1.1 This Agrowplow website and domain name (agrowplow.com.au), (the “site”) is a shopping website where you can browse, select and order products advertised on the site from Agrowplow Pty Ltd (ABN 56 165 209 610 ) (“Agrowplow”, “us” or “we”)
1.2 Your access to and use of the Site, including your order of Products through the Site , is governed by these terms and conditions (“Terms”)
1.3 Please read these Terms before accessing or using the Site. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Site.
2.2 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site in accordance with these Terms.
3. Placing an Order
3.1 You may order Products by selecting and submitting your order through the Site in accordance with these Terms.
3.2 Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price shown on the Site (including the delivery and other charges and taxes) at the time you place the order. All orders are subject to availability and confirmation of the order price.
3.4 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
3.5 You agree to provide us with current, complete and accurate details when asked to do so by the Site
4. Pricing and Availability
4.1 Where applicable, prices are inclusive of GST. Delivery costs will also be charged; such additional charges are clearly displayed where applicable and included in the 'Total ' where displayed at checkout
4.2 The Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right (at our absolute discretion) to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
5. Acceptance or Rejection of an Order
5.1 When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order.
5.2 Each order placed for Products through the Site that we accept constitute a separate legally binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) provide you with an email confirmation of that order as soon as practicable after you have placed your order and made payment; and
(b) supply the Products in that order to you in accordance with these Terms.
5.3 Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any Products which you have ordered, we will inform you of this as soon as possible and in this instance, we reserve the right to reject your order.
5.4 If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order
6.1 Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure that there are sufficient funds to complete the transaction. Products will not be dispatched until this pre-authorisation check has been completed.
6.2 During the pre-authorisation check it will affect your available funds balance however the funds will not yet have been received by us. Your card will be debited once the order has been accepted and the pre-authorisation check is complete.
7. Back Orders
7.1 If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days from the date of your order being placed to order the relevant Products (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
8. Commercial Sales
8.1 We may in our sole and absolute discretion refuse to accept your order where we believe that you are placing an order for commercial purposes.
9. Risk and Title
9.1 Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
10. Cancelling an Order
10.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the Products in that order are not available;
(b) there is an error in the processing of your order;
(c) there is an error in the price or the Products description posted on the Site for the Products in that order;
(d) we reasonably believe your order has been placed in breach of these Terms; or
(e) you have asked us to cancel your order
10.2 If we cancel any part of an order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order. We will refund the amount paid by you for any order cancelled by us where applicable.
10.3 You may cancel an order (whether it is accepted by us or not) by contacting Customer Service during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you any return of the Products will be in accordance with, our Returns Policy.
11.1 Where we may be required to refund your payment as your order has been rejected, cancelled or for any other reason, we will use our best endeavours to process your refund within a timely manner. Refunds will be made by us via the method of payment you used to make your online purchase. The time it takes for you to actually receive a refund will depend on how quickly your financial institutions processes the refund
11.2 We will not accept a request to return and refund purchased goods where you have simply changed your mind, or have simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping card and confirming your order.
12. Fees and Charges
12.1 We will charge you, and you agree to pay, the purchase price of each Products that is ordered, the Delivery Fee and any other fees and charges set out in these Terms.
12.2 All fees and charges identified in these Terms and all prices for the Products include GST where applicable.
12.3 The purchase price of each Product is shown on the Product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
12.4 Prices for Products change from time to time and we do not provide any notice of these changes. Subject to these Terms, once we have accepted your order, we will not change any prices that apply to the Products in that order.
12.5 If you cancel an order then:
(a) subject to 15.5(b), we will refund any amounts paid by you for that cancelled order;
(b) we will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
13.1 You may pay the fees and charges for an accepted order using the following payment methods
the following credit cards
- American Express
- Any other payment methods as notified by us on the Site from time to time
13.2. If we are unable to successfully process your payment for your order that is accepted by us, then we may notify you of dishonour and cancel your order.
13.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
13.4 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
13.5 We will provide you with a receipt at time of shipment which specifies the total fees and charges for the Products in the order.
14.1 You must check any Products delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us through our Sales Service. If you notice damage to a Product after delivery, you should notify us within 14 days of delivery. If so, you may return the Products to us in accordance with this clause.