Terms & Conditions

Sydney Tools Website Terms and Conditions

1. Website Content

· Sydney Tools Pty Ltd may, at any time, add or remove content from this website without notice

· Any information or content published on this website must be read subject to these Terms of Use.

· Nothing in these terms excludes, restricts or modifies your rights or remedies under the Australian Consumer Law or any other rights that cannot lawfully be excluded. This applies to all exclusions and limitations in these terms.

· Although Sydney Tools Pty Ltd uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Sydney Tools Pty Ltd cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Sydney Tools Pty Ltd or by manufacturers or suppliers changing product specifications without notice to Sydney Tools Pty Ltd Online. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.

· The information, materials and services in this website are provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us.

· Sydney Tools Pty Ltd nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You nor any other person may hold Sydney Tools Pty Ltd liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.

· Sydney Tools Pty Ltd Online may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Sydney Tools Pty Ltd does not accept any responsibility in connection with your participation in activities conducted by any other party.

2. Your Use of the Website

· You agree to use this website only for purposes that are permitted by these Terms of Use, any applicable law or regulation and/or generally accepted practices or guidelines.

· You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.

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

· Sydney Tools Pty Ltd may restrict your access to this website acting reasonably. If Sydney Tools Pty Ltd does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. To the extent permitted by law, and subject to your rights under the Australian Consumer Law, Sydney Tools Pty Ltd will not be liable to you or any third party for doing so.

· As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.

· Sydney Tools Pty Ltd may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms of use, Sydney Tools Pty Ltd may withdraw this website, or change or remove website functionality at any time without notice to you.

3. Intellectual Property Rights

· You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Sydney Tools, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms of Use gives you a right to use any of them.

· Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Sydney Tools Pty Ltd makes no representations or assurances that your use of the information on this website will not infringe such intellectual property rights.

· You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Sydney Tools Pty Ltd or, in the case of third party material, from the owner of the copyright in that material.

· You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

· If you submit public reviews, testimonials, or feedback to Sydney Tools, you grant us a non-exclusive, royalty-free, perpetual license to use, copy, display, and publish that feedback for marketing and product development purposes.

4. Secure Data and Transmissions

· Given the nature of the internet, Sydney Tools Pty Ltd cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Sydney Tools Pty Ltd does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Sydney Tools Pty Ltd and its third parties take precautions to protect information, Sydney Tools Pty Ltd does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Sydney Tools Pty Ltd or its third party receives your transmission, Sydney Tools Pty Ltd and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.

· You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Sydney Tools Pty Ltd nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.

5. Cookies

· Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

6. Use of Your Information and Material

· Sydney Tools Pty Ltd appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of Sydney Tools Pty Ltd. Sydney Tools Pty Ltd may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.

7. Privacy Policy

· We at Sydney Tools value the relationship we have with our customers and we are committed to responsible information handling practices. Your privacy on the Internet is important to us. Because we gather certain types of information to process orders, we want you to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. The personal information we collect may include your name, contact details (including postal, delivery and email addresses and phone number), date of birth (where relevant to age-restricted products), purchase and delivery history, communications with us, and payment information (which is processed by our payment providers and not stored by Sydney Tools). We take all reasonable and appropriate technical and organisational measures to secure personal information collected via our website. Online transmissions of personal information are protected using industry-standard security protocols. We disclose personal information only to: our logistics and delivery partners; our payment and fraud-prevention providers; our marketing, analytics and IT/cloud service providers; our professional advisers; and enforcement or regulatory bodies where required or authorised by law. As Sydney Tools operates retail stores in New Zealand, personal information relating to your dealings with those stores may be held or accessed in New Zealand. In addition, some of our third-party cloud storage and technology service providers operate servers located outside Australia; as at the date of this policy, it is not practicable for us to identify the specific countries in which those providers’ servers are located, as this can change from time to time depending on the provider’s own infrastructure. We will update this policy to name those countries if and when it becomes practicable to do so. Where personal information is transferred overseas, we take reasonable steps to ensure the recipient handles that information in a way consistent with the Australian Privacy Principles. We maintain Notifiable Data Breach procedures to notify you and the Office of the Australian Information Commissioner (OAIC) if an eligible data breach occurs. We are committed to the 13 Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth). To lodge a privacy complaint or wish to request access to or correct your personal information please contact info@sydneytools.com.au. If you are unsatisfied with our response within 30 days, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au. We use the information you provide in order to:

