Hello Fencing

Terms & Conditions

HELLO FENCING PTY LTD TRADING TERMS

These terms (Terms) outline the terms and conditions on which Hello Fencing Pty Ltd (HF) will supply any of the products listed on our website (Site) to Customers.

  1. Purpose and Application
    1. These Terms apply to, and are expressly incorporated into, any order for the supply of any products by HF to the Customer (Order).
    2. These Terms are governed by and construed in accordance with the laws of Victoria, Australia.
    3. Nothing in these terms is intended to exclude, restrict or modify rights which the Customer may have under the Australian Consumer Law or any other law. If any provision of these Terms is invalid under any law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give that provision any effect, then it is to be severed from these Terms and the remaining Terms will continue to have full force and effect.
  2. Orders
    1. The Customer may place an Order on the Site by designating the HF products required, and any requirements for fabrication or customisation in the order form available on the Site (Products).
    2. The Customer may also place an Order for Products by email, telephone or in person at HF.
    3. Upon placing an Order, the Customer will receive an invoice from HF for the full price of the Products ordered, and any fabrication or customisation charges (Purchase Price). The Purchase Price is exclusive of all other charges, unless expressly included in the Purchase Price. Delivery fees are charged in addition to the Purchase Price, as set out in these Terms below.
    4. The Customer must pay 100% of the Purchase Price to HF as a prior to the Order being processed. HF accepts direct bank transfer, credit card (Visa and Mastercard), Pay Pal, cheque and cash payments.
    5. Customer must pay the Deposit to HF using the payment details provided on the invoice before the Order will be processed by HF.
    6. HF reserves the right to alter prices without notice to the Customer, and such prices will apply to future Orders, but not to any order made before the alteration.
    7. An order is accepted when payment of the deposit is processed by HF.
    8. Full payment of the Purchase Price is required prior to delivery of Products, and in any event by the date specified by HF.
    9. If the Customer does not make payment by the due date, HF may:
      1. charge the Customer interest calculated on a daily basis; and/or
      2. cancel or suspend any unfilled Orders.
  3. Lead Times
    1. The average lead time for in stock products is 3-5 business days after full payment of the Purchase Price is received, plus delivery time as set out below.
    2. The average lead time for customised or fabricated products is 5-15 business days after full payment of the Purchase Price is received, plus delivery time as set out below.
  4. Cancellation of Orders
    1. If HF has reason to believe that it will be unable to supply an Order to the Customer within a reasonable time, or at all, due to circumstances beyond its reasonable control, HF may, without penalty, cancel the Order and refund the Customer all money already paid in respect of that Order.
    1. Once an Order has been accepted by HF, it cannot be cancelled by the Customer unless agreed to by HF.
  5. Delivery.
    1. Delivery
      1. HF will deliver Products to a residential or business address within Australia or internationally (Delivery Site). We cannot deliver to PO boxes.
      2. HF may use third party courier services for delivery of Products, and the Customer consents to their details being disclosed to the third party courier for the purpose of delivering Products.
      3. On receipt of an Order, HF will detail a quote for standard delivery to the Delivery Site on Monday to Friday between 9am and 5pm. HF assumes that the Delivery site is accessible by semi-trailer truck via an all-weather road (Standard Delivery Conditions).
      4. By way of indication only, the average delivery times under Standard Delivery Conditions within Australia are:
        VIC 1-3 Business Days
        NSW 3-5 Business Days
        ACT 3-5 Business Days
        SA 3-5 Business Days
        TAS 5-7 Business Days
        QLD 5-7 Business Days
        NT 5-10 Business Days
        WA 5-10 Business Days
      5. HF uses its best efforts to meet the average delivery times, but is not liable for late delivery or non-delivery. HF instructs third party courier services to call the Customer before deliveries that require unloading assistance. If the Customer wishes to arrange a specific delivery time with the courier, HF will provide a phone number for the Customer to contact the courier company.
      6. If the Customer requires express or other special delivery due to timing, out of business hours delivery requirements, or Delivery Site access requirements, the Customer must notify HF at the time of placing an Order, and an appropriate quote will be provided (Special Delivery).
      7. If the Customer does not notify HF that it requires Special Delivery, HF is not responsible for the inability to deliver Products to the Delivery Site.
      8. Additional delivery charges will be payable by the Customer for any Special Delivery requirements, such as special vehicle hire or express delivery.
      9. The Customer is responsible for unloading Products at the Delivery Site. HF recommends a least two people are available to unload Products.
      10. HF and the delivery driver will not:
        1. provide any unloading devices;
        2. assist with manual unloading of Products;
        3. accept any charges for hire of unloading devices by the Customer.
    2. International Delivery
      1. HF offers international delivery under the conditions set out above. However, due to international laws and regulations, HF must adhere to certain shipping restrictions. If a Customer places an Order for Products that HF is unable to ship to the Customer’s country, HF is unable to accept and deliver the Customer’s order.
      2. The Customer is responsible for payment of any additional charges which may be incurred as a result of shipping Products outside of Australia. Such charges include any duties, taxes, or customs charges.
  6. Title, Risk and Damage
    1. Risk in the Products passes to the Customer on collection, or when the Products enter the Customer’s custody, including its courier or delivery agent.
    2. Title to the Products passes to the Customer on payment of the full Purchase Price.
    3. Think Fencing is not liable for any damage that occurs to Products during delivery. Think Fencing is able to arrange insurance at the Customer’s request, in the amount of 4% of the value of the Products being delivered.
  7. Limitation of Liability
    1. Unless such liability cannot be excluded by law, HF will not be liable in any circumstances for any loss or damage:
      1. to any property or person arising from the supply or delay in supply of Products; or
      2. to any person arising from the failure to supply Products as a result of:
        1. the Customer providing an incorrect delivery address; or
        2. the Products being left at a delivery address that is unattended at the time of delivery.
    2. For the avoidance of doubt, HF is not responsible to a Customer for any loss or damage to the Products in transit caused by any event of any kind or by any person (whether or not HF is legally responsible for the actions of that person).
  8. Returns and Replacements
    1. In addition to the Customer’s rights under the Australian Consumer Law, HF will refund or replace Products in certain circumstances. Our Return and Replace Policy and our Limited Lifetime Warranty can be found here and are expressly incorporated into these Terms.
  9. Privacy
    1. Hello Fencing’s Privacy Policy can be found here.
  10. Waiver
    1. A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or another right.

