Terms & Conditions

for orders in the WEICON Online Shop

This website (“Website”) is owned and operated by Weicon Australia Pty Ltd ACN 680 680 933 (“we”, “us” and “our”). When you use any aspect of the Website including placing and order to purchase products through our online store ("Online Store”), you must comply with these Terms of Use.

These Terms of Use contain the entire understanding between us with respect to the Website and use of our Online Store, and no representation, statement, inducement oral or written, not contained herein shall bind either of us (collectively, the “Terms”).

You acknowledge that you have read, understood, and agreed to these Terms, and you agree to be bound by these Terms set out below. If you do not accept these Terms, you must not use the Website.

1. GENERAL

1.1 The information contained on the Website is for general information and/or illustrative purposes only, and subject to change.

1.2 Although we take all reasonable precautions to keep the information presented on the Website up to date, accurate and relevant, we make no representation or warranty of any kind (express or implied), that the content of the Website, its functionality or operation is error free, free from any defect, or that defects will be corrected.

1.3 Therefore, any reliance you place on such information is solely at your own risk and we accept no responsibility or liability whatsoever for any misunderstanding, loss or damage suffered as a result of your use and or reliance on any content and/or information published on the Website, including that found in our Online Store.

1.4 These Terms do not limit, exclude, or otherwise affect any guarantee, condition, warranty, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth), or any other relevant law.

2. ONLINE STORE

2.1 By using the Website, you agree that you will not:

2.1.1 provide us with any information that is inaccurate, misleading or incomplete;

2.1.2 violate any applicable laws;

2.1.3 use the Website for an unlawful purpose;

2.1.4 distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of the Website or any computer hardware or software; or

2.1.5 use any robot, screen grab, monitoring program or any other method to copy, replicate, alter or steal any content, information, illustration, source code or data contained on the Website.

2.2 All product information, availability, specifications and pricing are subject to change without notice.

3. PAYMENT TERMS

3.1 All products shown and offered for purchase on the Website are ‘invitations to treat’ under Australian tort law and subject to confirmation of price and availability for each respective product.

3.2 All payments are subject to third party handler and bank processing times. We endeavour to process all payments and orders as quickly and reasonably possible.

3.3 An order and purchase on the Website and through the Online Store is accepted by us pursuant to internal processing, receipt of payment in cleared funds and confirmation in writing (typically via email) to you together with a copy of a sales invoice and/or receipt.

3.4 Risk and title in each product passes to you immediately upon collection or delivery of a product.

3.5 If an order cannot be processed by us for any reason, we will notify you of the circumstance as soon as reasonably practicable. This includes but is not limited to:

3.5.1 your payment not clearing;

3.5.2 use of fraudulent or other unlawful payment methods;

3.5.3 unavailable stock;

3.5.4 internal or logistical reasons;

3.5.5 a price or description error; and

3.5.6 any other reason.

4. DELIVERY

4.1 All products listed on the Website are inclusive of GST and do not include delivery. Delivery costs are charged additionally on orders upon selection and confirmation by you on checkout (subject to clause 4.2).

4.2 Delivery is subject to you providing us with all relevant information, correct address details and access to the delivery site. If any products are to be delivered outdoors, delivery of the products will be subject to the weather conditions. We will not be liable for any delays to the delivery of the product caused by the weather.

5. REFUNDS AND RETURNS

5.1 We do not accept order cancellations, exchanges or refunds on any sale, opened or used products (subject to clause 5.2) after an order is accepted by us and processed in accordance with clause 3.3.

5.2 It is our intention to satisfy all our customers, and we will refund unopened products which are in saleable condition to the original credit card from which they were accepted and processed by us upon same being returned to us within [14 days] after receipt of purchase. All returned products must be accompanied by a copy of the original payment receipt evidencing proof of purchase. We do not offer refunds for postage costs on returned products.

