Terms and Conditions
Welcome to www.castlegrade.com.au (Site), a website owned and operated by Castle Grade Australia Pty Ltd (Castle Grade Australia, we or us). These Terms and Conditions apply to your use of the Site, as well as any order you place with us.
1 Acceptance of Terms and Conditions
Your access to and use of the Site is subject to these Terms and Conditions and by using the Site and/or placing an order you acknowledge and agree to these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time. Any changes will be posted on the Site and will become effective immediately. Continued use of the Site or any orders placed following any change to these Terms and Conditions will be deemed acceptance thereof, and each time you access or use the Site or place an order with us you acknowledge and agree to the Terms and Conditions as applicable at that time.
2 Terms of sale
When you place an order on the Site you agree to these Terms and Conditions:
2.1 Prices and GST. Unless expressly stated otherwise, all prices on the Site are in Australian Dollars (AUD) and do not include GST. We reserve the right to amend our prices at any time. Where we make a taxable supply and the price does not include GST, we will be entitled to add GST.
2.2 Payment. At the time of placing an order through the Site, you must pay for your order in full together with any postage or shipping charge. We accept major credit cards and other payment methods as indicated on the Site, but accept no responsibility for payment errors including those caused or contributed to by your bank, credit card provider, merchant gateways or other payment intermediaries.
2.3 Postage. Postage will typically incur an additional charge calculated and notified to you at the time of purchase. Where postage is free or included in the purchase price this will be expressly stated. If an order is to be delivered to you at an international address, you may need to pay additional customs charges or duties to the relevant authority in addition to the purchase and shipping amounts for the goods to be released to you. Any such charges are your sole responsibility and we encourage you to familiarise yourself with any such customs duties which may apply to your delivery.
2.4 Offer and Acceptance. Your order constitutes an offer to purchase each product comprising your order, for the price specified. We may reject your offer. If we do not accept your offer for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance thereof. We not required to give reasons for non-acceptance of an offer.
2.5 Availability. We give no undertaking as to the availability of any product advertised on the Site. We will notify you as soon as possible where any goods purchased are unavailable and will promptly provide a refund or credit note.
2.6 Cancellation. Once you have submitted an order into our system it may not be possible to cancel the order even if our system notes that acceptance or rejection of your offer is still pending.
2.7 Delivery. The estimated date delivery date of your order will be notified to you at the time of purchase, and if no estimated delivery time is provided will be the standard shipping time as quoted by our carriers from time to time applicable to your delivery address and the goods purchased. We give no guarantees regarding shipping time or the performance of our nominated carriers.
2.8 Title and risk. Legal title to any product purchased by you on the Site will pass to you when we receive your payment. All risk of loss or damage to goods passes to you when we dispatch the goods, and following dispatch any carriage of the goods to the delivery location designated by you is undertaken by the relevant carrier(s) acting as your agent.
2.9 Returns. Subject to these Terms and Conditions and applicable laws, due to health, safety and hygiene reasons items purchased on the Site cannot be returned to or exchanged unless faulty. Unless otherwise required by law, any wholesale order is final and the total product sell-through is the responsibility of each retailer or partner. Castle Grade Australia does not accept any responsibility to absorb unsold stock from any retailer or partner under any circumstance in any region.
2.10 Order cancellation due to error. If a product is listed on the Site at an incorrect price or with incorrect descriptive information or images due to typographical error or similar oversight at the time of purchase, we will notify you and reserve the right to cancel the transaction. If your credit card has been charged, we agree to provide a full refund for the total amount debited.
2.11 Limited purchase quantities. We reserve the right to monitor, restrict and/or limit sales or the purchase quantities of products, including sales to a non-commercial level, at our sole discretion. In such cases, we will reduce product(s) to what we consider a non-commercial quantity. Any commercial size quantities should be requested by email to firstname.lastname@example.org.
2.12 International shipping. We endeavour to monitor international orders to ensure that all items ordered are included in each order and that each order is safely packed for international shipping. Whilst we will do our best to help you if something does go wrong with your order, we have no control over international customs or postal operations and take no responsibility for damaged items or items which subsequently go missing.
