Terms & Conditions

 

This website is owned and operated by Proudex Australia Pty Ltd (ABN 31 057 121 909). In this Privacy Policy, 'us', 'we' and 'our' means Proudex Australia Pty Ltd. By accessing and/or using this website and related services, you agree to these Terms and Conditions, which includes our Privacy Policy.

 
This Web Site (the "Site") is an online information service provided by Proudex Australia Pty Ltd (the "Company"), and is subject to your compliance with these terms and conditions set forth below. 
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.

 
Terms of Service

This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by the Company through the Site. The right to use products or services by the Company is personal to you and is not transferable to any other person or company.
 
The Company reserves the right to change the terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
 
1. Use of Material, Copyright
The Company authorises you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
 
As a user, you agree to use the services offered by the Company in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The company prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
 
The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by Australian and foreign copyright and trademark laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
 
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

 
2. Commercial Use of Material, Fees

The Company authorizes the use of textual and graphical material on this Site for your commercial use under special circumstances and to use such material in any publication for the fee of $500 AUD + GST per copy for printed material or $500 AUD + GST per page per day for online reproductions. 

By using any graphical or textual material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offered by this company.
 

3. The Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
 
The Company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
 
The Site and Material are provided on an 'as is' basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
 

4. Disclaimer of Consequential Damages 
In no event shall the Company, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
 

5. User Submissions 
Any communication which you post to the Site or transmit to the Company or to the Site by e-mail or other medium can be used by the Company on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licenses.

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
 
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
 
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of the Site for performance or non-performance of such activities. The Company reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

 

Terms of Purchase

1. General
The following constitute an agreement between you and Proudex Australia Pty Ltd (ABN 31 057 121 909) (“the Company”, “we” or “us”), the operator of the Proudex Australia website www.proudex.com.au, (“the Site”), in relation to the purchase of goods via the Site. These Terms of Purchase are in addition to the Terms of Service and Privacy Policy (“the Additional Terms”), which will equally apply to your use of the Site, and should be read in conjunction with these Terms of Purchase. If there is any inconsistency between these Terms of Purchase, and the Additional Terms, in relation to your purchase of any goods via this Site, then these Terms of Purchase prevail.  
 
By purchasing goods via this Site, you signify that you agree to these Terms of Purchase, the Additional Terms, and you consent to resolve in the State of New South Wales, Australia any dispute that you may have with us, the Site, or any purchase or attempted purchase of goods or services by you via the Site.
 

2. Changes to these Terms of Purchase
We may change these Terms of Purchase at any time, as we deem appropriate. If we make changes, we will let you know by noting on the Site that the Terms of Purchase have been updated. If you disagree with the changes to these Terms of Purchase, discontinue your use of the Site to purchase goods via the Site. Your ongoing purchase of goods or services via the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Purchase regularly, including before each purchase made via the Site.
 

3. Ordering goods
The range of goods offered over the internet directly from the Company is sourced from the Company’s Australian range of products (products sold in stores in other countries may differ from this range). Any order placed by you in the manner described on this Site is an offer by you to purchase a particular product at the advertised price (including delivery costs and other charges) specified on this Site at the time you place your order.  
 
Orders are only accepted online and while stock lasts. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered and we send you written confirmation via email of the cancellation prior to the goods being dispatched to you. 
 
The Company may change the prices published on this Site at any time. Prices of products placed in the 'shopping cart' but not paid for are also subject to change and you agree to pay the price current at the time of payment.  
 
While every effort has been made to ensure the accuracy of prices and information displayed on the Site and related website pages, the Company reserves the right to accept or reject your payment offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on the Site, or an error in your order, or we reasonably believe you have not complied with these Terms of Purchase or the Additional Terms, or we have previously refused to accept any order(s) from you.  
 
We may require additional verification or information before accepting any order. Verification required will be determined by us. 
 
In Australia and in all other countries, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.  
 
We are not responsible for typographical or photographic errors on this website, including any such errors in relation to prices.
 

4. About our prices
Product availability may vary between Australian retail stores and the Company’s website due to different retailer offers. For deliveries within Australia, all prices are inclusive of the Australian Government's Goods and Services Tax (GST), currently set at 10% of the price of all products, but subject to change. For deliveries to destinations outside of Australia, GST is removed. Prices displayed on this website are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Products are sold for personal use only.
 

5. Company account payments
Payments to the Company can be made by Visa, Mastercard and PayPal only. Unless otherwise specified, the price payable for goods ordered is the price specified on this Site, plus any applicable shipping and handling charges. Prices are inclusive of GST for Australian deliveries and exclusive of GST for all products shipped outside Australia.
 

6. Delivery
Each purchase will be shipped as a separate order and cannot be combined. Whenever possible in Australia, Sydney, Melbourne and Brisbane orders will usually be delivered within 3 days of ordering. Adelaide and Hobart 4 days, Perth and all regional areas within 5 days. We cannot guarantee delivery times, including due to reasons beyond the Company’s control. All deliveries are made Monday - Friday via Australia Post. There are no weekend deliveries.  
 
Shipping costs within Australia - For all Australian purchases, a standard delivery fee of AU$10.00 currently applies. 
 
For international orders deliveries are sorted and shipped via air freight to the handling centre within your country and then delivered by your country's postal service. You agree that the Company is not responsible for, and has no control over, the local postal service in your country. You agree that we cannot be held liable for any shipping issues, delays or errors originating from within your country. 
 
Shipping costs overseas - For all international purchases, a flat delivery fee of AU$20.00 currently applies. Delivery fees are subject to change without notice. 
 
When ordering from the Company, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of Australia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; the Company has no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country and region to region; you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original shipment delivery estimates. 
 
The Company reserves the right not to deliver goods to certain countries. Please check the FAQS for further details. The Company is also not responsible for assuring the product can be lawfully imported to the destination country. When ordering from the Company, for delivery outside Australia, you or the recipient of record must comply with all laws and regulations of the destination country. Accordingly, you should check any import laws or regulations that would restrict the importation of the goods prior to purchase.
 

7. Returns policy
We do not accept returns for simply changing your mind after purchase, unless we otherwise specify, such as where you cancel your order before we dispatch the goods, and we send you confirmation of the cancellation via email. Despite the above, nothing in these Terms of Purchase alter any rights you may have under the Australia Consumer Law. Please ensure you retain proof of purchase of purchasing products from our Site and the goods in question if you are looking at returning your goods. To request a return or a refund, please email info@proudex.com.au. 
 
All refund payments will be processed in Australian Dollars and we will not be held liable for any difference in the value of the refund against the initial purchase price in the final currency you used to purchase the products. The Company will not be liable to refund any fees or charges you incurred from your credit/debit card provider for your initial purchase.
 

8. Safe arrival
All products are boxed using protective cushioning for safe arrival. If there is any damage to the package content - please ensure you include your four digit order number which was emailed to you upon processing of your order. We may request that you provide us with a picture of the damaged goods.
 

10. Disclaimer of warranty
The Company is providing this Site and its contents on an 'as is' basis and use of this website is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the website. The Company and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this Site (including in relation to any products or services). To the extent permitted by law, including any non-excusable statutory obligations (including under the Australian Consumer Law), none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this Site.
 

11. Termination
Your ability to purchase goods from this Site may be terminated by us at any time without notice. All restrictions, licenses granted by you and limitations of the Company’s liability will survive termination.

 

Contacting Us

For further information about our Terms and Conditions, practices, to access or correct your personal information, or make a complaint, please contact us using the information below or via the form on our contact us page.
 
E: info@proudex.com.au
T: (02) 8399 1000