Shipping policy

Terms and Conditions – Website Sales

 

These Terms and Conditions of Sale (Terms) apply to all orders placed via the website at www.unionsnsw.org.au (Website) operated by Unions NSW Property and Services Limited (Unions NSW).

 

By placing an order through the Website, the customer (you) agree to be bound by these Terms.

 

1.             Definitions and interpretation

 

1.1         In these Terms:

 

(a)    ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(b)    Goods means products offered for sale on the Website.

(c)    Order means a request submitted by you to purchase Goods via the Website.

(d)    Consumer has the meaning given in the ACL.

 

1.2         Headings are for convenience and do not affect interpretation. A reference to “including” means “including without limitation”.

2.             Application of these Terms

2.1         These Terms apply to each Order and form the entire agreement between you and Unions NSW in relation to the supply of Goods purchased through the Website.

 

2.2         Any terms proposed by you (including in a purchase order or correspondence) are excluded unless expressly agreed in writing by Unions NSW.

 

3.             Use of the Website

 

3.1         You must provide current, complete and accurate information when placing an Order, including delivery address and contact details.

 

3.2         Unions NSW may suspend access to the Website or refuse an Order where reasonably necessary to protect the Seller’s legitimate interests, including suspected fraud, misuse, or breach of these Terms.

 

4.             Product information, availability and errors

 

4.1.       Unions NSW will take reasonable steps to ensure product descriptions, images, pricing, and availability information are accurate.

 

4.2.       Images are indicative only.  Goods may vary slightly from images shown (for example, due to display settings or manufacturing tolerances).

 

4.3.       Unions NSW may correct errors (including pricing errors) and update information at any time without notice.

 

4.4.       If an Order is affected by a material error (including an incorrect price), Unions NSW may cancel the Order and refund any amounts paid, or contact you to confirm whether you wish to proceed at the correct price.

 

5.             Formation of contract

 

5.1.       Submitting an Order constitutes an offer by you to purchase in accordance with these Terms.

 

5.2.       An Order is not accepted until Unions NSW issues an order confirmation email or dispatches the Goods (Acceptance). 

 

5.3.       Unions NSW may decline or cancel an Order prior to Acceptance, including due to stock unavailability, payment issues, suspected fraud, or an error described in clause 4.

 

5.4.       Unions NSW reserves the right to decline an Order involving the shipment of Goods to addresses outside of Australia.

 

6.             Prices, GST and charges

 

6.1.       Prices are in Australian dollars (AUD) and are inclusive of GST unless stated otherwise. 

 

6.2.       The prices stated on the Website for Goods do not including delivery fees.

 

6.3.       Delivery fees and any other charges are displayed at checkout and will be added to the advertised prices to form part of the total price payable by you. 

 

6.4.       Unions NSW may change prices or fees at any time, but changes will not affect Orders already accepted.

 

7.             Payment

 

7.1.       Payment must be made at the time of placing an Order using the payment methods offered on the Website (Payment Methods).

 

7.2.       By submitting payment details, you represent and warrant you are authorised to use the selected Payment Method.

 

7.3.       Where payment processing is carried out by a third-party payment provider, you also agree to that provider’s terms.

 

7.4.       The Seller may not dispatch Goods until payment is received in full (unless otherwise agreed in writing).

 

8.             Delivery, shipping and risk

 

8.1.       Delivery options, estimated delivery times and delivery fees are set out at checkout or on the Website (Delivery Information).  Any times are estimates only.  

 

8.2.       Unions NSW is not liable for delays outside its reasonable control, including delays attributable to carriers, weather events, strikes, or supply chain disruptions.

 

8.3.       Unless otherwise required by law, risk in the Goods passes to you on delivery to the nominated address (or on collection, if applicable).

 

8.4.       You are responsible for ensuring the delivery address is correct and accessible.  Re-delivery charges may apply if delivery fails due to incorrect details or unavailability to receive the Goods.

 

8.5.       You should inspect Goods promptly after delivery and notify Unions NSW as soon as reasonably practicable of any damage, shortage, or incorrect items (without limiting any rights under the ACL).

 

9.             Collection (if applicable)

 

9.1.       If collection is available, Unions NSW will notify you when the Goods are ready for collection.

 

9.2.       You must collect the Goods within 10 business days of notification.  Unions NSW may charge storage fees or cancel the Order and refund (less reasonable costs) if Goods are not collected within a reasonable time. 

 

10.         Cancellation of Order by Unions NSW

 

10.1.   Unions NSW may cancel an Order at any time prior to dispatch for any reason.  Unions NSW will notify you as soon as possible of cancellation of an Order and will refund amounts paid for the cancelled Order.

 

11.         Refunds and exchanges

 

11.1.   Unless otherwise required by law, you are not entitled to a refund or replacement under the consumer guarantees or otherwise if:

 

(a)    you change your mind, found the Goods cheaper elsewhere or otherwise decide the Goods are no longer required; or

(b)    the Goods were damaged through misuse or abnormal use by you.

