Terms and Conditions

1. Terms and Conditions

 

1.1 Operation and Web Site Use

a.    The Web Site is owned and operated by Dunlop Flooring, a division of Pacific Brands Clothing Pty Ltd at www.dunlopflooring.com.au.

b.    These terms and conditions govern Your use of the Web Site. By accessing any of the Web Site You agree to observe these terms and conditions.

c.    While Dunlop Flooring has made every effort to ensure that information is free from error, Dunlop Flooring cannot accept any responsibility for any errors or omissions in the information on the Web Site.

d.    Dunlop Flooring does not guarantee that the Web Site or Third Party Web Sites will be free from viruses, or that access to the Web Site or Third Party Web Sites will be uninterrupted.

 

1.2 Variation in terms and conditions

a.    These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date.

b.    Dunlop Flooring may at any time vary the terms and conditions by publishing the varied terms and conditions on the Web Site.

c.    You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.

 

1.3 Dunlop Flooring Products

a.    Material on the Web Site may contain general information about Dunlop Flooring products. Unless expressly stated otherwise, this information:

1.    does not constitute an offer or inducement to enter into a legally binding contract; and

2.    does not form part of the terms and conditions for sale of Dunlop Flooring products.

 

1.4 Copyright and Trade Marks

a.    The Web Site and all material provided on the Web Site is owned or licensed by Dunlop Flooring, including the "look" and "feel" of the Web Site, the colour combinations, layout and all graphical elements.

b.    Except where necessary for viewing the material on this Web Site on Your browser for personal, non-commercial use, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be used, including reproduced, adapted, modified, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Dunlop Flooring.

c.    Various trade marks displayed on the Web Site are owned by Dunlop Flooring. Other product and company names mentioned on the Web Site may be the trade marks of other people or entities. These trade marks should not be used without the prior consent of the owner.

d.    If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact Dunlop Flooring and the matter will be investigated.

 

1.5 Third Party Web Sites

a.    The Web Site may contain links to Third Party Web Sites. Dunlop Flooring does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites.

b.    Subject to any applicable law, which cannot be excluded, Dunlop Flooring makes no warranties or representations:

1.    regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Sites; or

2.    that material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. Dunlop Flooring is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites.

c.    When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is third party material for the purpose of these terms and conditions.

 

1.6 Links to the Web Site

You need to obtain Dunlop Flooring’s permission before creating a link to the Web Site. Please contact Dunlop Flooring if You would like to link to the Web Site.

 

1.7 Indemnity

Subject to clause 1.8, You hereby agree to indemnify and hold Dunlop Flooring free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.

 

1.8 Limitation of Liability

a.    Subject to any responsibilities implied by law and which cannot be excluded, Dunlop Flooring is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Your use of the Web Site or Your use of Third Party Web Sites linked to the Web Site, whether in contract, tort including negligence, statute or otherwise.  This limitation applies to direct, indirect, consequential, special, punitive or other damages You or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

b.    Liability of Dunlop Flooring for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Dunlop Flooring' option, to:

1.    the supply of the information, goods or services again;

2.    the repair of the goods; or

3.    the payment of the cost of having the goods or services supplied again or repaired.

c.    All other implied conditions, warranties or rights howsoever arising, are excluded. In particular, Dunlop Flooring does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.

 

1.9 Jurisdiction

a.    These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia.

b.    Recognising the global nature of the Internet, You irrevocably submit to the jurisdiction of the courts of the State of Victoria, Australia.

 

1.10 Termination

a.    These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by Dunlop Flooring without notice.

b.    All licences granted by You and all disclaimers and limitations of liability by Dunlop Flooring in these terms and conditions will survive termination, however, You will no longer be authorised to access the Web Site.

2.Pacific Brands
2.1 Pacific Brands means Pacific Brands Holdings Pty Ltd (ABN 56 098 704 646) and its wholly owned subsidiaries including Pacific Brands Footwear Pty Ltd (ABN 34 098 742 628), Pacific Brands Sport & Leisure Pty Ltd (ABN 53 098 742 708), Pacific Brands Clothing Pty Ltd (ABN 40 098 742 655), Pacific Brands Household Products Pty Ltd (ABN 23 098 742 584), and Bonds Industries Limited (ABN 21 000 022 426) and such further companies as may be owned by Pacific Brands Holdings Pty Ltd from time to time whether trading under their own names or trading under any trading or business name. PACIFIC BRANDS, shall only supply goods to you on the following terms and conditions unless we agree, in writing, to vary these terms and conditions.

