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TERMS & CONDITIONS

LAST UPDATED: 14/06/2024

1. Terms & Conditions

2. Voucher Terms & Conditions

3. Lay-By Agreement

4. Customer Order Terms & Conditions

5. Marketing Communication Consent Terms and Conditions

6. Catalogue Terms & Conditions

7. Delivery Terms & Conditions 

8. Interest Free Payment Plans Terms & Conditions

9. Advertised Policy

10. Promotional Terms & Conditions


GENERAL

  • This website is operated by Retail Online Systems Pty Ltd (ROS) on behalf of and for the benefit of participating franchisees of Clark Rubber Franchising Pty Ltd (‘Clark Rubber Franchises’).
  • Access to and use of this website and the products and services available through this website (the ‘Services’) are subject to the following terms and conditions (‘Terms & Conditions’).  By using the Services, you are agreeing to these Terms & Conditions.
  • ROS reserves the right to amend these Terms & Conditions without notice to you from time to time. If ROS decides to change these Terms & Conditions it will post those changes here. ROS encourages you to visit this section of the website regularly in order to remain informed of any changes. Any such amendment will be effective once the revised terms have been posted on this website.

TERMS OF SALE

  • All orders placed using this website and any associated payment(s) will be sent by ROS to the nearest participating Clark Rubber Franchise who will process and dispatch your order.
  • You may contact ROS at any time to confirm the details of the Clark Rubber Franchise to whom your order has been directed.
  • By placing an order you are offering to purchase a Service on and subject to the Terms and Conditions, availability and confirmation of the order price.
  • You consent to the processing of information as described in the https://www.clarkrubber.com.au/privacy and warrant that all data provided by you is accurate.
  • Prices, offers and product availability may vary between this website and any Clark Rubber Franchise.
  • All prices are in Australian dollars.
  • Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
  • To place an order using this website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to ROS or a holder of a PayPal account.  
  • ROS reserves the right to refuse any request made by you.
  • Upon receiving your order ROS or a third party nominated by ROS on its behalf will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.  All orders including any limited free delivery offer are subject to the www.clarkrubber.com.au/delivery-and-returns terms and conditions.
  • The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.
  • The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. ROS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. ROS reserves the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
  • Whilst ROS will try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If ROS discovers an error in the price or payment of any goods which you have ordered ROS 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 ROS are unable to contact you ROS will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.
  • As ROS is not the supplier of any products, ROS will not be liable in contract, tort or equity for any loss or damage arising out of or relating to this website or any Service(s) which are supplied to you via an order placed by you using this website.   If this limitation of liability is held to be unenforceable for any reason, then ROS’s maximum liability to you is limited to the purchase price paid for the Service(s).

INTELLECTUAL PROPERTY

  • The intellectual property rights in all content made available to you on or through this website remain the property of ROS and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ROS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

RESTRICTIONS

  • You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. ROS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

PRIVACY

  • The privacy policy, which sets out how your information will be used, can be found here.

INDEMNITY

  • You agree to indemnify, defend and hold harmless ROS, its directors, officers, employees, consultants, agents, and affiliates, 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 & Conditions.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at customerservice@clarkrubber.com.au or calling 13 80 90.

WAIVER

  • If you breach these Terms & Conditions, failure by ROS to take action will not constitute a waiver of ROS’ rights and remedies arising from that breach and ROS reserves its entitlement to enforce its rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms & Conditions. Any waiver of any provision of the Terms & Conditions will be effective only if it is in writing and executed by ROS.

FORCE MAJEURE

GOVERNING LAW AND JURISDICTION

  • These Terms & Conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

Severability

  • Any provision in these Terms & Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.