· fulfill requests for products, services or information,

· provide customer services,

· administer drawings or promotions,

· offer new products and services,

· measure and improve the effectiveness of our Web sites, our marketing efforts, or our services and offers,

· tailor our online or in-store offerings to your preferences,

· administer surveys,

· send marketing communications or

· other purposes permitted by applicable privacy law.

· We request that children under 17 do not submit or post any information to the site without parent or guardian’s consent. We will not request or knowingly collect from a child any information online that can be traced to the child, such as an e-mail address, name, or information about the child’s family. Unless a parent or guardian consents to such use in advance, we will not knowingly use information that a child provides to us for any marketing, selling or promotional purposes. Also, please note that you may receive business-related communications such as order confirmations, product recall information or other administrative communications. Marketing messages, including newsletters, will only be sent with consent or as otherwise permitted by law. Our marketing messages include an unsubscribe facility, and unsubscribe requests will be actioned within five working days. If you have any further questions please contact us through the contact form.

8. Disclaimer

· Subject to the Australian Consumer Law and any other rights or remedies that cannot lawfully be excluded, Sydney Tools Pty Ltd makes no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance. Our goods come with guarantees under the Australian Consumer Law that cannot be excluded, and nothing in these terms excludes, restricts or modifies those guarantees.

· Except where provided by the Australian Consumer Law or otherwise at law Sydney Tools Pty Ltd do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, Sydney Tools Pty Ltd disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.

· The use of the information on this website is at your own risk. To the extent permitted by law, Sydney Tools Pty Ltd exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims.

· You agree to indemnify Sydney Tools Pty Ltd and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement. This indemnity applies only to the extent that the relevant loss is caused by your breach of these terms, negligence or unlawful conduct. It does not cover loss to the extent caused or contributed to by the negligence, breach of contract or unlawful conduct of an indemnified person, and only reasonably incurred costs and expenses may be recovered.

9. Governing Law and Jurisdiction

· These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms of Use, which will continue in full force and effect. If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Sydney Tools Pty Ltd makes no representations that the content of this website complies with the laws of any country outside Australia.

10. General

· These Terms of Use may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive. Reference to “website” includes the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

11. Restricted Goods

· Restricted Goods means goods subject to restrictions of sale including products such as, but not limited to knives, scissors, axes and spray cans.

· If any product ordered by you contains Restricted Goods, you warrant that you are of legal age and capacity as required by law, to purchase these goods in the State or Territory in which you are purchasing and / or reside.

· It is your obligation to know the legal requirements that apply specifically to your Local, State or Territory when purchasing, carrying and or possessing Restricted Goods.

· To the extent permitted by law, Sydney Tools shall not be held liable for any infringement of any law with respect to you purchasing, carrying and or possessing Restricted Goods.

· Sydney Tools complies with applicable State and Territory laws restricting the sale of certain items (such as knives, axes, and spray cans). We require age verification at checkout or delivery before restricted items can be supplied. To the extent permitted by law (including the Australian Consumer Law), Sydney Tools is not liable for any injury, loss, or damage arising from your unauthorised carry, possession, or misuse of Restricted Goods.

Sydney Tools Terms and Conditions of Sale

1. About Sydney Tools Pty Ltd Online

· Your purchase of goods from sydneytools.com.au (“websites”) is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

· The goods and services described in this website are available from Sydney Tools Pty Ltd Online only, and will be available for you to make an offer to Sydney Tools Pty Ltd Online via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Sydney Tools Pty Ltd Online accepts your offer, Sydney Tools Pty Ltd Online will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.