 

11.2.   If you purchased the incorrect size, Unions NSW may, at its discretion, offer to exchange the item for a different size subject to you following the required processes as set out in these Terms. 

 

12.         Consumer guarantees and remedies (ACL)

 

12.1.   Nothing in these Terms excludes, restricts, or modifies any non-excludable rights or remedies under the ACL. 

 

12.2.   Where you are a Consumer, Goods come with guarantees that cannot be excluded under the ACL.

 

12.3.   If goods are faulty, damaged, or do not match their description, you may be entitled to a repair, replacement, or refund for a failure to comply with a consumer guarantee, depending on whether the failure is major or minor (as defined in the ACL).

 

12.4.   Unions NSW may require reasonable proof of purchase and may assess the Goods before providing a remedy.

 

13.         Warranties

 

13.1.   Any manufacturer’s warranty (if applicable) is in addition to rights under the ACL.

 

13.2.   Except to the extent required by law (including the ACL), all other warranties and representations are excluded.

 

14.         Procedure for claiming a refund, repair or replacement

 

14.1.   To claim a refund, repair or replacement, you must contact Unions NSW at reception@unionsnsw.org.au to request a return authorisation.  The request for a return authorisation must include:

 

(a)    the proof of purchase documents including original tax invoice;

(b)    the nature of the request being a request for a refund, repair or replacement; and

(c)    in the case of damaged Goods, photographic evidence of the affected Goods.   Unions NSW will not refund any items without sufficient evidence of the damage.

 

14.2.   Unions NSW will advise you of its preliminary decision regarding the request for a return authorisation within 7 business days of receipt of the request.  Any preliminary decision will be subject to the return of the initial Goods purchased in accordance with these Terms.

 

14.3.   The Goods must be returned to Unions NSW:

 

(a)    at Level 8, 377 Sussex Street, Sydney NSW 2000;

(b)    unused, undamaged, in original packaging, and in resalable condition; and

(c)    within 30 days of the date of purchase.      

 

14.4.   Upon return and inspection of the Goods, Unions NSW will either confirm the preliminary decision, or other advise you of an alternate decision by notice to your email address.  

 

14.5.   If the purchaser fails to comply with the required procedure for claiming a refund or replacement, Unions NSW may issue only a partial refund or no refund in respect of the goods the subject of the request of a return authorisation.

 

14.6.   If a refund is the appropriate remedy in the circumstances, Unions NSW will refund the amount paid in Australian Dollars to the purchaser via the original payment method.

 

14.7.   Except in relation to Goods subject to a major fault (as defined in the ACL), any costs associated with the return of Goods to Unions NSW are your responsibility.

 

14.8.   If Unions NSW accepts that the Goods have a major problem, reimbursement will be made to you for any reasonable return costs you have already paid.  Receipts for postage costs should be kept and provided as proof so that they can be reimbursed by Unions NSW

 

15.         Use restrictions and acceptable conduct

 

15.1.   You must not misuse the Website, including by introducing malware, attempting unauthorised access, or engaging in fraudulent activity.

 

15.2.   Unions NSW may restrict or terminate access to the Website where it reasonably believes you have breached this clause.

 

16.         Privacy

 

16.1.   Unions NSW collects, uses and discloses personal information in accordance with its privacy policy published on the Website (www.unionsnsw.org.au/privacy-statement-of-unions-nsw).

 

16.2.   Where Unions NSW uses third-party providers (for example, payment processors and couriers), your information may be disclosed to them as reasonably necessary to fulfil your Order.

 

17.         General Terms

 

17.1.   Intellectual Property

 

(d)    All intellectual property rights in the Website and its content are owned or licensed by Unions NSW.

(e)    You are granted a limited, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes, subject to these Terms.

 

17.2.   Force majeure

 

(a)    Unions NSW is not liable for any failure or delay in performance caused by events outside its reasonable control (Force Majeure Event).

(b)    If a Force Majeure Event continues for a prolonged period, Unions NSW may cancel affected Orders and refund amounts paid for undelivered Goods.

 

17.3.   Notices

Unless otherwise stated in these Terms, notices to be given to either party shall in writing and shall be delivered by email supplied by you to Unions NSW, or to Unions NSW at its registered office. 

 

17.4.   Variation of these Terms

(a)    Unions NSW may update these Terms from time to time by publishing the revised version on the Website.

(b)    The Terms applicable to an Order are those in effect at the time the Order is placed.

 

17.5.   Severability

If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary to be valid and enforceable; if that is not possible, it will be severed and the remaining provisions will continue in full force.

 

17.6.   Governing law and jurisdiction

(a)    These Terms are governed by the laws of New South Wales, Australia.

(b)    The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of the Commonwealth of Australia.