5.3 Please allow 1 to 3 weeks from the date that you return your product for your request to be processed by us.

5.4 We are not responsible for any damage to a product(s) after they have been delivered to the customer. You must inspect the product(s) on delivery or collection and report all claims for shortages, fault or damages to Customer Service with accompanying photographic evidence within 72 hours of delivery.

5.5 To return products to us in accordance with clause 5.2 or report damages on a product in accordance with clause 5.5, please email our Customer Service at info@weicon.de.

5.6 There are no refunds or returns for change of mind or “satisfaction guarantee” reasons.

6. SUBSCRIPTION SERVICE

6.1 We may from time to time offer a customer subscription service where a customer may hold, or register, a membership account with us. This is an optional service that allows a customer to place a standing order with us to be automatically shipped and charged to your credit card or bank account on a recurring, monthly basis for products which the customer has selected.

6.2 A subscription must be cancelled prior to the shipping of the products associated with that subscription.

6.3 Clause 4 extends to apply to our subscription service.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

7.1 The Website and all multimedia content displayed on the website is subject to trademark and intellectual property rights owned or licensed by us, and further protected by copyright as a collective work and/or compilation, pursuant to Australian copyright laws, international conventions, and other copyright laws.

7.2 You are not authorised to use or copy any information or multimedia content on the Website unless we provide you with express written consent to do so.

7.3 All materials contained on the Website are protected by copyright, and owned or controlled by us or the party credited as the provider of the content. You must abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website.

8. WARRANTY AND LIABILITY OF SUPPLIER

8.1 We will not be liable for any damages, real or assumed, direct or indirect, punitive or consequential incurred as a result of the use of the Website. This includes, but is not limited to, any loss of income or profits, damages to third parties, contractual responsibilities, negligence or any tort.

8.2 You agree to indemnify us for any loss or liability arising out of your use of the Website.

8.3 Where we provide hypertext links from or to third party sites we do so for convenience and information purposes only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to the Website, the content of those sites, the third parties named therein, or their products, resources or services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking, and we accept no liability nor make any endorsement or approval of the same.

8.4 Subject to Clause 8.5, we will not be liable to you for:

8.4.1 losses arising from the delay in the supply of our products;

8.4.2 unless otherwise agreed in writing, loss or damage arising from recommendations and suggestions provided you by us or our employees, agents and/or contractors; or

8.4.3 loss or damage due to your misuse of any products provided by us.

8.5 To the extent permitted by law all warranties, conditions, liabilities or representations in relation to the quality of the products (other than any being or giving rise to non-excludable rights under any laws of Australia or its State or Territories) which might otherwise be implied herein by law or otherwise are expressly negatived and excluded.

9. UPDATES

9.1 We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time without notification.

10. FORCE MAJEURE

10.1 We will not be responsible for any delay, suspension or failure arising from any events beyond our control such as any act or neglect of any of our carriers, sub-contractors, manufacturers or suppliers, acts of God, pandemic, strikes, lock-outs, bans or other industrial disturbances, fire, flood, explosion, civil riot or commotion, government interference or request, by-laws, rules or regulations or order of any competent authority.

11. SEVERABILITY

11.1 Should any part of the Terms be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Terms been omitted.

12. PRIVACY

12.1 We will, in respect of personal information held in connection with these conditions:

12.1.1 comply with the Privacy Act 1998 (Cth) and other legislation regarding privacy in force from time to time that is applicable;

12.1.2 use the personal information only for or in connection with the purposes of these conditions and in accordance with our Privacy Policy; and

12.1.3 otherwise not disclose personal information without your written authority except for the purposes set out in these conditions and for the purposes of fulfilling its obligations under these conditions or as required by law.

12.2 We are committed to protecting your personal information and adhering to the requirements set out in the Privacy Act 1998 (Cth). You may view our Privacy Policy by clicking here.

13. JURISDICTION

13.1 Your use of the Website and these Terms are governed by the laws of Queensland, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.

This policy was last updated in November 2024.