· You and Sydney Tools Pty Ltd Online may enter into a sale contract for the sale and supply of products, by you making an offer to Sydney Tools Pty Ltd Online via the website, to purchase goods at the specified price, subject to these Terms.

· The Sydney Tools Pty Ltd logo and words are the intellectual property of Sydney Tools Pty Ltd.

· In these terms: – “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website. – a reference to the “websites” means sydneytools.com.au or any associated websites owned by Sydney Tools. – “Order” means an offer made by you in response to an invitation to treat made by Sydney Tools Pty Ltd Online via the website.

· Nothing in these terms excludes, restricts or modifies your rights or remedies under the Australian Consumer Law or any other rights or remedies that cannot lawfully be excluded, restricted or modified. This applies to every provision of these terms.

2. User Agreement

· By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

· These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party. Changes to these terms, prices or website access do not alter an Order already accepted by us or your accrued legal rights without your agreement.

3. Guests and Registered Users

· You may access and/or use the website as a guest or as a member.

· To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through the website.

· We only permit one registration per email address.

· You must not use another members’ account without permission.

· You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account.

· We reserve the right to terminate a member’s account without notice if you have breached or we suspect you have breached these terms.

4. Legal Capacity

· Any Order and/or purchase made by you using this website is an acknowledgement by you that you: i. accept these terms; ii. agree that you have entered into a legal contract with Sydney Tools Pty Ltd Online in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and Sydney Tools Pty Ltd Online for the supply of products.

5. Orders

· Your statutory rights under the Australian Consumer Law are fully protected but 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 Sydney Tools Pty Ltd Online 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:

· placing an electronic Order for the products using the website;

· you confirming the Order details in accordance with the procedure on the website;

· you making payment in full (plus any applicable delivery charges) on the website; and

· the acceptance of that offer by Sydney Tools Pty Ltd Online.

· 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;

· a record is created and stored in our database; and

· Sydney Tools Pty Ltd Online 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 Sydney Tools Pty Ltd Online 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 providers or systems;

· to the extent permitted by law, Sydney Tools Pty Ltd Online 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;

· Sydney Tools Pty Ltd Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

· Sydney Tools Pty Ltd Online 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 Sydney Tools Pty Ltd Online 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 Sydney Tools Pty Ltd Online, Sydney Tools Pty Ltd Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

· Sydney Tools Pty Ltd Online 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 Sydney Tools Pty Ltd Online cannot supply a particular product, Sydney Tools Pty Ltd Online will notify you by telephone or email as soon as possible.

· Sydney Tools Pty Ltd Online 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.

· If you have ordered a product that was advertised as “Pre Order” during the initial ordering process, you cannot cancel your order except where provided by Australian Consumer Law. Pre order dates may change without notice due to supplier issues or unforeseen circumstances out of our control. If the pre order date does change from when you placed your order, you may either keep your order or request to cancel. Products advertised with a pre order date of “TBA” (To be announced), you may either keep your order or request to cancel.

6. Bonus Points Promotions:

· Bonus points cannot be taken off the qualifying invoice.

· The minimum spend to qualify for bonus is based on the tiered structure as advertised (excluding shipping costs).

· Inclusions: Bonus Points will apply for all purchases including special order and non-stock items from Makita, Milwaukee, SBD (Dewalt, Sidchrome, Stanley, Lenox) Schumacher, Hikoki, 3M Cigweld, Unimig, Bahco, Metabo, ProChoice, Apex Tools, (Gearwrench, Crescent Lufkin), Karcher, Husqvarna OPE, Husqvarna Construction, Gorilla Ladders, Bailey Ladders, and SP Tools.