We are not responsible for the loss of any orders due to untraceable consignments numbers, nor any cost that may be incurred due to customs tax or delivery tax. We will not be liable for any orders that are detained by any country’s customs, which may also affect delivery times. We cannot guarantee the quality of any consumable products delivered due to extended shipping times and weather and hold no liability on replacing/refunded them.
2.13 Force majeure. If we are delayed or prevented from performing any of our obligations under these Terms and Conditions by reason of any event or circumstance beyond our reasonable control, we will have no liability to you in respect of such non-performance and the time for performing the same will be extended until the event or circumstance has ceased.
2.14 Personal details. When you place an order with us, we will require you to provide your personal information including your name, delivery address, email address, telephone contact and valid credit card or other relevant payment details. While we use reasonable security measures to protect your information, we will not be liable for any misuse of this information due to an error in transmission, computer virus or malware or cyber-attack. We recommend that you regularly check to ensure your browser and internet connection are secure, and that your computer has up to date virus software installed.
3 Site access and use
Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice, including for any conduct that we in our sole discretion believe is in violation of any applicable law or is harmful to the interests of Castle Grade Australia or its customers. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the Site.
You agree that we will not be liable to you or any third party for any termination of your access to the Site. In addition, we may elect to electronically monitor areas of the Site and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request, or if such disclosure is necessary or appropriate to operate the Site or to protect our rights or the rights of our directors, employees, representatives, sponsors, third party providers or licensors. We are not responsible for screening, policing, editing, or monitoring such content.
All information on this Site is provided for general informational purposes only and is not intended nor should it be taken as a substitute for advice from a health professional, safety advisor, your employer or any other expert who may be able to provide advice on the efficacy of our product in meeting your requirements. You expressly agree that your use of the Site and any information on or available through the Site, and any actions you take or do not take in connection therewith, are at your sole risk. To the maximum extent permitted by law, Castle Grade Australia gives no express or implied warranties and makes no representations in connection with any information contained on the Site, including without limitation as to the completeness, accuracy, reliability, efficacy or currency of that information. Prior to using any personal protective equipment (PPE) you should seek the advice of a qualified professional to ensure such product is appropriate for your personal circumstances.
5 Limitation of liability
Other than liability which cannot be excluded by law, we accept no liability in connection with any information on the Site being incorrect, incomplete or misleading in any respect or for any product, good or service supplied or available via the Site. You agree that to the maximum extent permitted by law, we will not be liable to you or any other person for any loss, damage, cost or expense including any indirect or consequential loss, damage, cost or expense, however caused including due to breach of contract, negligence and/or breach of statute, which may be suffered or incurred or which may arise from or in connection with use of the Site, use of any product purchased or available through the Site, use of or reliance upon any of the information, products or materials contained on the Site, or our negligence or breach of any obligations under these Terms and Conditions or applicable law. Where certain conditions or warranties implied by law cannot be excluded, Castle Grade Australia’s liability will be limited to the resupply of the relevant goods or a refund of the costs of those goods.
We specifically recommend that if you are using our product in a high-risk setting, you first conduct a fit-testing with a qualified practitioner. We accept no liability for harm to you or any other person, including the transmission of virus or disease, resulting from the failure to use our product correctly in conjunction with taking all other necessary precautions including but not limited to hand-washing, sterilisation, social distancing or contact minimisation.
6 Intellectual property
6.1 Copyright and trade marks. Unless otherwise specified, all material appearing on the Site (Content) including all text, logos, graphics, design elements, photographs, images, data, typefaces, audio and video clips and all other content as well as the design and arrangement thereof is the property of Castle Grade Australia or its content suppliers and is protected by copyright law. Certain Content including Castle Grade Australia and all related product and service names together with all proprietary graphics, photographs and logos are registered and/or unregistered trade marks of Castle Grade Australia and its related entities and may not be used in connection with any other product or service without Castle Grade Australia’s express written consent. You acknowledge that all Content is protected by intellectual property rights and that these rights are valid and maybe protected in all forms, media and technologies which exist now or are developed in the future.
