These Conditions of Sale govern the sale of products on hercules.com.au by Hercules Complete Lifting Solutions Pty Ltd (ABN 64 633 685 382) and its associated entities (collectively, we, us or our) to you.
Please read these conditions carefully before placing an order for products sold by Hercules Complete Lifting Solutions, by placing an order you agree to be bound by these conditions.
1. OUR CONTRACT
With respect to products sold by Hercules Complete Lifting Solutions, your order is an offer to us for you to buy the product(s) in your order. When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s) to you and send e-mail or post a message on the Message Centre of the website confirming that we’ve dispatched the product to you (the “Dispatch Confirmation”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with Hercules Complete Lifting Solutions Pty Ltd.
You consent to receive sales invoices electronically. Please note that we sell products only in quantities which correspond to the typical needs of an average household and may refuse orders fro quantities that exceed this. This applies both to the number of products ordered within a single order and the placing of several orders for the same product.
2. CANCELLATION AND RETURNS POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.
You may submit your cancellation request using the Your Orders section of the website.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the supply of goods made to your specifications or clearly personalised;
- the supply of goods which may deteriorate or expire rapidly; and
- a service if Hercules Complete Lifting Solutions has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
STATUTORY RIGHTS AND REMEDIES
Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
3. PRICING AND AVAILABILITY
All prices listed are exclusive of GST.
Beyond what we say on the product page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
4. DELIVERY TIMES
Unless otherwise stated on the website, delivery can take between 2-14 weeks. They are not guaranteed delivery times and should not be relied upon as such. If a delay occurs before the products are dispatched, we will notify you via email.
5. PRODUCT INFORMATION
Unless expressly indicated otherwise, Hercules Complete Lifting Solutions is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, and report the concern to us.
Hercules Complete Lifting Solutions accepts no liability for inaccuracies or misstatements about products by manufacturers.
6. CUSTOMS
When ordering products from Hercules Complete Lifting Solutions for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Hercules Complete Lifting Solutions for delivery outside of Australia, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
7. APPLICABLE LAW
The laws of New South Wales govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates’ or any third party’s intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to this Agreement. If you would like to bring a matter to our attention, please contact us.
8. WARRANTY
All new equipment from Hercules is guaranteed against faulty workmanship for all parts and labour for 12 months from date of delivery, excluding wilful damage, collision damage or neglect.
Please contact our Head Office if you require service or parts for your equipment. Hercules will direct you to to a service provider in your area.
Updating this Conditions of Sale
- We may unilaterally review and modify this Conditions of Sale from time to time and without notice. If we do modify this Conditions of Sale, we will post the updated version of it on our website and such updated version will apply to all of your information held by us at that time.
Contacting us
- If you have any questions about these Conditions of Sale, you should contact:
Hercules Complete Lifting Solutions Pty Ltd
Email: info@hercules.com.au
Write to: Unit 1, 87 Reserve Road, Artarmon NSW 2064
This Conditions of Sale was last updated in July 2019.