· Unless otherwise advertised, bonus points do not apply for non-stock items, items on Sale with concurrent promotional price reductions, clearance items, and the following brands; Aerobolt, Accud, Aeris Guard, Aerofast, Air BPD, Alemlube, Ampfibian, ANKAme, Artline, Atlas Copco, B.T. Engineering, Bar, Barfell, FLEXTOOL, Bossweld, Bostik, Bushman, BUSY BOB, Cabac, Capral, Cel-Fi, Chicago Pneumatic, CJSA, Cladmate, CRL, Cyclone, Darco, Diamond Way, DTA , Dy-Mark , EcoFlow , EDCO, EFO, EHI, eSafety Supplies, Esselte, Eyres, Fasty,Fein, Festool, Loctite, Fluid Film, Footprint, Garden Master, General Pump, Gentech, Gladiator, GME, Graco, Guide, Haron, Hills, Honda, Honeywell, Hyde, Impact Tools, Intech, Intex, Irega, Ironclad, Italplast, JDPower, KC Tools, Kelso, KEMPPI, Kevron, Klingspor, Knaack, Kyoristu, LA-CO, Launch, Ledlenser, LEICA, Leister, Little Giant Ladder Systems, Red Bull, Lutron, Malco, Master, MAX, Medalist, MegaFire, Morris Long Drill, Morrisflex, Morser, MOSA, Mustang Nozzles, Nakaya, NANUK, Nitto Kohki, Norton, Nupla, OZtrail, Paslode Accessories, Pearpoint, Pilot Air, PlumBOSS , Power Planter (AUSSIE GARDENER (POWER PLANTER) , Powerlite, Powers , Pramac , Primex, PUMA Air Compressor GLENCO MANUFACTURING PTY LTD, Puma Safety TRADING DOWNUNDER PTY LTD, Quick Lift ACCESS HOLDINGS INTERNATIONAL PTY LTD, Radiodetection, Rapid,Rapid Tool, Up-Lift, Rhino, Ridgid, Rovin, Sabco, Safeguard,SafeStyle, Salisbury, SaniPlus, Scotts, Shinano, Sigma, Simpson Strong-Tie, Smith Performance, Snappy Tools, Sola,Soroto, SpeedGas, Speedglas,Sqwincher,Sterling,Sundstrom,T&E Tools ,Tegera ,Titebond ,Tormek,ToughBuilt,TQ Pro,Tradesman,Trafalgar,TruaCut,TTi,Ultimate Tools,Velcro,Voltgard, Wacker Neuson, Wagner, Wallboard Tools, Warren & Brown, Welling & Crossley, WestAir Compressors, Westinghouse, Westmix, WG Koala, Whirlaway, Yamaha, Yanmar,Zipwall, Mayo Hardware, Daytona Canopies, Airtec.

· Bonus Points will not apply for price match request.

· During brand-themed events (eg roadshows), bonus points can only be earned and spent on the specific brands stated during the event period.

· The following products are not eligible for any DeWalt (SBD) promotion (bonuses, redemptions etc) or supplier event (Roadshows etc): Generators, Pressure Washers, Protective Workwear (ie Gloves, Boots, Ear Muffs & Plugs, Trousers, Shorts, Safety Glasses) and Exclusive Sydney Tools Vacuums & related Vacuum Accessories.

Bonus Points

· For full terms and conditions, please visit the Sydney Tools Points page here

Free Shipping promotion:

· During “Free Shipping” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.

· Free Shipping is eligible for any purchase over $99. Exclusions apply for the following purchases and will incur a shipping charge:

· Purchases delivered to out of metro or remote areas, including islands.

· Products that exceed 1m in length or over 20kg in weight or 0.25 cubic metre in volume.

· Products that are special order or non-stock.

· Free Shipping promotion period is only valid for a limited time and subject to terminate at our discretion.

7. Price/Promotions

· Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change without notice.

· Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Sydney Tools Pty Ltd Online.

· Images of products shown without any advertised price beside that image are not offered for sale.

