Please read these Delivery Terms carefully before ordering products from the Penrite Merchandise Store. By ordering products from the Penrite Merchandise Store website you agree to be bound by these Delivery Terms. If you do not agree with any of these Delivery Terms, do not use the Penrite Merchandise Store website.
Penrite Merchandise Store is owned by PENRITE OIL CO. PTY. LTD (Penrite Oil), Your contracting partner is PENRITE OIL CO. PTY. LTD, 110 - 116 Greens Rd, Dandenong South, VIC, 3175 Australia ABN 25 005 001 525.
WHEN DO THESE DELIVERY TERMS APPLY?
These Delivery Terms apply to all offers and agreements relating to the sale and delivery of products by Penrite Oil. When you order anything at our Penrite Merchandise Store website (www.store.penriteoil.com.au) or any web page directly connected to our website (Website) or accept an offer from Penrite Oil, your agreement to the Delivery Terms in the course of the order process constitutes your acceptance of the applicability of these Delivery Terms. It is only possible to deviate from these Delivery Terms if agreed in writing by Penrite Oil.
OUR OFFER AND PRICES
The offers on our Website are without obligation and do not bind Penrite Oil. Penrite Oil is likewise not bound by manifest clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Penrite Oil is not liable for these variations and deviations.
The stated prices include Australian Goods and Services Tax (GST). Prices are quoted in Australian dollars. Penrite Oil reserves the right to make price and product changes prior to an order placed by you. Penrite Oil reserves the right to change, limit or terminate any special offers or discounts at any time.
Penrite Oil charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on our Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.
HOW IS A CONTRACT CONCLUDED WITH YOU?
You can only order on our Website if you are a consumer, not a reseller. You have to be 14 years of age or older to buy products via our Website.
Orders you place via the Website for the products offered by Penrite Oil through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by Penrite Oil of the order per e-mail to you. Until you have received this confirmation, you can still cancel the order.
You warrant that the information you provide to Penrite Oil in the request or order is accurate and complete. Penrite Oil is never obliged to accept an order. Penrite Oil is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If Penrite Oil does not confirm your order within ten working days, it is deemed to have been refused.
Penrite Oil will deliver to the address indicated by you within Australia (and some overseas locations). Penrite Oil can only deliver to a delivery address which is a home or office address. Most times we cannot deliver to PO boxes or Parcel Lockers. Deliveries will be done on business days, not being a public holiday.
Penrite Oil is entitled, insofar as reasonably possible, to make split deliveries so that you receive the ordered products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Penrite Oil deliver the order in parts, Penrite Oil may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Penrite Oil is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Penrite Oil must first be served with a notice of default.
OPTIONS IN CASE OF DELIVERY PROBLEMS
If Penrite Oil discovers prior to entering into the sales contract that it can no longer deliver the ordered products, Penrite Oil may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement product. You may return it, if you so wish, in accordance with the right of return outlined below.
If Penrite Oil discovers after entering into the sales contract that Penrite Oil can no longer deliver the ordered products and is not responsible for this situation, Penrite Oil will be entitled to terminate the sales contract. Penrite Oil will, of course, inform you immediately and reimburse any payments made.
METHODS OF PAYMENT
INFORMATION ON RETURNS
Right of return: Subject to the provisions of these Delivery Terms, you may return the products received without specifying any reasons within 14 days of receipt. The 14-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at the purchaser’s expense and risk. The right to return product only applies if the products are unused and complete including their original packaging insofar as reasonably possible. The right of return does not apply to opened products.
In the event of a valid return in accordance with these Delivery Terms, Penrite Oil will reimburse the purchase price received from you within 14 days of receipt of the product or revocation of the sales contract.
If a product is returned that Penrite Oil believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Penrite Oil will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you. You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.
The above right of return applies in addition to, and does not affect, your statutory or contractual rights, including the consumer guarantees which are imposed by the Australian Competition and Consumer Act.
WARRANTIES AND LIABILITY
To the extent permitted by law, Penrite Oil excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these Delivery Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.
Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, Penrite Oil’s liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, Penrite Oil and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these Delivery Terms, the Website or any orders you place via the Website.
The limitations and exclusions set out in this section do not apply to any liability of Penrite Oil for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).
WHAT CAN YOU DO IF YOU ARE NOT SATISFIED?
You may send written complaints concerning the conclusion of the sales contract or its performance to the following address:
110 - 116 Greens Rd,
VIC, 3175 Australia
RETENTION OF TITLE
The delivered products will remain the property of Penrite Oil until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.
These Delivery Terms are governed by the laws of Victoria, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.
MAINTENANCE OF PRODUCTS
Penrite Oil draws your attention to instructions printed on the labels of the products. Penrite Oil is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.