- Terms & Conditions
Terms & Conditions
Terms and Conditions
TERMS AND CONDITIONS OF USE FOR WEBSITE
Atlas Wholesale Pty Ltd © Copyright 2012
Thank you for taking the time to make yourself familiar with the terms and conditions applying to the use of
Straps4u.com.au web site, including the purchase of straps and accessories for 4WD, Marine, Tradesmen and any
related items over this web site. In using this web site for these or any other purposes, you agree to be bound by these
terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms
and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Atlas Wholesale Pty Ltd ABN:
52 002 950 370.
Amendments to terms and conditions.
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon
notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to
be bound by the terms and conditions as amended.
You may offer to purchase items described on this web site for the price specified on this web site. Your order must
contain your name, email address, credit card details or Paypal payment notification and any other ordering information
specified on this web site. Within seven days of receipt of your order, we will at our discretion accept or reject your offer to
You may not cancel an order once it has been processed by us.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods 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 of that offer. If we have not responded to you within seven days, your offer
will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on this web site.
Delivery of the items to you will be affected in the manner described on this web site. Title in the goods does not pass to
you until payment has been received. Risk or loss of damage to the goods will pass to you upon dispatch.
Payment must be effected in the manner described on the web site. Prices are inclusive of GST. In all other respects, the
price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of
The goods are offered for sale only to persons who can make legally binding contracts. If you are under the age of 18 years
you should not be making a purchase of items on this web site.
Cancellation due to error.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect
information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction,
notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the
time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase,
we will immediately issue a credit to your credit card account for the amount in question.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly
or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any
such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is
Where legislation implies any condition, guarantee or warranty, and that legislation prohibits us from excluding or modifying the
application of, or our liability under, any such condition, guarantee or warranty, that condition or warranty will be deemed included
but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or
(iv) the payment of the cost of having the goods repaired.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms
and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential
loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services
supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our
obligations as set out in these terms and conditions.
Exception to disclaimer.
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to
the extent, such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose
you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which
arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the
accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept
responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web
We do not give you any assurances that any information contained on this web site will be suitable for your purposes or that it will
be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on
your own independent assessments with the aid of qualified independent advice.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites)
rests solely with the advertiser’s. The placement of such advertisements does not constitute a recommendation or endorsement
by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its
We make no warranty that goods acquired from us over this web site will meet your requirements.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may
not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services
will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the
jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction,
you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there. is a risk of unauthorised access to or alteration of
your transmissions or data or of information contained on your computer system or on this web site. We do not accept
responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this web site (including text, graphics, logos, photographs, icons, sound recordings and software) is owned or
licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and
similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not
in any form or by any means: adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from
any part of this web site; or commercialise any information, products or services obtained from any part of this web site; without
our written permission.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that
trade mark to us. You must not use any of our trademarks:
(a) in or as the whole or part of your own trademarks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive;
(d) in a manner that disparages us or our information, products or services (including this web site).
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are
authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly
prohibited. Without limiting the foregoing, you may not without our written permission on- sell information obtained from this web
Linked web sites.
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may
not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or
operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on
those linked web sites, unless and to the extent stipulated to the contrary.
Colour and Product description
The colours of the products for sale on this web site have been displayed as accurately as possible to what they will be when
delivered however, the colours you see on your screen depends upon your monitor and we are not able to guarantee that the
colour displayed on your monitor accurately depicts the actual colour of the product as delivered to you.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail
message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is
Security of information.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such
information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any
information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will
take reasonable steps to preserve the security of such information.
Termination of access
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such
These terms and conditions are governed by the laws in force in New South Wales in Australia. You agree to submit to the
exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond
our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will
automatically be waived on any other occasion. If any of these terms and conditions is held to be invalid, unenforceable or illegal
for any reason, the remaining terms and conditions shall nevertheless continue in full force.
By proceeding forward with any purchase you are acknowledging you have read, understood and accepted the terms
and conditions above.
We may collect web site visitors' contact information (like their e-mail addresses). Unless you object, this information may be
(a) to send news, information about our activities and general promotional material which we believe may be useful to
(b) to monitor who is accessing the web site or using services offered on the web site; and
(c) to profile the type of people accessing the web site.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us
We utilise "cookies" which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie
does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a
cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal
information, for any purpose which is not incidental to your use of this web site. For the removal of doubt, personal information
will not be used for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to
observe your request but we may still use or disclose that information if:
(a) we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
(b) we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency
responsible for government or public security in the performance of their functions; or
(c) we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail
abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that
individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to
the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
We consider it is the responsibility of parents to monitor their children's use of our web site. Nevertheless it is our policy not to
require personal information from persons known to be under the age of 18 years or offer to send any promotional material to
persons in that category. You are entitled to have access to any personal information relating to you which you have previously
supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.
relating to you which may be in our possession, please contact us on firstname.lastname@example.org