Terms and conditions
1.1. In these Terms:
“Us, We, Our” means John & Johnston Group
“You” means customer, purchaser or prospective purchaser.
“Goods” means all goods sold and/or delivered by us to the Customer.
“Terms” means these terms and conditions of sale.
2.1. We will apply these Terms to all contracts for sale of the Goods.
2.2. No amendment, alteration, waiver or cancellation of any of the Terms is binding on Us unless confirmed by Us in writing.
2.3. You acknowledge that no employee or agent of ours has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1. Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1. Payments are to be made to us without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.
4.2. Total balance of payment must be cleared prior to delivery of Goods.
4.3. Products purchased from this website must be paid for at the time of placing the order.
5.1. The Customer is responsible for the provision of accurate delivery information.
5.2. Risk in the products passes to you when you acquire legal ownership of the goods.
5.3. Delivery will be made using either Australia Post Registered Mail or Courier Service at our discretion.
6.1. Legal and beneficial ownership of the Goods will not pass to the customer until such time as the goods have been paid in full in cash or cleared funds, and you have received confirmation that your order has been dispatched.
7.1. Unless the Customer has inspected the Goods and given written notice to us within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
8.1. All goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
8.2 Our obligation is to put you in contact with the manufacturer, confirm you did purchase from us and to assist you to a reasonable extent.
8.3 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 goods fail to be of acceptable quality and the failure does not amount to a major failure.
9. Display and Samples
9.1. Any display product or sample inspected by the customer is solely for the customer’s convenience and does not constitute a sale by sample.
10.1. You may return to us by post any Plexidor® Goods purchased in accordance with this agreement within ninety (90) days from delivery of the product. Application of return of any other goods must be made with fourteen (14) days from the receipt of goods. You will be responsible for the postage and handling costs. If the product is returned within the specified time from delivery and in the condition described in clause 10.2 below, you may either: A. Receive a refund of the purchase price of the Goods, less 12% restocking fee and any postage or handling charges in respect to delivery of the product to you. B. Exchange the product for another of the same value, less postage and handling charges in respect of the replacement product.
10.2. We will only refund or exchange the returned Goods if the Goods are returned unused in original condition packaging and accompanied by a valid receipt.
10.3. Should you decide to return Goods purchased you will need to contact us to obtain a return reference number. This should accompany your product on a separate sheet of paper - not written on the product packaging.
10.4. Refunds or exchanges will not be issued for any Goods not received. For this reason it is strongly suggested to send via insured registered post.
11. Force Majeure
11.1. We will not be liable for any breach of contract due to any matter or thing beyond our control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).
12.1. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
13. Applicable Law
13.1. Your dealings with us is governed by, construed and enforced in accordance with the laws of Victoria, Australia.
14.1. We will collect your contact information (including address). Unless you object this information is used:
To process your order. To profile the type of customer purchasing the Goods and enable us to make relevant the website and our promotional activities.
To enable us to communicate information or updates relevant to the goods purchased.
15. Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we take reasonable measures to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information, which you transmit, is transmitted at your own risk. Nevertheless, once we are in receipt of your transmission, we will take reasonable steps to preserve the security of such information.
16. Ownership of website and content
16.1. We own the website and, unless otherwise indicated, own or is licensed to use all content and other material appearing on the website. No trademark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission from us or the relevant trademark owner.
17.1. The website will contain files and attachments for your convenience. We cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.
18. Third Party Sites
18.1. The site may contain links to third party sites. We are not responsible for the condition or content of those sites as they are not under our control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the sites or the products or services provided on the site.