· Unless otherwise stated, any accessories shown in any image of products are not included in the price.

· All limited time promotional prices, specials and other offers are set to AEDT (Australian Eastern Daylight Time) and will only be honoured during this time frame.

· We reserve the right to correct any errors published on the website.

· Any sale promotion products and sale prices are valid only during the promotional period and while stocks last. Once these sale promotion items are out of stock (including at specific store locations purchased), they will no longer be available with offer and/or at the sale price.

· Prices are marked and subject to change without prior notice.

8. Sydney Tools Price Match Promise

· For full terms and conditions, please visit the Price Match Promise page here.

9. Payment

· All payments must be made in full prior to delivery.

· Payments must be made via Securepay, EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.

· Sydney Tools Pty Ltd has the right to carry out security checks on all orders, the security check process involves splitting the payment into two amounts. The cardholder is than required to confirm the two amounts they were charged for the order to complete its verification and be released. Sydney Tools will monitor orders daily and verify purchases should they not require the verification process for example but not limited to business addresses.

10. Supply and Delivery

· Subject to you complying with these Terms and acceptance of your Order by Sydney Tools Pty Ltd Online, Sydney Tools Pty Ltd Online will sell and supply the products to you as shown on your Order confirmation.

· Products may not be available for immediate delivery. Sydney Tools Pty Ltd Online handling time is 1-5 working days.

· When you complete your Order you will be prompted to select whether you wish to collect your Order from a Sydney Tools Pty Ltd Store or to have the Order delivered to an address specified by you.

· During “Free Shipping” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.

11. Delivery by Post or Carrier

· 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.

· Sydney Tools Pty Ltd Online will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Sydney Tools Pty Ltd Online cannot promise that these timeframes will always be met, as many factors may affect these timeframes.

· Where Sydney Tools arranges delivery, Sydney Tools remains responsible for goods lost or damaged in transit before delivery to you.

· During “Free Shipping” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.

12. Orders for Collection at a Sydney Tools Pty Ltd Store

· The terms of this clause apply where you select to collect your Order from a Sydney Tools Pty Ltd Store.

· If you select to collect your goods from a Sydney Tools Pty Ltd Store, a representative of the relevant Sydney Tools Pty Ltd Store will contact you by telephone or email to notify you when the Order is available for collection.

· Orders for collection at a Sydney Tools Pty Ltd Store must be collected within 14 days of the relevant Sydney Tools Pty Ltd Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Sydney Tools Pty Ltd Store has the right to allocate those goods to another customer and reorder the goods for you.

· When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).

· Your order will be held at the relevant store for 120 days. If for any reason you cannot collect your order within this period you must contact the store to arrange an extension. Any uncollected goods will be dealt with in accordance with applicable law. This does not authorise forfeiture of your payment.

13. Title and 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.

14. 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, Sydney Tools Pty Ltd 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 unauthorised manner. Nothing in this clause limits any rights you may have against your card issuer, PayPal or under the ePayments Code.

15. Disclaimer and Indemnity

· To the extent permitted by law, and subject to the consumer guarantees under the Australian Consumer Law and any other rights or remedies that cannot lawfully be excluded (including in relation to death or personal injury caused by unsafe goods), Sydney Tools Pty Ltd excludes all liability to you for loss or damage of any kind (however caused or arising) relating to the availability or functionality of this website, including but not limited to loss or damage you might suffer as a result of:

· Errors, mistakes or inaccuracies on the website;

· You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

· Personal injury or property damage of any kind resulting from your access or use of the website;

· Any unauthorised access to or use of the websites secure servers;

· Any interruption or cessation of transmission to or from the website;

· 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

· The quality or fitness for any purpose of any linked sites.

· Except as expressly provided in these terms, and to the fullest extent allowed by the law, Sydney Tools Pty Ltd Online 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.