3. Payment
3.1 All invoices are due and payable in full on the last banking day of the month following the date of invoice.
3.2 Should you fail to pay your invoices by the due date then:
(a) we may charge interest on any overdue invoice at the penalty rate fixed under the Penalty Interests Rates Act 1983 (Victoria), calculated and payable daily, compounded from the due date until the invoice is paid in full;
(b) you shall pay all our costs and expenses (including legal costs determined as between solicitor/own client and mercantile agents fees) which may be incurred in the recovery or attempted recovery of the overdue amounts from you.

4. Settlement Discount
4.1 You may take advantage of a discount for early settlement of accounts at the rates noted on the face of each invoice provided:
  (a) payment in full takes place within the time specified; and
  (b) you do not have any other invoices outstanding beyond their due date at the time of payment.

5. Prices and Delivery
5.1 Our prices are subject to change without notice. 5.2 GST at the prevailing rate at the date of invoice will be included in the amount due and payable on the invoice. We state on the face of the invoice whether or not the prices shown on the invoice are inclusive or exclusive of such tax.
5.3 Whilst we shall use all reasonable endeavours to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of your order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications.

6. Reservation of Title
6.1 You acknowledge that the ownership of goods delivered by us to you ("the goods") is only transferred to you when you have paid all sums owing to us on any account whatsoever and until such time we have the right to call for or recover the goods at our option (for which purpose our employees or agents may enter your premises) and you are obliged to deliver up the goods if so directed by us.
6.2 You agree to keep the goods in a fiduciary capacity for us until such time as ownership is transferred to you.
6.3 Notwithstanding the foregoing, you may sell the goods to a third party in the ordinary course of business.

7. Risk
5.1 Notwithstanding the provisions of Clause 4 you accept all risk of loss and damage to the goods, whether caused by you or not, following delivery of the goods.

6. Return of Goods
7.1 We will not accept returns for credit without prior authorisation.
7.2 Any goods which you return for credit will only be accepted if they are in the original packaging, in pristine order and condition and accompanied by documentation showing:
  • your name, address and account number
  • our invoice number
  • reason for return
  • our authorisation number
7.3 If we authorise the return of goods, the goods must be carried by our nominated carrier at normal rates.

8. Withholding supply
8.1 We reserve the right, irrespective of whether or not an order has been accepted and without notice to you, to withhold supply to you and we will not be liable for loss or damage resulting directly or indirectly from such action where:
  (a) we have insufficient goods to fulfil the order;
  (b) the goods ordered have been discontinued; or
  (c) we have determined, in our absolute discretion, that credit should no longer be extended to you.

9. Minimum Orders
9.1 We reserve the right to specify the minimum order value which we shall accept from time to time and to impose a surcharge or delivery charge should you require delivery of goods having a value less than the minimum order value.

10. Modifications to Labels
10.1 You may not, without our written consent, alter, remove or obliterate any labels which we attach to the goods.

11. Limitation of Liability
11.1 We exclude all statutory or implied conditions and warranties to the extent permitted by law.
11.2 To the extent permitted by law, we limit our liability under any condition or warranty which cannot legally be excluded to:
  (a) the replacement of the goods or the supply of equivalent goods; 
  (b) the repair of the goods;
  (c) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
  (d) the payment of the costs of having the goods repaired.

12. Governing Law
12.1 The laws of the State of Victoria govern our trading.
12.2 You agree with us to submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia and agree that any legal proceedings may be heard in those Courts.

13. Claims
13.1 Any claims by you for short delivery must be made within 7 days of the delivery.
13.2 Any other claims for adjustment to any invoice for any reason whatsoever must be made in writing within 60 days of delivery.

14. Clerical Errors
14.1 We reserve the right to correct clerical errors without notification.

 


 

Dunlop Flooring means the business name of a member of the Pacific Brands Group of Companies (ABN 40 098 742 655). A reference to Dunlop Flooring is a reference to the employees, agents, contractors or related bodies corporate of Pacific Brands Holdings Pty Ltd or any of its associated entities or any other person contributing to the Web Site.

 

Third Party Web Sites means web sites of people or entities other than Dunlop Flooring which are hyperlinked from the Web Site.

 

Web Site means the whole or any part of the web pages located at www.dunlopflooring.com.au, including but not limited to the layout and design, source code, text, sounds, graphics, animated elements or any other content of the Web Site.

 

You and Your means the party accessing or using the Web Site.