Windmill Supplies Terms And Conditions
About These Terms And Conditions
In these Terms and Conditions "we" and "us" Windmill Supplies of PO Box 267 Bathurst NSW 2795 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales Only
We only sell and ship Products within Australia. We will not make deliveries outside of Australia.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with Windmill Supplies.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should Windmill Supplies suffer any damage or other losses as a result of a transaction entered into by a minor, Windmill Supplies reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Windmill Supplies.
Placing Your Order
You may place an Order by filling in the Order Form on the Windmill Supplies Web Site and clicking the "Submit My Order" button.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Windmill Supplies website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Windmill Supplies will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. Windmill Supplies reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Windmill Supplies currently accepts PayPal, BPAY, Visa, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
Where you pay by BPAY you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation.
If a BPAY payment is not received within 7 days from the date that you receive your Order Confirmation, Windmill Supplies reserves the right to cancel the transaction.
For credit card and PayPal payments we will email a tax invoice to you with your Order Confirmation. Where you pay by BPAY a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase.
Windmill Supplies purchases include GST.
Windmill Supplies always seeks to list Products with the most competitive prices.
Windmill Supplies reserves the right to change prices for Products displayed at Windmill Supplies at any time.
The price of products shown excludes shipping costs.
Shipping costs are shown separately During the checkout process and may be recalculated based on how many and what items you place in your shopping cart.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item.
Delivery Of Your Products
Delivery time takes up to 10 working days from the date your payment is received. Please note that BPAY payments take 1-2 business days to process.
Windmill Supplies makes every effort to deliver your Product according to the estimated delivery times provided by Windmill Supplies at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
Returning a Product
Windmill Supplies does not normally give refunds if you:
Wilndmill Supplies will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
Statutory Conditions and Warranties
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Some Products - Manufacturer Warranty
Some Products sold through Windmill Supplies are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. Windmill Supplies recognises customers purchasing some products, such as a Solar Pump require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Windmill Supplies Products that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Windmill Supplies Products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Statement.
Credit Card Fraud
Whilst Windmill Supplies employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, Windmill Supplies will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Windmill Supplies. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
Windmill Supplies reserves the right to change the Terms and Conditions of sale at any time.
No Windmill Supplies employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
Windmill Supplies shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Windmill Supplies, and Windmill Supplies shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales Australia and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.