Terms

Terms and Conditions

    1. DEFINITIONS

      (a)     In these Terms and Conditions the following terms shall have the meanings ascribed to them below:

      1. "Claim” means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise.
        1. "Customer" means the person or legal entity identified in a TMA invoice or sales document who has offered to purchase Goods.
        2. "Delivery Cost" means the costs associated with delivery of the Goods as specified in an Order.
        3. "Goods" means the Carry Master trolley and other products listed in an Order.
        4. "GST” means as defined under A New Tax System (Goods and Services Tax) Act 1999.
        5. "Intellectual Property" means all rights in patent, copyright, business names, trademarks, logos, designs and images or similar right.
        6. "Material" means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
        7. "Order" means an order for one or more Products placed by a Customer in response to an invitation to treat made by TMA through the Site.
        8. "Personal Information” means all the information collected about you by TMA through the Site or by any other means.
        9. "Pre-sale" means Goods that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Site.
        10. "Privacy Policy” means the TMA privacy policy as set out on the Site.
        11. "Products" means any items listed on the Site for sale or otherwise.
        12. "TMA” means Trolley Master Australasia Pty Ltd (ACN 122 416 059).
        13. "Site" means this website and the contents accessible at the URL www.carrymaster.com.au and operated by TMA.
        14. "Standard Warranty” means the standard warranty for Goods as set out on the Site.
        15. "Terms and Conditions" means these terms and conditions, including all the terms of any Order placed by You through the Site.
        16. "You” or “Your” means any person or entities that use or access the Site.

      (b)     Any reference in these Terms and Conditions to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms and Conditions unless otherwise specified.

        2. AGREEMENT

          (a)     These Terms and Conditions apply to You, and govern Your usage of the Site and to Customers and govern the purchase of Goods through the Site or any other means.

          (b)     By browsing the Site, or placing an Order, You agree to by bound by these Terms and Conditions as set out herein.

            3. SITE USE

              (a)     You must ensure that Your access to, or use of the Site is not illegal or prohibited by the laws which apply.

              (b)     You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

              (c)     TMA may impose limits or restrictions on Your use of the Site for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms and Conditions.

              (d)     TMA may change or remove Site functionality at any time without notice to You.

              (e)     The Site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.

              (f)      TMA will not be responsible for the content or privacy practices associated with linked web sites as set out in clause 3(e).

              (g)     You agree that You will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site.

              (h)     You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.

              (i)       TMA does not warrant that the Site will always be accessible, uninterrupted, timely, error free or free from computer viruses or other invasive or damaging code or that the Site will not be affected by any inability to obtain all or parts of necessary materials, equipment facilities, power or telecommunications or by lack of telecommunications equipment or facilities or by failure of information technology or telecommunications equipment or facilities.

                4. INTELLECTUAL PROPERTY

                  (a)     The Intellectual Property in the Material is the property of TMA, or a third party and remains the property of its respective owners.

                  (b)     You may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material without the consent of TMA.

                  (c)     You may view the Site and the Material for personal and non-commercial use only subject to the relevant intellectual property legislation and may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display the Material within another Site or create derivative works from any part of the Site or commercialise any of the Material without the prior written consent of TMA or, in the case of third party Material, from the owner of the third party Material.

                  (d)     You may not modify or copy the layout or appearance of the Site nor any computer software or code contained in the Site, nor may You decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Site.

                    5. LEGAL CAPACITY

                      (a)     TMA will only sell Goods to individuals or organisations who can enter legally binding contracts under applicable law. Without limiting the foregoing, TMA will not sell Goods to children (persons under the age of 18) or a person suffering from a legal disability.

                      (b)     Any Order made by a Customer is an acknowledgement by the Customer that

                      1. they are over the age of eighteen (18) years;
                      2. they accept these Terms and Conditions;
                      3. they have entered into a legal contract with TMA in relation to these Terms and Conditions.

                      (c)     TMA reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of an Order entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.

                        6. PRICING

                          (a)     All prices listed on the Site are in Australian Dollars and include all applicable taxes including GST unless otherwise specified.

                          (b)     All prices displayed on the Site are subject to change without notice.

                          (c)     Prices for Goods in an Order are fixed once a Customer’s Order has been confirmed.

                          (d)     If a Discount Code is entered at the time of the Order, it has the effect of applying a discount to the Order as provided for in the discount offer which may or may not include application of the discount to Delivery Cost.

                          (e)     The Customer agrees to pay Delivery Cost as calculated and listed in the Order confirmation at the time of purchase.

