Website Terms of Use

 

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• All goods must be paid for in full prior to being despatched
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

SUPPLY TERMS

These Supply Terms, as amended or replaced from time to time, govern the sale and delivery of products to you (the ‘Customer’ and ‘you’) by Sydney Central Locksmiths Pty Ltd t/as Keeler Hardware (ABN 47144623478) (‘Supplier’, ‘we’ and ‘us’) and our related entities.  By placing an Order with us, you are acknowledging and agreeing to these terms and conditions.

1. Orders

1.1   In these Supply Terms ‘products’ refers to the goods (or any part of them) set out in your order for the products (the ‘Order’).

1.2   A proposed Order amounts to an offer by you to purchase the products at the stated prices in accordance with these Supply Terms. Acceptance of Orders is at our sole discretion, and each Order is only binding when we have confirmed our acceptance.  Each Order is a separate contact between us and you on these Supply Terms.

1.3   Unless stated otherwise, our quotations are valid for the period of 30 days from the date of issue.    Quotations are subject to change by us at any time prior to placement of the Order, such as due to fluctuations in stock levels or supplier costs.

1.4   We may update these Supply Terms from time to time without notice to you.  Updated terms will not change the terms which apply to existing Orders, but will apply to Orders placed after the date of update. 

2. Products

2.1   Details of our products are provided on our website and other materials provided by us from time to time. We do our best to ensure information is kept up to date, but occasionally prices or other information or condition relating to our products may be incomplete or out of date. The listed information does not amount to an offer by us.  Prices listed on our website are subject to change from time to time without notice. 

2.2   Any illustrations contained on our website or in our catalogues are intended to give an approximate idea of the products. A product’s true colour, texture, grain or finish may visually vary from that shown on your device, or in our marketing, or its packaging may be slightly different. Some minor variation in colour, texture, grain or finish may also occur between different batches of the same products, or some cases between products in the same batch.  This is particularly the case for live finishes and timber finishes, which by their nature vary between products.      

2.3   Availability of products may fluctuate from time to time depending on many factors, including our stock levels and availability of stock held by our suppliers.  We do not represent that the products are available for ordering in the quantities stated on our website or as required by you at a given time, or that all products of the same description will be from the same batch.  We reserve the right to limit the quantity of products included within an Order.  

2.4   Made to order products and other customised products are made specifically for your Order.  To the fullest extent permitted by law, orders for these products cannot be cancelled, varied or returned (unless faulty).  Unless agreed otherwise, Orders for these products must be paid in full prior to us fulfilling the Order or placing an order with our Supplier (as applicable).  Please note production and processing times for these products can vary due to factors outside of our control, such as production and/or supply chain issues experienced by our suppliers. Any timeframes quoted for these products are estimates only, and delays may occur.

3. Delivery

3.1   At the time of placing your Order you will be provided with the delivery options relating to the products, which will generally be the option of either collecting the products from us or having the products shipped to you at the address stated in the Order.  In some cases, depending on the nature of the products (such as size and weight), only one of these options will be available.  

3.2   Depending on which option applies, ‘delivery’ of your Order is deemed to take place when the products are collected from us, or when they are passed to our shipping partner for shipping to you.  

3.3   We do what we can to deliver the Order within the estimated timeframe, but sometimes delays can occur. Likewise, delays to payment or other actions to be done by you may impact on processing of the Order.  Therefore, any quoted collection or shipping times are estimates only and may vary.  To the fullest extent permitted by law we will not be liable to you for any costs or losses you incur because of delayed delivery timeframes. 

3.4   Collection by you: We will notify you by SMS when your Order is ready. You must collect the products from us within 30 days of this notification.  Proof of purchase and ID is required for collection.

3.5   Shipping  to you: We will arrange to ship the products to the shipping address nominated by you using the nominated shipping method.  If no one is at the address when the delivery arrives, depending on the shipping method the driver may leave the products in a safe place or leave a missed delivery card.  The price of the products excludes the costs and charges associated with shipping the products to you, which you will be required to pay in full prior to delivery.

Please note:

• Estimated shipping times are listed on our website, or we may let you know an estimated shipping timeframe specific to your Order. All estimated shipping times are estimates only.
• Shipping time estimates can differ depending on the products included in your Order. For some products, there may be a lead-time before the products will be dispatched.
• Once dispatched by us, shipping of your products will be provided by a third party, such as Australia Post. These service providers may from time-to-time experience service interruptions or delays particularly during holiday periods. We have no control over third party shipping services and are not responsible for any service interruptions or delays during shipping.

3.6   Following delivery, you should carefully inspect your Order once you receive it to check for any visible damage, discrepancies, incorrect items or missing items.  To help us resolve any problems you experience, you must get in touch with us within 3 days of delivery if these issues arise.  We may request photos of the item/s to help us assess the issue, as well as proof of purchase.

3.7   At our discretion, we may deliver the products by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

4. Title and risk

4.1   Risk in the products passes to you on completion of delivery. Where you have chosen to have the Order shipped to you, this occurs when we pass the products to the third-party shipper.  We are not liable for any damage or other loss incurred during shipping, and recommend you have insurance to cover such risks.  Please get in touch with us in advance of the products being shipped if you wish to add the cost of insurance to your shipping charges.

4.2   Title to the products passes when we receive payment in full for the products.  In cases where full payment has not been received in advance of shipping (such as if you are a credit account holder), you are liable to us for any loss or damage to the products from the time of delivery until payment in full is received by us, unless such loss or damage was caused by us.