· You will at all times indemnify, and keep indemnified, Sydney Tools Pty Ltd, 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. This indemnity applies only to the extent that the relevant loss is caused by your breach of these terms, negligence or unlawful conduct. It does not cover loss to the extent caused or contributed to by the negligence, breach of contract or unlawful conduct of an indemnified person, and only reasonably incurred costs and expenses may be recovered.

· This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

16. Order Enquiries

· If you have any query about the progress of your Order please contact order@sydneytools.com.au.

17. Damaged or Faulty Products and Refund Policy

· If any product ordered by you arrives damaged or is not of acceptable quality you may have: – (a) rights under the Refund Policy; – (b) Legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or – (c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product.

· If a product is identified as damaged or not of acceptable quality, our staff will inspect the item to help identify the issue and confirm the remedy available to you under the Australian Consumer Law.

· Where a product is damaged or not of acceptable quality, your remedy under the Australian Consumer Law depends on whether the failure is major or minor. If the failure is major, you are entitled to choose a refund, replacement, or repair as a remedy. If the failure is minor, we may choose to repair the product within a reasonable time instead of offering a replacement or refund. If a repair cannot be carried out within a reasonable time, you may then choose between a replacement or a refund.

· We recommend you carefully preview any orders before proceeding with your order.

· We also recommend you immediately inspect any goods that we deliver to you or that you collect from a Sydney Tools store, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.

· If your order arrives damaged, the quickest way to resolve the issue is to contact us using Live Chat or alternatively email order@sydneytools.com.au

18. Privacy and Personal Information

· Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).

· The privacy of your personal information is important to Sydney Tools Pty Ltd Online.

· Sydney Tools Pty Ltd Online and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact order@sydneytools.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.

· Information may be collected through cookies when you browse this website, as described in our Privacy Policy.

· Online payments are handled by EWAY and Paypal. Sydney Tools Pty Ltd Online does not store your credit card or banking details. Please check the www.eway.com.au and www.paypal.com.au websites for details of their privacy policies and security measures.

· Sydney Tools Pty Ltd and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and otherwise only as permitted by privacy law. Sydney Tools Pty Ltd Online and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Sydney Tools Pty Ltd Online thinks may be of interest to you. If you would prefer not to receive promotional or other material from Sydney Tools Pty Ltd Online or its third parties, please let us know and Sydney Tools Pty Ltd Online will respect your request. You also agree that Sydney Tools Pty Ltd Online may contact you by telephone to arrange delivery or collection of your Order.

19. Delays

· Sydney Tools Pty Ltd Online will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries. This does not exclude rights to cancel or obtain a refund under the Australian Consumer Law.

20 Gift Cards

· The Sydney Tools Gift Card may be used to make purchases at all Sydney Tools stores and online.

· Gift Cards are not redeemable for cash.

· No change will be given for any amount on the card.

· Gift cards cannot be refunded for a change of mind.

· The Gift Cards amount cannot be increased after purchase.

· The expiry date on all gift cards is 3 years from date of supply. Date is set in AEDT (Australian Eastern Daylight Time).

· You may use your Gift Card on a purchase less than the value of the Gift Card. The remaining amount may be used on your next purchase up until the final amount is used.

· Where the cost of the purchase exceeds the Sydney Tools gift card amount, the card holder will be required to make up the difference with an alternate form of payment.

· The Sydney Tools gift card should be treated like cash, therefore the value of this Sydney Tools gift card will not be replaced if the card is lost, stolen or destroyed.

· Gift cards can’t usually be exchanged for cash, unless there is a remaining amount on the card that the business believes can’t be conveniently used.

· Use of this Sydney Tools gift card constitutes acceptance of these terms and conditions.

21 Dangerous Goods

· Shipping Dangerous Goods will incur fees or surcharges. Excluded to sanitisers. Please contact us prior to making an order for further information.

22. Governing Law

· These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

· If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Sydney Tools Pty Ltd Online makes no representations that the content of the website complies with the laws of any country outside Australia.

23. Severability

· If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Sydney Tools Pty Ltd Online.