                          (f)      TMA reserves the right to refuse an Order in its absolute discretion without having to specify reasons as to why.

                            7. PRODUCT SPECIFICATIONS

                              (a)     Features and specifications of Products described or depicted on the Site are subject to change without notice.

                              (b)     All weights and dimensions mentioned of the Products as set out on the Site are approximate and cannot be completely relied upon.

                              (c)     TMA does not guarantee that the Product will be identical to the image of the Product displayed on the Site specifically in regards to colour.

                                8. ORDERS

                                  (a)     A Customer may place an Order by filling in the Order form on the Site and clicking the "BUY NOW" button.

                                  (b)     When the Customer places an Order, TMA will issue the Customer with an Order number via email.

                                  (c)     Offers for Products made by TMA via the Site do not constitute an offer to sell but an invitation to treat. In placing an Order the Customer makes an offer to TMA to purchase the Products the Customer has selected based on these Terms and Conditions.

                                  (d)     Orders will be deemed to have been accepted by TMA at the time TMA sends an Order confirmation to Customer’s nominated e-mail address.

                                  (e)     TMA primarily communicate with Customers via e-mail.

                                  (f)      It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence including spam folder.

                                  (g)     Each Order (once confirmed) represents a separate agreement between TMA and the Customer.

                                  (h)     TMA reserves the right to not accept or to cancel Orders that request commercial quantities of Products.

                                  (i)       TMA reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer.

                                  (j)      An alteration to the Products does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.

                                  (k)     TMA accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

                                    9. PAYMENT

                                      (a)     TMA accepts payment via Visa, Mastercard and Paypal.

                                      (b)     Credit card payments are processed using third party providers.

                                      (c)     TMA does not store customer credit card details and is not responsible for the safety of the credit card information.

                                      (d)     Payment for Orders will be processed immediately upon confirmation of a Customer’s Order.

                                      (e)     The Customer acknowledges that TMA may treat an electronic instruction as legitimate and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

                                      (f)      If the Customer’s nominated payment method triggers TMA internal suspect transaction protocols, TMA may contact the Customer to confirm additional details or cancel an Order.

                                        10. DELIVERY

                                          (a)     TMA tries to ensure that all Goods are delivered in a prompt and timely manner but TMA will not be responsible for factors outside of TMA’s control which may result in delays.

                                          (b)     TMA is not responsible for any liability for loss or damage suffered by anyone as a result of any such delays in delivery.

                                          (c)     The date of dispatch of Goods set out in the Order is an estimated date of dispatch as is reasonably estimated by TMA and is subject to change without notice.

                                          (d)     Where scheduled dispatch of a Product is delayed by more than four (4) weeks, Customers will be notified by e-mail at the e-mail address nominated in their Order.

                                          (e)     TMA will not dispatch Goods to addresses outside Australia or PO Box addresses unless prior consent from TMA has been obtained.

                                          (f)      Title and risk in the Goods pass to the Customer on signing for delivery of the Goods.

                                          (g)     Where a Customer gives written authority for Goods to be delivered without a signature the Customer acknowledges that those Goods may not be covered by TMA’s insurance and that the Customer will be responsible for any lost or damaged Goods as a result of the Goods having been left unattended.

                                          (h)     TMA's nominated courier will deliver Goods during normal business hours Monday to Friday.

                                          (i)       TMA is not responsible for the delivery times of Goods.

                                          (j)      Any information provided by TMA to a Customer in relation to delivery will be from a third party, and as such TMA will not guarantee the accuracy of such information.

                                            11. FAULTY OR DAMAGED GOODS    

                                              (a)     TMA will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions and in accordance with its obligations under the Competition and Consumer Act 2010.

                                              (b)     Where a Good is faulty or damaged on delivery a Customer must immediately after delivery notify TMA of that fault or damage.

                                              (c)     Notification by the Customer to TMA must be in writing to support@carrymaster.com.au and include:

                                              1. copy of the Order confirmation;
                                              2. written description of the fault; and
                                              3. photos (electronic) of the fault.

                                              (d)     TMA have the right in regards to the faulty or damaged Goods at its absolute discretion to either:

                                              1. replace the Goods;
                                              2. repair the Goods;
                                              3. refund the full amount paid for the Goods; or
                                              4. refund part of the amount paid for the Goods.

                                              (e)     Where the customer fails to notify TMA as per (b) of the fault or damage TMA reserves the right to limit the remedies available to the Customer as per TMA’s standard warranties.