4.3   Until title to the products has passed to you, we have the right to reclaim the products from you and resell the products. You acknowledge that this term creates a purchase money security interest in the products, which we are entitled to register (without further notice to you) under the Personal Properties Securities Act 2009 (Cth). 

5. Price and payment

5.1   We accept payment by EFT, bank transfer, and credit card for in-store transactions.  Payment by cheque or cash is not accepted. For online purchases, we accept card payments and may also from time-to-time offer other methods such as Shop Pay, Stripe, After Pay, Zip Pay, Apple Pay etc.  When paying by bank transfer, please note that bank processing times may affect when we receive cleared payment.  If a card payment cannot be processed, please contact your card issuer to resolve the problem, or use an alternative payment method.

5.2   The price of the products shall be the price set out in the Order.   All prices are in Australian dollars unless stated otherwise.  The price of the products is exclusive of GST (which is payable in addition) unless the price is expressed to be inclusive of GST.

5.3   We may require you to pay a deposit at the time of placing your Order. 

5.4    Invoice/s will be issued in relation to your Order. You must pay each of our invoices in full and in cleared funds within 3 days of the date of the invoice, or in accordance with any credit terms agreed by us.  We may not commence preparing an Order and/or ordering products (as applicable) until our invoice/s for the Order is paid in full.  As a result, any delays in payment may impact on estimated collection or shipping timeframes.

6. Returns

6.1   Returns are subject to our Returns Policy as updated from time to time, which is available on our website at https://www.keelerhardware.com.au/policies/refund-policy. 

7. Issues with your Order

7.1   For consumers: Except to the extent required by the Australian Consumer Law or any other applicable law, we are not responsible for any costs incurred by the customer or any third party for the removal, installation, reinstallation, labour, freight, or any other associated expenses relating to the products supplied. Any entitlement to compensation for such costs will be limited to those rights that cannot be lawfully excluded under the Australian Consumer Law. 

7.2   If you believe a product is faulty, please get in touch with us promptly to discuss the problem.  We may request reasonable information from you to investigate the problem, such as photos of the product and proof of purchase. 

7.3   To the fullest extent permitted by law, we are not liable for failures or claims where any of these apply:

a)   improper installation of the products;

b)   failure to follow the manufacturer’s instructions regarding the products;

c)   exposure to non-standard conditions (for example, installing a product intended for indoor use in an outdoor environment);

d)   variation and changes to excluded finishes i.e. live finishes and timber products, which by their nature vary from one product to another, and are subject to change over time;

e)   unreasonable delays in notifying us of the alleged failure, after the date it should have become apparent;

f)   the faulty goods have been destroyed, lost or damaged (unless by us).

7.4   Products may contain warranty documentation on or inside the packaging provided by the manufacturer or importer of the product. Unless clearly expressed otherwise, any such warranty is not given by us.

7.5   Subject to the remainder of this term 7, to the fullest extent permitted by law, all warranties, conditions and other terms implied by statute, custom or common law are excluded.

7.6   Nothing in these Supply Terms limits or excludes any liability which cannot legally be limited.  Subject to that principle and term 7.1 above relating to compensation for consumers, to the extent permitted by law, our total liability to you in relation to each Order shall not exceed the sales value of the Order, and we shall have no liability to you under these Supply Terms (including under any indemnity) in connection with any: loss of profits, loss of sales or business, loss of agreements or contracts, indirect or consequential loss.  This term survives termination of the contract between us along with any other term which by its nature should continue to apply. 

8. Cancelation of Order

8.1   By placing an Order, you are committing to purchase the products from us.  If you wish to cancel or change your Order, we will do our best to accommodate your request, provided your item has not been ordered with our supplier or shipped from our warehouse. Please note that depending on the products contained in your Order, cancelation costs and a 15% restocking fee may apply, such as for stock we are unable to return to our supplier or administration costs incurred.  Made to order products and other customised products cannot be cancelled, varied or returned under any circumstances (unless faulty). 

8.2   We are entitled to cancel or vary an Order if for reasons outside of our control a product is not available, there was a material error in the product details (including price) when the Order was placed, if the Order was in breach of these Supply Terms, or if you fail to pay us any amount due.   If we cancel or vary an Order, we will refund you for amounts already paid in relation to the Order (except for any products already delivered) but will not have any other liability to you (except where liability cannot be excluded). 

9. Privacy

9.1   We collect personal information from you in order to supply you with our products.  For details about the information we collect and how we manage your information, please refer to our Privacy Policy as updated from time to time, available at https://www.keelerhardware.com.au/privacy-policy/. 

10. General

10.1   Neither you nor we are liable for any failure or delay in the performance of our obligations relating to the Supply Terms if such delay or failure results from an event, circumstance, or cause beyond the affected party’s reasonable control (a ‘force majeure event’).  Force majeure events can include without limitation acts of God, floods, bush fires or other natural disasters, epidemics or pandemics (including ongoing impacts of the Covid 19 pandemic) and interruptions to supply chains.  

10.2   All intellectual property in and relating to the products, including images and other content used on our website and in other marketing materials, remains our property or that of our licensees and must not be reproduced without our consent.

10.3   To the fullest extent permitted by law, these Supply Terms apply to each Order to the exclusion of any other terms which you may seek to incorporate, or which are implied by law, trade custom, practice or course of dealing.

10.4   If any provision of these Supply Terms is prohibited or unenforceable it is ineffective to the extent of the prohibition or unenforceability, without affecting the validity of the remaining terms. 

10.5   Our failure or delay to exercise a right under these Supply Terms is not a waiver of that right, nor does it affect the future exercise of that right in relation to other Orders.

10.6    These Supply Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, and the courts of that state shall have exclusive jurisdiction to settle any dispute or claim.