24. Transfer and Assignment

· If Sydney Tools Pty Ltd Online merges, sells or otherwise change control of its business or this website to a third-party, Sydney Tools Pty Ltd Online reserves the right, subject to applicable privacy law and any legally required notice or consent, to transfer or assign the personal information, content and rights that Sydney Tools Pty Ltd Online has collected from you and any agreements it has made with you. A transfer or assignment must not reduce your rights under an existing agreement without your consent.

25. Waiver

The failure by Sydney Tools Pty Ltd Online to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Sydney Tools Pty Ltd Online.

26. Lay-by Policy

· The lay-by period for any purchase from Sydney Tools is 3 months from the date of the initial deposit.

· An initial deposit of at least 20% of the total purchase price is required.

· The minimum lay-by amount is $250.

· The customer has the right to cancel a lay-by.

· Sydney Tools may cancel a lay-by only if the customer breaches the lay-by agreement, Sydney Tools ceases trading, or the goods are no longer available due to circumstances outside Sydney Tools’ control.

· If a customer cancels the lay-by, and there has not been a breach of the lay-by by Sydney Tools a termination fee strictly limited to reasonable administrative, storage, and restocking costs incurred will apply and be deducted from the refunded amount.

· If Sydney Tools cancels the lay-by, the customer will be given seven days notice and will be entitled to a full refund of payments made.

· If Sydney Tools cancels the lay-by, no termination charge applies.

· Any items placed on lay-by cannot be altered until the lay-by has been paid in full except with the express permission of Sydney Tools management.

· No items can be taken by the customer until the entire lay-by has been paid in full.

· There are no returns or exchanges on lay-by items with the exception of faulty goods or in accordance with your legislated rights.

27. Sydney Tools Refund Policy

Returns Policy

At Sydney Tools, we are committed to providing high-quality products and excellent customer service. Please note the following regarding our returns policy: We do not accept any change of mind returns, exchanges, or refunds on any products purchased from Sydney Tools unless required by law. Customers are encouraged to carefully select and inspect products before completing their purchase. In the event of a faulty or damaged item, please contact our consumer disputes and resolutions team for the remedy required by the Australian Consumer Law, which may include repair, replacement, refund or compensation. Some products may include additional cover provided by their manufacturer under the manufacturer’s own terms. That cover does not replace or limit your rights against Sydney Tools under the Australian Consumer Law.

Exceptions & Legal Rights

This policy does not affect your statutory rights under Australian Consumer Law, including consumer guarantees on faulty or misrepresented goods. If you believe a product is defective or not compliant with your legal rights, please contact us at: order@sydneytools.com.au

Advice and Recommendations

Please tell our team about your intended use and any specific requirements before purchasing, so we can assist with product selection. Where you make a particular purpose known to us and reasonably rely on our skill or judgment, applicable Australian Consumer Law guarantees concerning fitness for that purpose apply. Please follow the product’s operating instructions and safety requirements. Where specialised installation or professional advice is needed, we recommend using an appropriately qualified person. Nothing in this clause excludes or limits your statutory rights.

Contact Us

For questions or assistance regarding your purchase or this policy, please contact our consumer disputes and resolutions team at: order@sydneytools.com.au

Consumer guarantee claims

· If a product supplied to you fails to meet a consumer guarantee under the Australian Consumer Law, you can make a claim directly with Sydney Tools using our Live Chat portal or by visiting one of our stores. You are not required to make your claim to the manufacturer.

· You will be required to produce the original invoice or other reasonable proof of purchase.

· Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Shipping Costs

Where a consumer guarantee failure is confirmed, Sydney Tools will reimburse reasonable postage or transport costs you incurred returning the product. For large, heavy or difficult-to-remove goods, contact us so that we can arrange collection at our expense within a reasonable time.

For further information or any questions regarding the Sydney Tools Refund, Returns or Repairs Policy, please contact us using Live Chat or via email.