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Terms & Conditions
1. General
In these Terms and Conditions, “we”, “us”, “our” or “ibuildstore” means ibuildstore Pty Ltd (ACN 603 474 200). Access to and use of this Website and the goods and services available through this Website (collectively, “Services”) are subject to the following terms and conditions (“Agreement”). By using the ibuildstore website, you accept all of the Terms and Conditions and our Privacy Policy, as may be updated by us from time to time. By continuing to use the Website, you agree to be bound by the changes. This Agreement is between you and ibuildstore. Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for whatsoever reason this Website is unavailable at any time or for any period. This Website may contain links to other websites which are not operated by ibuildstore. ibuildstore has no control over these websites and accepts no responsibility for them or any loss or damage that may arise from your use of them.
2. Contract
When you place an order for any goods on our Website you are offering to purchase the goods on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price.
(a) Payment terms
In order to contract with ibuildstore, you must be over the age of 18 and own a valid credit or debit card issued by a bank acceptable to us. ibuildstore retains the right to refuse any order made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the costs of the goods. A contract between us for the purchase of the goods will not be formed until your payment has been approved and your credit or debit card has been debited. Goods will not be dispatched until ibuildstore receives cleared funds from you. It is your responsibility to ensure that cleared funds have been provided to ibuildstore.
(b) Pricing and availability
Prices of products and delivery charges displayed on this Website are current at the time of viewing, but are subject to change at any time. GST (Goods and Services Tax) of 10% is exclusive in all our prices. All prices stated are in Australian dollars. ibuildstore endeavours to ensure that all details, descriptions and prices which appear on the Website are accurate however, note that errors may occur. If an error is discovered in the price of any goods which you have ordered, ibuildstore will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will cancel the order. If the order is cancelled and you have already paid for the goods, we will provide you with a full refund. Delivery costs will be charged in addition to the price of the goods. Such additional charges will be clearly displayed where applicable and included in the “Total Cost”. Your credit or debit card issuer may charge currency conversion or other fees in relation to your order. You should check with the issuer for details of such fees.
3. Returns Policy
ibuildstore will give you a 7-day money back guarantee, from the time you receive the goods, if for any reason
you are not completely satisfied with your purchase provided that:
(a) The goods have not been worn, used, damaged, broken, dropped or if any attempt has been made to alter the
product;
(b) That you pay for the cost of postage, handling and insurance to return the goods back to ibuildstore; and
(c) The product is returned in its original condition and
(d) The good is not a “custom” or “bespoke” good (“custom” or “bespoke” goods are goods that have been purchased
from us with your requested variation as to the physical shape, form, composition, colour, material and/or makeup
of the good, a composite of goods and/or you have requested us to modify the good)
The Returns Policy is subject to the discretion of ibuildstore always.
We invite you to email us at sales@ibuildstore.com.au within that time if you are not satisfied with your purchase
so that we can resolve any problems.
It is recommended that the product be returned by Registered post and that you pre-pay all postage. You assume
any risk of lost, theft or damaged goods during transit and thus, we advise that you take our insurance with your
postal carrier. Any goods returned are your responsibility until they reach ibuildstore and ibuildstore will not be
responsible for lost or damaged goods in transit if you choose not to insure. ibuildstore is not responsible for any
goods that are returned to them in error.
Nothing in this clause excludes any Australian Consumer Law that may be applicable.
4. Delivery Policy
(a) We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery
timeframes will be met.
(b) We deliver anywhere within Australia.
(c) We disclose that we use a third party to deliver / freight the goods.
(d) ibuildstore shall not be liable for any failure or delay in supply or delivery of the products where such failure or
delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of
ibuildstore including, but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions
or intervention transport delays, fire, act of God, breakdown of plant, short of supplies or labour, storm or tempest,
theft, vandalism, riots, civil commotions or accidents of any kind.
(e) If You are unable to pick up the goods or take delivery of the goods on the date specified to you by Us or
the delivery party, You agree that We may charge You additional fees and charges including a delivery fee,
administration fee and a re-stocking fee of $25 per day until You receive or collect the goods.
5. Materials
(a) You shall accept any characteristic of materials and finishes (including but not limited to, timber) so long as that
characteristic falls within the parameters set by the Standards Associate of Australia.
(b) You accept that timber is a natural product and therefore may vary in colour, finish, markings, shade, surface,
texture, veining and may contain natural fissures, knots and indentations. Although ibuildstore will make all
reasonable endeavours to match details and descriptions on the Website, ibuildstore will not be liable whatsoever
where such differences occur as a result of timber being a natural product. You accept that timber is a material
subject to expansion, contraction and delamination. ibuildstore will accept no responsibility or liability whatsoever
for gaps that may appear in the material as a result of factors beyond ibuildstore’s control.
6. Disclaimer of Liability
(a) All express or implied representations, guarantees, warranties or other terms and conditions in relation to these
Terms and Conditions or the goods are excluded from these Terms and Conditions to the maximum extent
permitted by law.
(b) Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee or
warranty, implied or imposed by any legislation which cannot be excluded or limited.
(c) ibuildstore discloses that they do not provide services or instructions on how to install the goods and thus, only
supplies the goods. You warrant that you will engage a reputable tradesperson who is licensed to install the
goods in line with the relevant building guidelines.
(d) Subject to other clauses in these Terms and Conditions and implied provisions, ibuildstore shall not be liable
whatsoever to you for any indirect, consequential loss and/or expense (including loss of profit) suffered by you
arising out of a breach by ibuildstore of these Terms and Conditions. In the alternative, ibuildstore’s liability shall
be limited to damages not exceeding the contract sum of the order.
7. Indemnity
You agree to indemnify ibuildstore, its directors, officers, employees, consultants, agents and assigns, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.
8. Invalidity
If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.
9. Complaints?
If you have any complaints or comments, please email us at sales@ibuildstore.com.au and we will endeavour to resolve disputes when they first arise.
10. Waiver
If you breach these Terms and Conditions and we take no action, we reserve our right to use any rights and remedies available to us in any other situation where you breach these Terms and Conditions. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of ibuildstore.
11. Governing Law and Jurisdiction
You agree that these Terms and Conditions is governed by and construed in accordance with the laws of New South Wales and you and ibuildstore submits to the non-exclusive jurisdiction of the Courts of New South Wales.
12. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ibuildstore.