Terms and Conditions of Sale
1. Introduction
These Terms and Conditions (“Terms”) govern the sale of products through our online store. By placing an order, you agree to be bound by these Terms.
The laws of Australia, including the Australian Consumer Law (ACL) (contained in the Competition and Consumer Act 2010), apply to all online sales. Nothing in these Terms is intended to limit rights that the ACL gives consumers that cannot be excluded.
2. Definitions
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Business, we, us, our: the seller operating this online store.
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Customer, you, your: the person or business purchasing goods.
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Goods: products offered for sale on our online store.
3. Orders and Acceptance
3.1 Orders placed through the online store are subject to acceptance by us.
3.2 A contract is formed when we accept your order and issue an order confirmation.
4. Price and Payment
4.1 All prices are listed in Australian Dollars and are inclusive of GST where applicable.
4.2 You agree to pay all amounts due at the time of purchase using the payment methods offered at checkout.
5. Delivery and Risk
5.1 We will deliver Goods to the delivery address you provide.
5.2 Risk in the Goods passes to you on delivery, but ownership of the Goods only passes to you once full payment has been received.
6. Consumer Guarantees and ACCC Compliance
6.1 Under the Australian Consumer Law, consumers have certain non-excludable rights and guarantees when buying products from us, including that the Goods are of acceptable quality, fit for any disclosed purpose, and match their description. These guarantees cannot be excluded by these Terms.
6.2 If Goods fail to meet a consumer guarantee, you are entitled to a remedy, which may include a repair, replacement or refund depending on the nature of the failure. Remedies are assessed in line with the ACL.
6.3 Our Terms will not exclude or override your statutory rights under the ACL, and nothing in these Terms will be interpreted as attempting to restrict or reduce those rights.
7. Returns, Refunds and Faulty Goods
7.1 If Goods are faulty, not as described, or unfit for purpose, you may be entitled to a remedy under the ACL.
7.2 You must contact us promptly on becoming aware of an issue to discuss return and remedy options.
7.3 We will not enforce a blanket “no refund” or “no return” policy that attempts to limit consumer guarantees — consistent with ACCC guidance on compliant terms and conditions.
8. Unfair Contract Terms
8.1 Where this Agreement is considered a standard form contract with a consumer or a small business contract, the ACL and related law prohibit terms that are unfair. If a term is held to be unfair, it may be void and unenforceable.
9. Limitations of Liability
9.1 To the extent permitted by law, our liability for loss or damage arising from your purchase is limited to the remedies set out in these Terms and under the ACL.
9.2 We will not be liable for indirect or consequential loss except where required by law.
10. Intellectual Property
All content on the website (text, images, logos) is owned or licensed by us and may not be used without permission.
11. Privacy
We collect and use personal information in accordance with our Privacy Policy.
12. Governing Law
These Terms are governed by the laws of the state or territory in which our business is located, and disputes are subject to the courts of that jurisdiction.
13. Changes to Terms
We may update these Terms at any time. Updated Terms take effect when published on our website.
Product Selection, Suitability & Customer Responsibility
Product Information and Research
The Customer acknowledges that HVACZONE supplies products on a wholesale basis and does not provide site-specific design, engineering, sizing calculations, or suitability assessments unless expressly agreed in writing.
It is the Customer’s responsibility to:
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conduct their own independent research and due diligence prior to purchasing any product;
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ensure the product selected is suitable, correctly sized, and appropriate for the intended application, installation environment, and operating conditions; and
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confirm compliance with all applicable standards, manufacturer specifications, and regulatory requirements.
Use and Application
HVACZONE is not responsible for:
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products that are incorrectly selected, undersized, oversized, or otherwise unsuitable for the intended use;
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products used outside the manufacturer’s stated specifications or intended operating environment; or
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performance issues arising from incorrect application, installation, design, commissioning, or environmental conditions.
Limitation Subject to Australian Consumer Law
To the maximum extent permitted by law, HVACZONE excludes liability for losses arising from incorrect product selection or misuse.
Nothing in this clause excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law, including consumer guarantees that cannot lawfully be excluded.