Policies.

15.2 The third party links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Davey of the websites or the products or services provided on the website.