HELLO FENCING PTY LTD RETURN AND REPLACE POLICY

In addition to any rights a Customer has under the Australian Consumer Law (set out in paragraphs 3.8 to 3.10 below), HF allows returns and replacements of Products on the following terms and conditions.

  1. Change of Mind Returns
    1. The following products are not accepted for change of mind return:
      1. fencing systems, gates and other fabricated or customised Products;
      2. HF products which have been obtained via auction sites such as eBay;
      3. products in relation to which the Customer cannot produce a HF invoice number.
    2. All other Products may be returned for a refund of the Purchase Price less a 20% restocking fee, provided that:
      1. a return request is placed via the Site, by email, or telephone within 10 business days of the date of delivery or collection of the Products;
      2. the Customer follows all instructions given by HF in relation to the return request;
      3. the Products are in a saleable condition;
      4. the Products have not been used; and
      5. the Products are in their original packaging.
    3. The Customer is responsible for the cost of returning the Products to HF.
    4. HF will refund the Purchase Price less restocking fee once the Products have been returned, inspected for compliance with these terms, and approved. The Purchase Price will be refunded by way of transfer into a bank account nominated by the Customer.
    5. HF will not refund any delivery charges which were paid by the Customer.
  2. Replacement of Defective Products Identified on Delivery
    1. Any claim that the Products are defective, damaged during delivery, are short delivered or otherwise not in accordance with the Customer’s Order, must be made to HF within 10 business days of the date of delivery or collection of the Products.
    2. If the Customer fails to make a claim within that time, then to the extent permitted by law, the Products are deemed to have been accepted by the Customer.
    3. The Customer must comply with all reasonable requests by HF in relation to the claimed defect. This may include providing photographs of the defective products, allowing access to the defective products, or returning the defective goods to HF.
    4. If a defect is confirmed by HF, then HF will replace the defective products at no cost to the Customer. All re-delivery costs will be covered by HF.
    5. If HF does not require the defective products to be returned, HF is not liable for any removal or disposal charges incurred by the Customer.