6.2. Use of the Site. You may use the Content and the Site solely for individual personal use in connection with the purchase of Castle Grade Australia’s products and for no other purpose. No Content or other materials from the Site may be copied, reproduced, republished, uploaded, modified, posted, transmitted, or distributed in any form or by any means without Castle Grade Australia’s prior written consent. All rights not expressly granted under these Terms and Conditions are reserved. Unauthorised use of any Content or other materials available on the Site may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties.
6.3 Links. The Site may include links to websites owned by other parties. Castle Grade Australia does not endorse and is in no way responsible for any material or products contained on or any damage, offence or loss to any person visiting these websites. You may create a hyperlink to the Site provided the linked content or website does not portray Castle Grade Australia, its products or any associated persons in a false, misleading, derogatory or offensive manner. If requested by Castle Grade Australia you must immediately remove any hyperlink to the Site contained on your website or other digital content.
6.4. Indemnity for use. You agree to indemnify and hold Castle Grade Australia and its directors, officers, employees and representatives harmless from any claim or demand, including legal fees on a full indemnity basis, made by you or any third party due to or arising out of your use of the Site, any content you submit, post to or transmit through the Site, your connection to the Site, your breach of these Terms and Conditions or your infringement or violation of the rights of any person.
7 Privacy and security
You may need to register to use certain parts of the Site and will be prompted to nominate a username and password. You must keep this username and password safe and must not disclose this information to any third party. If you become aware of unauthorised use of your account, please notify us immediately and take all prudent precautionary action. Although Castle Grade Australia uses reasonable efforts to safeguard the security of information you provide us, transmissions made on or through the internet cannot be guaranteed to be secure and Castle Grade Australia does not warrant and cannot ensure the security of any information which you may provide to us. You agree that any information you transmit to us is entirely at your own risk and that it is your responsibility to immediately contact your financial institution if you become aware of or we notify you of any unauthorised use of your account. As part of various promotions, competitions or gift-with-purchase rewards, Castle Grade Australia may need to provide your details to a trusted brand partner in order for that partner to fulfil their obligations within the promotion or activity – these situations will always be explicit, advertised and explained in each promotion and Castle Grade Australia will have previously vetted these brand partners to ensure the security and integrity of your information.
9 Morals Clause
You agree not to (i) do or commit any act or thing that will tend to degrade Castle Grade Australia (or by reference or implication) in society or bring itself into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency; or (ii) do, or refrain from doing anything that would prejudice Castle Grade Australia, its employees, officers, directors, affiliates, subsidiaries, or parents, or the legal industry in general.
If at any time, in the reasonable opinion of Castle Grade Australia, we determine that you have committed any act or done anything (whether intentionally or negligently) which might reasonably be considered: (i) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Castle Grade Australia (inclusive of its employees, officers, directors, affiliates, subsidiaries, or parents); or (ii) to otherwise violate this clause, then we may immediately terminate your right to use this Site and any orders placed on this Site, in addition to any other rights and remedies that Castle Grade Australia may have hereunder, at law or in equity.
You indemnify Castle Grade Australia and hold it harmless against all loss, actions, proceedings, costs, expenses (including legal fees on a full indemnity basis), claims and damages arising from or in connection with your actions or omissions including without limitation any breach by you of these Terms and Conditions, your access and/or use of the Site, or reliance on its contents or any information received or inferred through it by you or any person accessing any content through you.
If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason such term shall be severed and the remaining terms shall be unaffected and remain in full force and effect and the parties must use all reasonable endeavours to negotiate a suitable substitute provision.
12 Applicable law
Notwithstanding any location where you reside or may be located at the time you access, place an order or make a payment via the Site, you agree that as far as legally possible these Terms and Conditions, your use of this Site and any sale contract formed shall be governed by the laws in existence from time to time in Victoria, Australia. Any claim relating to the Site, the good or services provided through the Site or the Content shall be governed by the laws of the state of Victoria, Australia and you irrevocably submit to having the matter dealt with by the courts in Victoria, Australia.
13 Entire agreement
To the fullest extent permitted by law, these Terms and Conditions constitute the whole agreement between you and us and supersede any and all previous discussions and/or agreements between the parties.