Terms and Conditions
1 . Governing Terms and conditions
This website is operated by OZSHARK GROUP PTY LTD T/A OzCoolers (ABN 24 650 889 688). Throughout the site, the terms “we”, “us” and “our” refer to OZSHARK GROUP PTY LTD T/A OzCoolers. OzCoolers offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2 . Consumer Rights
Nothing in these Conditions must be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right, remedy or consumer guarantee implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.
3. Personal Information
4. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express wrote permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
5. Error, inaccuracies, and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
6 . Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7. TERMS OF DELIVERY
Any delivery time OzCoolers gives to the Purchaser is only an estimate. We will use reasonable endeavors to ensure its delivery companies meet delivery estimates. However as delivery done by third party delivery company OzCoolers cannot be held liable for any delay in delivery.
Full delivery prices and options are listed on the OzCoolers website and are subject to change from time to time.
Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices and delivery times will be longer, depending on the delivery location.
The risk in the Goods transfers to the Customer at the time of delivery but the title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify OzCoolers immediately if Goods are delivered in damaged or soiled packaging.
Goods delivered are used, stored and installed at the Customer's own risk and OzCoolers will not be liable for any damage, loss or disruption caused by the same unless caused by OzCoolers' negligence. Where installation/disconnection services have been ordered by the Customer, further charges, terms, and conditions may apply as communicated by OzCooler to the Customer before delivery.
All deliveries will be to a kerb side or a loading dock, any other forms of delivery will incur additional charges. The delivery person/driver may at his/her discretion assist with delivering the Goods to a location within the premises nominated by the Customer, at the Customer's sole risk.
If the Customer will not or does not accept delivery when the Goods are ready for delivery or OzCooler or its agent cannot affect delivery because OzCooler or its agent consider at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or because the Customer has not provided OzCoolers with appropriate instructions, documents, licences or authorizations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and OzCoolers may store the Goods until actual delivery, in which case, the Customer will be liable to OzCooler for all related costs, such as re-delivery charges, storage, and insurance.
8. GUARANTEE OF PERFORMANCE.
Upon acceptance of this offer OzCoolers will be deemed to have guaranteed for a period of (as shown on the invoice) from the date hereof at OzCoolers's option to replace or repair at which the Equipment is usually warehoused by OzCoolers's suppliers any part or parts of the Equipment which shall be proved to OzCoolers satisfaction to have been faulty or defective either in material or workmanship or are required to be covered under the Australian Consumer Law. PROVIDED THAT the Purchaser shall not be entitled to any such repair, replacement and/or service which OzCoolers in its absolute discretion shall determine became necessary due to fair wear and tear only nor to any repair, replacement or service which OzCoolers in its absolute discretion determines to have been rendered necessary through any negligence or want of care in the control or use by the Purchaser of the said Equipment or any part thereof and provided further that the above guarantee of performance and/or service shall cease to have any effect in the event of the Equipment being improperly repaired or any other part thereof being replaced by a non-genuine parts or being mal-adjusted by any person other than OzCoolers or the Manufacturer’s authorised representatives. The Purchaser agrees that the Equipment will be used only for the purpose for which it is ordinarily supplied. The Purchaser further agrees that OzCoolers shall not be liable, to the extent permitted by law, for any loss (including without limitation any consequential loss, economic loss and loss of profits) arising from use of the Equipment which is not authorised by OzCoolers. OzCoolers's liability by reason of the Equipment or any part thereof being faulty or defective at any time or on any other account whatsoever shall be limited to (at OzCoolers's option) the repair, replacement and/or service hereinbefore provided and shall not include liability for any loss sustained by the Purchaser by reason of any fault or defect except where such liability cannot be excluded by law. The Purchaser agrees to pay OzCoolers, in addition to the cost of any part or parts so replaced and compensation for the loss of time occupied by OzCoolers's representatives in travelling to and from OzCoolers said address to the place where the Equipment is so inspected and/or repaired, the reasonable travelling and accommodation expenses incurred by OzCoolers's servants or agents in and about the journey so undertaken at the Purchaser’s request. PROVIDED HOWEVER THAT in the event of OzCoolers deciding that all such repairs and/or replacements fall within the terms of this Guarantee of Performance or remedies required under the Australian Consumer Law and service hereinbefore contained then and in any such event such repair and/or replacements shall be effected free or charges to the Purchaser absolutely.
9. Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Please note we are resellers of local brands.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall OzCoolers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless OzCoolers and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
11. Title to the equipment/products
OzCooler remains the sole and absolute owner of the Equipment and products until the whole of the purchase price and transport and other charges have been paid in full. Equipment will not leave OzCoolers supplier’s warehouse until payment is made for the Equipment and the expected delivery charges and funds are cleared.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
14. Price Match
We do not price match on SKOPE units.
15. Warranties and Returns
Goods delivered may be returned for a refund, exchange or replacement 5 working days provided they are returned unused, in a saleable condition and in their original packaging. Returned items are subject to a restocking fee (15%of the unit value). Certain Goods cannot be returned for hygiene purposes. Certain Goods such as wine corks must be returned in adequate postal packaging for health and safety reasons. The cost of returns may be refunded in whole or in part to the Customer at OzCoolers discretion.
Goods that are damaged on delivery must be reported to OzCoolers within 24 hours. Large Goods such as fridges must be visually inspected by the Customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by OzCoolers may be replaced, repaired, refunded or exchanged at OzCoolers' discretion provided OzCooler is informed in writing within 28 days. You (the customer) are liable for any shipping costs for BOTH directions (from the facility it was ordered from to you, and back to the stockroom). The total cost of the purchase price minus these fee charges and expenses will then be refunded or sent back to you when the facility processes your product(s) (item must be returned within 30 days, new, unused, and in original packaging). Refunds will only be provided to the same credit card that you utilized when putting in your order. Certain Goods may be disposed of in accordance with OzCoolers safety instructions for replacement, refund or exchange with OzCoolers' prior approval.
Any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions will not qualify for warranties and returns policy. Engineer call-outs and repairs carried out on non-warranty faults or defects may be subject to further charges.
16. Local Pickup / Warehouse Collection
You acknowledge that any damages caused during or as a result of Your own transportation (not using our fragile shipping services) will not be covered under OzCoolers' warranties. Furthermore, you accept full responsibility for any costs associated with damages, repairs and service calls which are required as a result of your own transportation.
17. Warranty Does Not Include
Any expenses resulting from service calls for either products or faults that are not specifically covered by warranty, (including units which are found to be operating normally). All call out fees will then be borne by the client (at our discretion).
- Wear and tear
- Light Globes
- Filters (including cleaning of condenser filter in fridges)
- Cosmetic damages
- Runners (door wheels)
- Power leads
Any expenses resulting from service calls for both fault diagnosis and repair after the warranty terms have expired. OzCoolers will always attempt to assist after warranty periods have expired with spare parts and service, just as we would within warranty periods.
Any client wishing to return a purchased unit with no legitimate reason. It is understood that the client has read our listing and knows all of the specifications in regards to size and the correct environment suited for the fridge. The cost to return is fully borne by the client as well as the initial cost of the delivery, plus a re-stocking fee of 25%. This strictly applies for a 30 day period from the date of the delivery.
Any expenses resulting from defects to the unit caused by any person, other than OzCooler or its authorized service agents, including;
Incorrect installation – such as a lack of ventilation, exposure to the elements where it’s not part of the refrigerator specification, sunlight in particular.
Abuse, misuse or alteration.
Failure to let compressor oil and/or refrigerant settle after relocation.
Damage during movement by the client from one location to another including lifting the unit by the doors or door handles.
Insect and/or vermin infestation.
Electrical/Power surges and/or storm damage.
Damage to any area or structure due to movements of the fridge, like wooden floors, walls, and glass etc.
Faults due to client re programming or setting controllers wrong.
Blocked condensers due to not being cleaned, it is up to the customer to ensure condensers are cleaned periodically, see www.cleanme.eu for relevant info on the type of units that need this.
Any indirect, incidental or consequential damages, spoilt wine or frozen/exploded drinks, water damage including condensation forming on outer glass etc., except as provided for by ACL, Australian Consumer Law.
Units used in ‘moveable’ vehicles (Cars, Vans, Buses etc.) will not be covered under any warranty at all.
Fridges that do not come under our standard warranted lines, these will be clearly advertised with the warranty information directly pertaining to that product.
Fluorescent or LED lights, locks, ballast, rusted parts (including Stainless Steel), screws, nuts, and any plastic parts involving basic wear and tear.
Labour if the technician has to travel outside of OzCoolers' service area, or the mainland of Australia.
Freight costs for repair if the unit is outside the OzCoolers service agent areas, all major capital cities are towns are included but there are some rare remote area’s we cannot service.