Terms And Conditions
- You and your means the user of the Southern Tool + Equipment Co. website
- Our, Us, and We means Southern Tool & Equipment Co Pty Ltd trading as Southern Tool + Equipment Co.
- The policies on this web site apply to this website which is operated by Southern Tool + Equipment Co., under the domain name SouthernTool.com.au and other associated Southern Tool + Equipment Co. websites and online stores
- These policies may also apply to services offered by Southern Tool + Equipment Co. on websites hosted by third parties. If so, express reference to these policies will be made on those websites
- As the Southern Tool + Equipment Co. website develops and as technology evolves, Southern Tool + Equipment Co. will continue striving to provide you with better and more customized services and with a more effective website. Southern Tool + Equipment Co. encourages you to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time
What you must not do
You must not:
- Use SouthernTool.com.au for any activities, or post or transmit to or via Southern Tool + Equipment Co. company information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes
- Use this website in a way, or post to or transmit to or violate company material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Southern Tool + Equipment Co.
- Use this website to send unsolicited commercial or bulk electronic mail messages to anyone
- Make any fraudulent or speculative enquiries, bookings, reservations or requests using this website
- Use another’s Member ID or name without permission
- Provide false information when registering or changing your registration details
- Impersonate another person when using this website
- Post to or transmit to or viacom any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
- Tamper with, hinder the operation of or make unauthorized modifications to the website
- Knowingly transmit any virus or other disabling feature to or via the website; and
- Attempt any of the above acts or permit another person to do any of the above acts
Terms of Sale
- Please choose carefully as refunds are not provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- You and Southern Tool + Equipment Co. may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
i. placing an electronic Order for the products using the website;
ii. you confirming the Order details in accordance with the procedure on the website;
iii. you making payment in full (plus any applicable delivery charges) on the website; and
- the acceptance of that offer by Southern Tool + Equipment Co..
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
- any requirements set out in these terms have been met;
- the electronic instruction containing the offer from you enters and is recorded in our database;
iii. a record is created and stored in our database; and
- Southern Tool + Equipment Co. receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
- You acknowledge that:
the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Southern Tool + Equipment Co. for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
to the extent permitted by law, Southern Tool + Equipment Co. is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
iii. Southern Tool + Equipment Co. may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Southern Tool + Equipment Co. may treat an electronic instruction as authentic 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.
- You will receive an email from Southern Tool + Equipment Co. as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
- If your Order is not accepted by Southern Tool + Equipment Co., Southern Tool + Equipment Co. will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- Southern Tool + Equipment Co. may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
- Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Southern Tool + Equipment Co. cannot supply a particular product, Southern Tool + Equipment Co. will notify you by telephone or email as soon as possible.
- Southern Tool + Equipment Co. will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
Supply & Delivery
Subject to you complying with these Terms and acceptance of your Order by Southern Tool + Equipment Co., Southern Tool + Equipment Co. will sell and supply the products to you as shown on your Order confirmation.
Southern Tool + Equipment Co. aims to dispatch all orders within 1-2 days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity.
During the order process, you will be prompted to select whether you wish to collect your Order from a Southern Tool + Equipment Co. Depot or whether you wish the goods to be delivered and accept the delivery charges accordingly.
Orders for delivery by Freight Company
The terms of this clause apply where you select to have your goods delivered to a specified address.
The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
On acceptance of your Order by Southern Tool + Equipment Co., Southern Tool + Equipment Co. will aim to dispatch to your specified delivery address generally within 1-2 days.
You will be required to be available in person to accept delivery of your Order.
Southern Tool + Equipment Co. will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however Southern Tool + Equipment Co. does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
Southern Tool + Equipment Co. cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.
For more information on delivery visit our delivery page.
Deliveries that require a forklift or loading dock
If you are ordering a large item that requires a forklift or loading dock for delivery and you have these facilities available for the delivery, then please tick the appropriate box at the checkout. In some circumstances this may reduce your delivery charge as we will not need to cater for these requirements. Please note, if you confirm that a forklift or loading dock is available but when the delivery arrives it is not, the delivery will be aborted and you will be charged a re-delivery fee. Your original delivery charges will not be refunded.
Orders for collection at a Southern Tool + Equipment Co. Depot
The terms of this clause apply where you select to collect your Order from a Southern Tool + Equipment Co. Depot.
If you select to collect your goods from a Southern Tool + Equipment Co. Depot, you will receive an email to notify you when the Order is available for collection.
Orders for collection at a Southern Tool + Equipment Co. Depot must be collected within 21 days of you receiving the email that your Order is available for collection. If your Order is not collected within this time, Southern Tool + Equipment Co. has the right to allocate those goods to another customer and reorder the goods for you.
When collecting your items, you are required to supply a copy of your order confirmation email and photographic ID such as a driver’s license to confirm that you are the person that has placed the order. The identification must match the billing name and address details listed on the order. We will only hand goods over if we can be sure that the person collecting is the person who has placed the order. If you are placing an online order on behalf of a company and cannot physically pick-up the order, you will need to supply a driver’s license and written consent authorizing a secondary person to act on your behalf in picking up your order. This can be sent via email to the collection store or through email@example.com. Please Note: Weekend collection will require the addition of the credit/debit card that was used to make the purchase to be presented prior to collection. The card name must match the details on the original tax invoice (confirmation email). If the above procedure is not followed, the store reserves the right to not release your order to you.
Title & Risk In Goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
Paypal and Credit Card Fraud
The website employs EWAY and PayPal secure payment gateway to secure our payment systems.
To the extent permitted by law, Southern Tool + Equipment Co. will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorized manner.
Disclaimer and Indemnity
(1) To the extent permitted by law, Southern Tool + Equipment Co. excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorized access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Southern Tool + Equipment Co. and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Southern Tool + Equipment Co., SouthernTool.com.au, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).