Terms & Conditions
These terms and conditions (“Terms and Conditions”) are current for trading with Water For Water at the time of issue; however, these Terms and Conditions may vary from time to time and will be deemed accepted by the Customer upon the Customer’s placement of an order for the Products.
In these Terms and Conditions unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Water For Water arising out of the sale of the Products.
“Customer” means the person to or for whom the Products are to be supplied by Water For Water.
“Products” mean the product(s) sold to the Customer by Water For Water.
“Purchase Price” means the list price for the Products as listed on the Website, or such other price as may be agreed by Water For Water and the Customer prior to delivery of the Products.
“Water For Water” means Water For Water Pty Ltd ACN 134 704 224.
“Website” means the website located at www.waterforwater.com
2. Order for Products
2.1 To facilitate ordering from this Website, a Customer must provide their full name, billing address and delivery address details. If a Customer supplies an email address, an order confirmation will be sent to the address provided.
2.2 An acceptance of the order by Water For Water is deemed to be an acceptance of these Terms and Conditions by the Customer, and these Terms and Conditions will override any terms and conditions contained in the Customer’s order. Water For Water reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Products to the Customer. No order is binding on Water For Water until accepted by it.
2.3 An order which has been accepted in whole or in part by Water For Water cannot be cancelled by the Customer without obtaining the prior written approval of Water For Water, which it may refuse in its absolute discretion.
3.1 To the full extent permitted by law, Water For Water or any related entities or any third party engaged by Water For Water, will not be liable to the Customer for any direct, indirect, incidental, special or consequential damages, expenses, costs, profits, lost savings or earnings, lost or corrupted date, or other liability arising out of, or related to the Products provided by Water For Water or a third party provider engaged by Water For Water.
3.2 Any claims to be made against Water For Water for short delivery of Products must be lodged with Water For Water in writing within 7 days of the delivery date.
3.3 Unless included in these Terms and Conditions, all prior discussions, quotations and warranties, to the extent permitted by law, are excluded.
4.1 The Products will be dispatched to the Customer’s nominated delivery address within three working days after Water For Water has received payment of the Purchase Price from the Customer, unless for whatever reason the item is out of stock. Estimated delivery times are currently three to seven working days for standard rate delivery.
4.2 Water For Water accepts no liability for failure or delay in delivery of Products. The Customer is not relieved of any obligation to accept or pay for Products by reason of any delay in delivery. Products may be delivered by instalments at the discretion of Water For Water.
4.3 Risk in the Products passes on delivery to the Customer. Title in the Products passes to the Customer upon full payment of the Purchase Price.
4.4 All Additional Charges are payable by the Customer in addition to the Purchase Price of the Products.
4.5 Return of Products will not be accepted by Water For Water except by prior agreement in writing with Water For Water.
5. Price and Payment
5.1 The Customer must pay the Purchase Price and the Additional Charges to Water For Water.
5.2 All payments must be received by Water For Water prior to delivery of the Products and Water For Water will not deliver Products until payment has been received.
5.3 Water For Water will accept payment by the credit cards listed on this Website. All prices are in Australian dollars.
6. Goods and Services Tax
Unless otherwise specified, goods and services tax (“GST”) will be included in the Purchase Price, where applicable.
7.1 These Terms and Conditions are to be construed in accordance with the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. The provisions of the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded from these Terms and Conditions.
7.2 These Terms and Conditions contain all of the terms and conditions between the parties and may only be varied by agreement in writing between the parties.
7.3 Any conditions found to be void, unenforceable or illegal may, to that extent are to be severed from these Terms and Conditions.
7.4 No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Water For Water will be considered to imply or constitute a further waiver by Water For Water of the same or any other term, condition, right or remedy.
Terms of Access
1. All intellectual property rights in this Website and its content are owned by Water For Water, its affiliates, or by third parties who have licensed the materials to Water For Water or its affiliates. All trade marks mentioned on this Website belong to their respective owners.
Use of material on this Website
3. You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited. You may not modify or copy the layout of this Website and any computer software and code contained in the Website.
4. Water For Water reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on this Website is personal use only and may not be:
(a) re-sold and/or redistributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without the prior written consent of Water For Water.
Links to other websites
5. This Website may contain links to third party sites which are not under the control of Water For Water. Any links are provided as a convenience to you and the existence of a link to other third party sites does not imply an endorsement by Water For Water of the linked third party site. Water For Water is not responsible for the material contained on those linked third party sites.
6. The Products offered for sale by Water For Water are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts. Any party engaged in illegal activities involving the use of this Website will be subject to criminal and civil sanctions and prosecutions.
7. Whilst Water For Water has used its best endeavours to ensure that the information contained on and accessed through this Website is correct and current at the time of publication, Water For Water does not accept responsibility for any error, omission or defect in this information and this Website is provided by Water For Water on an “as is” basis.
8. To the fullest extent permissible by law:
(a) Water For Water does not make any representation, warranty or endorsement of any kind, express or implied as to the operation of the site or the information, content, materials or products on this Website;
(b) Water For Water does not warrant that the functions of this Website will be uninterrupted or error free, that any defects will be corrected to that the server which stores and transmits content to you is free of viruses or other harmful components; and
(c) Water For Water does not warrant or make any representation regarding your access to, or the results of your access to, this Website (including any related or linked third party sites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
9. Water For Water will not be liable under any circumstances for any loss of profits, consequential loss or any damages of any kind recognised by law, which are the consequence of you using or accessing or any inability to use or access this Website.
Limitation of Liability
10. To the extent permitted by law:
(a) Water For Water excludes all liability arising from or in connection with this Website and your use of this Website; and
(b) if Water For Water’s liability cannot be excluded as noted above, Water For Water’s total liability will be limited to the resupply of the services.
Alteration of Terms of Access
11. Water For Water reserves the right to change these Terms of Access, conditions and notices under which this Website is offered with or without notice to you and without giving any explanation or justification for such change.
12. If any part of these Terms of Access are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
13. These Terms of Access are to be governed by and construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.