                                              (f)      TMA reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause.

                                              (g)     TMA may seek reimbursement of any costs incurred by TMA if the Customer was given prior notice of the fault or damage or if the Goods are found:

                                              1. not to be faulty or damaged; or
                                              2. to have been used in an abnormal way.
                                                12. REFUNDS AND RETURNS

                                                  (a)     TMA will accept the return of Goods that have been supplied incorrectly only as provided in these Terms and Conditions.

                                                  (b)     In order to facilitate a return under these Terms and Conditions the Customer must in writing to support@carrymaster.com.au provide:

                                                  1. copy of the Order confirmation;
                                                  2. the reason for the refund or return; and
                                                  3. the remedy which the Customer is requesting.

                                                  (c)     The Customer must comply with directions from TMA to facilitate a return.

                                                  (d)     Returned Goods must be returned to TMA in either their original packaging or with reasonable packaging required for safe transportation along with all accessories.

                                                  (e)     The Customer is responsible to ensure that returned items are returned safely and at the Customer’s expense.

                                                  (f)      TMA takes no responsibility for Goods lost in transit when returned by the Customer.

                                                    13. WARRANTIES

                                                      (a)     Goods sold by TMA are covered by a 30 day Standard Warranty.

                                                      (b)     TMA will endeavour to access spare parts for Products for the length of the Standard Warranty period.

                                                      (c)     TMA does not guarantee the availability of spare parts outside of this period.

                                                      (d)     Where a Product is outside of warranty, TMA reserves the right to refuse to supply spare parts where limited stock is available.

                                                      (e)     As legislation may imply warranties or conditions or impose obligations upon TMA which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent, these Terms and Conditions must be read subject to those statutory provisions.

                                                      (f)      If statutory provisions apply, to the extent to which TMA is able to do so, its liability will be limited, at its option to:

                                                      1. the replacement of the Goods;
                                                      2. resupply of equivalent Goods;
                                                      3. repair of the Goods;
                                                      4. payment of the cost of replacing the Goods; or
                                                      5. refund of the amount paid for the Goods.
                                                        14. INDEMNITY

                                                          (a)     The Customer indemnifies TMA and each member of TMA’s personnel on a full and continuing indemnity basis from and against any Liability or Claim arising directly or indirectly in relation to:

                                                          1. the Customer’s breach of these Terms and Conditions;
                                                          2. the negligence or wilful misconduct of the Customer;
                                                          3. damage to the property of the Customer or any third party during any delivery of Goods;
                                                          4. any spillage, breakage or contamination of Goods during any transport or delivery;
                                                          5. the Customer directly or indirectly causing any delay in the supply of any Goods;
                                                          6. the Customer refusing to accept any delivery of Goods; or
                                                          7. the Customer purporting to cancel an Order.
                                                            15. LIABILITY             

                                                              (a)     TMA’s liability for any Liability or Claim in relation to these Terms and Conditions and supply of Goods will be limited to the amount of the amount paid by the Customer to TMA.

                                                              (b)     TMA will not be liable to the Customer or any other person for any Liability or Claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

                                                                16. PRIVACY

                                                                  (a)     TMA will at all times comply with its obligations under the Privacy Act 1988 and act in accordance with its Privacy Policy as set out on the Site.

                                                                    17. FORCE MAJEURE

                                                                      (a)     TMA will not be liable to the Customer for any failure to perform, or delay in performing, the TMA’s obligations under these Terms and Conditions if the failure or delay is due to any cause beyond TMA’s reasonable control and if any such failure or delay continues for a period of fourteen (14) days TMA may terminate any affected Order.

                                                                        18. MISCELLANEOUS

                                                                          (a)     TMA reserve the right to amend, vary, delete or add to these Terms and Conditions from time to time without notice, and the amended Terms and Conditions shall apply with immediate effect upon posting on the Site.

                                                                          (b)     Any waiver by TMA must be express and in writing.

                                                                          (c)     TMA’s rights under these Terms and Conditions do not exclude any other rights of TMA.

                                                                          (d)     If any provision of these Terms and Conditions are unenforceable, the provision will be severed and the remaining provisions will continue to apply.

                                                                          (e)     TMA may assign any rights or benefits under these Terms and Conditions or any contract to any third party without consent or providing notice.

                                                                          (f)      These Terms and Conditions are governed by the law of the state of Victoria Australia and the parties submit themselves to the jurisdiction of the Victorian courts