Standard Supply Terms




STANDARD SUPPLY TERMS BETWEEN SELLER AND CUSTOMER

1. Introduction

These terms and conditions (Standard Supply Terms) apply between the purchaser of goods and/or services (Customer) and the seller of those goods and/or services (Seller) where those goods and/or services are purchased through the ecommerce website https://thehelpinghub.com/ (Site). By purchasing goods and/or services through Site, you agree to be bound by these Standard Supply Terms. The Site is owned and operated by The Helping Hub Pty Ltd ACN 626 986 034 (THH), however THH is not a party to these Standard Supply Terms, or to the supply of goods and/or services hereunder.

2. Modification of these Standard Supply Terms

THH may amend, modify, substitute, add to or delete any of these Standard Supply Terms at anytime, and such modifications shall be effective immediately upon posting of the modified terms on the Site, however such modifications shall not apply to the purchase of any goods and/or services which have already been paid for at the time the modifications were posted.

3. Purchasing

3.1 The advertised price on the Site is the price the Customer will pay at the checkout in AUD$, plus delivery charges.

3.2 By selecting and making full payment for the selected goods and/or services via the Site, the Customer makes an irrevocable offer to purchase those goods and/or services (Order) from the Seller.

3.3 The Customer is responsible for checking any limitations as to the availability of the goods and/or services prior to placing an Order (for example, limitations regarding geographical availability, size and quantity availability, hours of service availability).

3.4 The Seller and the Customer acknowledge and agree that the Seller has appointed THH to act as the Seller’s agent for:

a. the collection of payment and information from the Customer with respect to the supply of goods and/or services; and

b. liaising with Customers on its behalf in relation to refunds, returns, disputed payments and complaints, but that THH has no other role in the supply of the goods and/or services.

3.5 THH shall have no liability whatsoever whether in contract, tort, in equity, under statute, or on any other basis arising out of the supply of goods and/or services by the Seller.

3.6 The Seller reserves the right to accept or reject an Order. The Seller shall not be deemed to have accepted an Order until the Customer receives confirmation in writing from THH. The Seller may also, in its sole discretion, revoke acceptance of an Order for any reason.

3.7 In the event the seller does not accept an Order or revokes an accepted Order, the Seller’s liability shall be limited to a refund of the amount paid by the Customer when placing the Order.

3.8 In placing an Order, the Customer may be required to provide certain information which is personal information. To the extent the Seller has or receives access to that information, the Seller will treat that information as required by all relevant laws.

3.9 You must pay for the Product online by credit card (at the time of writing we accept Visa, MasterCard and American Express), PayPal or zipPay. Your payment will be processed upon receipt of your order. Available payment methods may change over time and will be described on the website. A transaction fee may apply for the use of certain credit cards, PayPal or zipPay, and where this is the case this will also be described on the website.

4. GST and taxes

Any prices or charges referred to on the Site are inclusive of Goods and Services Tax (GST) unless stated otherwise. The total price payable by the customer for the goods and/or services is subject to GST.

5. Delivery

5.1 Delivery costs are quoted prior to purchase of the goods and/or services, and must be paid at the same time as the Order is placed.

5.2 Delivery date and time estimates should be used as a guide only and are not binding on the Seller.

5.3 If the Seller becomes aware of any problems with the Customer’s Order (including without limitation a problem which may prevent or substantially delay delivery), the Seller will contact the Customer reasonably promptly upon becoming aware of the issue.

5.4 The Seller does not accept any liability for failure to deliver for reasons beyond the Seller’s control, nor does the Seller accept any liability for delays in delivery.

5.5 Delivery availability may be limited. If the goods are being shipped to an address that is not in the same state or country as the Seller, the addressee will be responsible for paying any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (“Other Taxes”) imposed by any applicable government agency in the addressee state or country which is not automatically added to the delivery changes at the point of sale. The Seller is unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the state or country that the goods are to be shipped to if you are unsure whether any Other Taxes will apply.

6. Installation

6.1 In the event installation or assembly is required, the Seller may (but is not obliged to) offer such services. The Customer should contact the Seller prior to placing an Order to confirm.

6.2 Installation or assembly (if available) may be an additional cost to the price of the products and may vary depending on the location, size and other variables of the installation or assembly location.

7. Services

7.1 The Seller may specify any geographical or other limitations which may apply to the availability of services. It is the Customer’s responsibility to check the services are appropriate for their requirements prior to placing an Order.

7.2 Upon notification of an Order, in respect of such parts of the Order as are services, the Seller will:

a. if the Seller has an electronic booking calendar integrated with the Site, confirm the Customer’s Order and booking time as soon as reasonably practicable;

b. if the Seller does not have an electronic booking calendar integrated with the Site, respond to the Customer’s preferred booking time confirming or proposing alternatives as soon as reasonably practicable; and

c. in all cases the Customer and seller agree to respond to communications as soon as reasonably practicable and in good faith until the booking time is confirmed.

7.3 Where the Seller advertises services will be performed by a particular person, it will use best endeavours to ensure that person actually provides the services.

7.4 The Seller will ensure that any person who provides services on behalf of the Seller is competent and has the necessary skills and any required Authorisations to provide the services (where Authorisation means any authorisation, approval, licence, permit, consent, qualification, accreditation, filing, registration, certificate, resolution, direction, declaration or exemption issued or granted by any government agency, including any renewal or variation thereof).

