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Website Terms and Conditions

About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean Hardware Bargains PTY LTD trading as The Fastener Factory, ABN 99143847732, 257 Huntingdale Rd, Oakleigh, Vic 3166 Australia, and "you" means you the customer. These Terms and Conditions together with your order constitute the entire contract between us and you for the supply of products. The contract cannot be varied unless we agree to vary it in writing or by email.

Australian Sales Only

We sell and ship products only within Australia. We will not make deliveries outside of Australia.

Legal Capacity To Transact

If you are under the age of eighteen (18) years you cannot place orders with The Fastener Factory. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Should The Fastener Factory suffer any damage or other losses as a result of a transaction entered into by a minor, The Fastener Factory reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with us.

Placing Your Order

You may place an order by filling in the Checkout Information on the The Fastener Factory’s website and clicking the "Submit Order" button.

When you place your order, we will issue you with an order number. We will do this by email. By placing an order, you make us an offer to to purchase the products you have selected based on these Terms and Conditions. Information contained on the The Fastener Factory website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any products, however The Fastener Factory will make every effort to supply products to you. We will notify you that your order is being processed by sending you an Order Confirmation and Tax Invoice via email, however we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

Payment Methods And Processing

The Fastener Factory currently accepts Paypal, Visa, MasterCard and Electronic Funds Transfer (EFT). Payment processing will not begin until the order is processed, picked and ready for depatch. Orders placed on a weekend or a public holiday and after 1pm will not be processed until the next business day. Business days are Monday through Friday, excluding Victorian public holidays.

Where you pay by EFT you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation. If an EFT payment is not received within 7 days from the date that you receive your Order Confirmation, The Fastener Factory reserves the right to cancel the transaction.

For credit card payments we will email a tax invoice to you with your Order Confirmation. Where you pay by EFT a tax invoice will be sent to you via email after your payment has been confirmed. Your tax invoice is your proof of purchase. Your products will not be despatched until payment is confirmed.

Please Note:

  • We are unable to accept credit cards issued by banks outside of Australia.
  • Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  • You may be required to provide further identification for additional security reference checks.

GST

All of The Fastener Factory's purchases include GST.

Prices

The Fastener Factory's policy is to supply the trade and industry with products at the lowest price possible.

The Fastener Factory reserves the right to change prices for products displayed at The Fastener Factory at any time before you place an order. The price of products shown excludes shipping costs.

Shipping cost is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart.

Supply Of Your Products

Subject to these Terms and Conditions, we will supply to you the products indicated on your Order Confirmation. In the unlikely event that the stock is unavailable we will email you the new order and ask for a confirmation for payment of this new order.

Delivery Of Your Products

Delivery time varies depending on your area of delivery. For delivery times please see Delivery Information. Please note that EFT payments take 1-2 business days to process and we will despatch your order once payment is confirmed.

In all instances estimated delivery times will be displayed at the check out for your product. The Fastener Factory makes every effort to deliver your product according to the estimated delivery times provided by The Fastener Factory at checkout. The estimated delivery times are in business days (Monday through Friday) excluding public holidays.

Although every effort is made to ship your order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your product has not arrived after the estimated delivery time, please contact us here. Unless otherwise agreed by us, we will deliver your products to the address indicated on your Order Confirmation.

We will use our reasonable efforts to deliver your products to you within the estimated delivery time indicated on your Order Confirmation, however we do not guarantee that we will deliver within this time frame.

Title and risk of loss to all products will pass to you on delivery.

Consumer Guarantees and Warranty on defects

All products sold by The Fastener Factory are new. The Fastener Factory make a commitment to sell only the highest quality products. All of our products are new and we do not sell second hand goods. If you are dissatisfied with one of our products please notify us by email or call us to speak to a representative from The Fastener Factory. We offer a standard 12 month warranty on all products, unless otherwise specified within the listing. Some products carry a much longer manufacturers warranty (up to 10 years). Please feel free to email us about any warranty information.

IConsumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees.

For more information about your rights as a consumer, see the Australian Consumer Law website at consumerlaw.gov.au

If a product has a minor defect, we will offer you a replacement or a refund.

If a product has a major defect, you are entitled to:

  • reject the goods and receive a refund,
  • reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
  • keep the goods and receive compensation for the drop in value caused by the problem.

A photo may be requested to assist with the assessment of your claim.

Where a product is defective and needs to be replaced or repaired, return shipping will be arranged at the expense of The Fastener Factory.

If a product is replaced, your replacement product becomes your property and the returned product becomes our property.

When a refund is given, the returned product becomes our property.

Our Liability

To the extent permitted by law:

  • We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
  • Our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

Returns Policy

Returning a Product

We will issue an exchange if your item is received defective or the incorrect item was shipped. If the product is unavailable at this time we will refund the amount paid for the product. You must notify us of any returns within 7 days of receipt of the item. We may at our discretion accept returns where the product is no longer required, however the return shipping on 'change of mind' returns is the responsibility of the customer.

Return Merchandise Authorisation Number - A Must Have

A Return Merchandise Authorisation (RMA) number is required for replacement products and refunds.

Where Customer Service has provisionally determined that a Product is defective, Customer Service will issue you with an RMA. Products cannot be returned without an RMA. The product should be returned to The Fastener Factory within 30 calendar days of the issuance of the RMA. Where possible, all products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that was shipped with the product. If the accessories are not included, only a partial refund will be applied.

Organising the Return of Products

Products must be returned whenever we agree to provide you with a refund or replace the product. Where you received a defective product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RMA which you must affix to the product. The Fastener Factory will pay for returned items automatically if you notify us of your claim within 30 days of delivery. You must then take the product to any Australia Post Office for return.

Where you have received a defective product by our courier service, we will make arrangements with our courier service for collection of the product, and will notify you when they will collect the product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RMA which you must affix to the product.

When a Replacement Product is arranged

  • A replacement for the same product that you ordered will be shipped to you at our expense after we have received your returned product.
  • The delivery time for the replacement product will be the same as stated for the original product.

Your Data - Use and Protection

By placing your order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your order. If you so indicate on the appropriate section of your Order Form, by placing your order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other products from the The Fastener Factory that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other products from The Fastener Factory products, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

Credit Card Security / Fraud Protection or Prevention Procedures

Our Secure Server Software encrypts your personal and financial information to ensure your order information is protected.

We use industry standard 128-bit encryption. Our Secure Server Software locks all critical information passed from you to us, such as personal information, in an encrypted envelope, making it extremely difficult for this information to be intercepted.

The Fastener Factory does not capture or store your credit card information at any time - even temporarily. All payments are made directly to the Bank portal. No part of the The Fastener Factory site has any access to your credit card information, giving you additional peace of mind.

General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of The Fastener Factory. Any unauthorised assignment shall be deemed null and void.

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.

The Fastener Factory reserves the right to change the Terms and Conditions of sale at any time.

No employee or agent of The Fastener Factory has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

To the extent permitted by law, The Fastener Factory is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of The Fastener Factory, and The Fastener Factory shall be entitled to a reasonable extension of time for the performance of such obligations.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.