7.5 The Customer will provide a safe environment for the provision of services, and provide the Seller with such reasonable information and directions as the Seller may require to enable it to provide the services.

7.6 Installation or assembly (if available) may be an additional cost to the price of the products and may vary depending on the location, size and other variables of the installation or assembly location. Such information must be disclosed by the Customer at the time of placing an Order.

8. Gift Cards and Vouchers

8.1 Customers may purchase gift cards from THH denominated in Australian dollars for use anywhere on the Site (Gift Cards).

8.2 Customers may purchase vouchers for nominated goods or services offered by the Seller (Vouchers) on behalf of or as gifts for recipients (Voucher Recipients). When a Customer purchases a Voucher:

a. the Voucher Recipient may confirm the Order (including by giving delivery details in the case of goods, and scheduling details in the case of services) at any time within 12 months of the purchase date, and the Seller must honour the Voucher as a confirmed Order at the original purchase price;

b. the Voucher Recipient may confirm the Order (including by giving delivery details in the case of goods, and scheduling details in the case of services) at any time from 12 months of the purchase date, and the Seller may accept or refuse to honour the Voucher as a confirmed Order, including without limitation requiring the Voucher Recipient pay the difference between the Voucher purchase price and the current price of the specified Seller’s Product(s);

c. the Voucher Recipient may at any time elect to use the Voucher as a Gift Card to the value of the Voucher’s purchase price with the Seller or any other seller on the Platform.

8.4 Notwithstanding any other provision of these Standard Supply Terms, any remaining credit on Gift Cards and Vouchers shall expire 3 years from their date of purchase.

9. Returns Policy

9.1 Subject to clause 9.2, the Customer may elect to return goods for any reason, provided that:

a. it gives notice to THH of its election within 14 days of delivery; and

b. the goods have not been damaged, installed, used or are otherwise not in their original condition.

This does not however affect the Customer’s statutory rights in relation to such items if they are faulty or damaged when the Customer receives them.

9.2 Refunds and/or returns are not accepted for any hampers, consumable products, perishable goods or personal or personalised goods.

9.3 Other than as expressly set out in clause 9.1 and at clause 10 below, the Seller has no obligation to accept returns or provide refunds, and any returns shall be at the Seller’s sole discretion.

9.4 In the event the Seller exercises its discretion to accept a return or provide a refund not expressly required pursuant to these Standard Supply Terms, the Seller reserves the right to do so with any conditions or limitations which it deems appropriate (in its sole discretion), including for example charging for delivery or providing a partial refund.

10. Limitation of liability

10.1 To the full extent permitted by law, all products and related information displayed by the Seller on the Site are provided without any warranty as to their accuracy or reliability and neither the Seller nor THH accept any liability which may arise from the Customer’s use or reliance of such information.

10.2 The Seller acknowledge that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other laws imply or impose statutory guarantees, conditions or warranties into contracts for the supply of goods and/or services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). To the maximum extent permissible at law, the Seller excludes all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Standard Supply Terms, or with information, goods and/or services provided under them. Nothing in these Standard Supply Terms is intended to exclude or restrict the application of the Non Excludable Standard Terms beyond the maximum extent permissible at law.

10.3 For the avoidance of doubt and to the maximum extent permissible at law, the application of the Non Excludable Standard Terms is excluded where the Seller’s products are purchased for purpose of resale by the Customer to third parties.

10.4 The Seller is not liable to the Customer or any other person for any loss or claim of any kind in connection with these Standard Supply Terms, or any information and services provided under them, except to the extent caused directly by the Seller’s negligence or wilful misconduct.

10.5 If any Non Excludable Standard Terms apply, then to the extent to which the Seller is entitled to do so, its liability under those Non Excludable Standard Terms will be limited at its option to:

a. In the case of services:

i. the supplying of the services again; or

ii. the payment of the cost (if any) of having the services supplied again.

b. In the case of goods:

i. the replacement of the goods or the supply of equivalent goods; or

ii. the repair of the goods; or

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv. the payment of the cost of having the goods repaired.

10.6 To the extent permitted by law, the Seller will be under no liability to the Customer or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.

10.7 Notwithstanding anything to the contrary contained in these Standard Supply Terms, the Seller’s liability to the Customer for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the Customer for the products.

11. Indemnity

To the extent permitted by law, the Customer and the Seller agree to indemnify THH against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own client basis) suffered or incurred by THH which arise directly or indirectly in relation to the supply of goods and/or services between the Customer and the Seller, including (without limitation) either party’s use of the Site or associated services in violation of these Standard Supply Terms, a breach of these Standard Supply Terms and/or any breach of any representations and/or warranties set forth in these Standard Supply Terms.

12. Intellectual property

Unless otherwise specified by the Seller, nothing in these Standard Supply Terms is to be taken to create any form of assignment or transfer to the Customer of any of intellectual property rights owned or used under licence by the Seller.

13. General

13.1 These Standard Supply Terms are made in and governed by the laws of Victoria, Australia. Any dispute arising in connection with these Standard Supply Terms shall be subject to the non-exclusive jurisdiction of the Courts of Victoria, Australia.

13.2 The failure by either party to exercise or enforce any right or provision in these Standard Supply Terms shall not operate as a waiver of such a right or provision.

13.3 Should any part of these Standard Supply Terms and disclaimers be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.

13.4 Unless otherwise specified, this agreement constitutes the entire agreement with respect to the supply of goods and/or services between the Customer and the Seller.

Effective October 2020