Effective: July 2017
Please review the following Terms and Conditions of Sale and
the Terms and Conditions of Website Use (collectively, Terms and Conditions)
that govern your use and purchase of products on our site. Your use of our site
In these Terms and Conditions, "we",
"us" or “Rogerseller ”means Rogers Seller & Myhill Pty Ltd ABN:
51 004 222 422 and "you" means the person, organisation or entity
that purchased the products or related services from us.
1.1. You may place an order
with us by completing and submitting to us an online order form on our
website. We may at our discretion accept or reject an order depending on
a variety of factors, such as availability of the ordered products or our
ability to validate payment for the products. You must not order products or
services from us if you are less than eighteen (18) years of age. We may, at
our discretion, treat any order by a person under eighteen (18) years old as
1.2. Please choose your
products carefully. Prices can change and so you should check the latest price
on our website. It is your responsibility to check the order (including all
pricing, quantities and product information) before you complete the online
1.3. We will advise you of
your "order reference number" via a confirmation email once your
checkout process is complete. However, if you are paying by credit card, debit
card or PayPal we will not complete your order until your payment has
passed our internal validation procedures. Once your payment has been
validated, we will process your order and let you have an order reference
number. Please keep your order reference number for future reference.
1.4. Once we have given you an
order reference number, a binding agreement will come into existence between
you and us and only these Conditions of Service will apply in relation to the
supply of the ordered products. Subject to clause 2, no changes to these
Conditions of Service will be effective unless we both agree to the changes in
writing. If you wish to cancel your order we ask that you advise us at least
one (1) business day before your planned delivery date and you will receive a
full refund subject to these Conditions of Sale.
2.1. We do our best to keep in
stock most products that are advertised by us. All stock availability as
represented on our website or by our sales or Client Services Team is accurate in
accordance with our current stock levels, however, these stock levels are
subject to change without notice.
2.2. If, for any reason, we
cannot supply a product you have ordered, we will let you know over the phone
or contact you using the details provided by you at the checkout process to
amend, cancel or put your order on backorder as agreed with you. If you choose
to put your order on backorder, we will contact you to arrange for delivery
once the product is available.
3. Price and Payment
3.1. The price payable for a
product is the one set out on our website at the time you place your order. All
prices are inclusive of GST. We make every effort to ensure prices and product
information on our website is correct and up-to-date. Prices for our products
displayed on third party websites may not be correct and we are not bound by
3.2. We accept payment by
VISA, MasterCard credit cards, or PayPal.
3.3. Your credit card details
will be encrypted to minimise the possibility of unauthorised access or
disclosure. Whilst we employ the latest technology and use PayPal’s Pay flow
secure payment gateway, we will not be responsible for any loss or damage
(whether direct or indirect) suffered by you if your credit card is
fraudulently used or is used in an unauthorised manner by a third party.
3.4. If you have a
promotional/discount/coupon code, you will be prompted to enter the code at the
checkout and this will generate a discount from your cart value or add an
incentive. To activate, simply enter a valid code then click the
"Apply" button. All promotional codes have a unique set of terms and
conditions automatically applied when issued and are only valid at our
discretion. Promotional codes cannot be used in conjunction with any other
offer or discount. If you are unable to use a promotional code, please contact
our Client Services Team.
3.5. Your tax invoice will be
sent to you when the items you have ordered are delivered. Your tax invoice is
your proof of purchase and may be required for any warranty claims.
4.1. We deliver to all areas
in mainland Australia, including the Sydney, Melbourne, Perth, Brisbane and
Gold Coast metropolitan areas. Please refer to our Delivery Service page for
full disclosure of delivery charges and delivery options.
4.2. If you need to change
your delivery address, please phone 1300 781 966 at least 24 hours before
the scheduled delivery date. If you are not available to take delivery on the
agreed delivery date, you will be charged a delivery fee for each additional
4.3. If you would like next
business day delivery of the product (Express delivery), you will need to place
your order by 12noon (AEST time) on the previous business day, the product must
be in stock and you must be in our next day delivery area as indicated our
Delivery Service page.
4.4. We will deliver to the
delivery address specified by you when you place your order on the agreed
4.5. We may deliver the
products via a range of delivery methods. All deliveries must be signed for,
depending upon which delivery method we use:
4.5.1. Delivery by one of our drivers - our
driver will need to see a photo ID of the person who placed the order or that
person's representative and will keep a record of that ID. If neither you nor
your authorised representative is at the delivery address to take delivery, our
driver will leave a notice in your letterbox or under your front door advising
you of our contact details so that you can contact us to organise another
4.5.2. Delivery by our contracted courier
company - if neither you nor your authorised representative is at the delivery
address to take delivery, the courier company or the manufacturer will leave a
card with our contact details so that you can contact us to arrange another
delivery time and date.
4.5.3. Delivery by Australia Post - if neither
you nor your authorised representative is at the delivery address to take
delivery, an "Article Awaiting" card will be left at the delivery
address and your order will be taken to the Australia Post Office suitable to
store the product until you are able to go and pick it up. In these
circumstances our obligation to deliver the product to you is satisfied when
the "Article Awaiting" card is left at the delivery address.
4.6 Our Client Services Team will call you prior your scheduled
delivery day as a reminder. You or your nominated contact is required to accept
and sign for the goods. If you need to change your delivery date please contact
Client Services 1300 781 966, 48 hours prior your original scheduled delivery
4.7 Storage - We offer one month’s free storage from your original delivery date. Delivery of goods must be received within this time. If items are not taken by this time storage & administration fees will apply.
5. Title and Risk
5.1. Notwithstanding delivery
of the products to you, title in the products will not pass to you until the
later of delivery or your payment has been processed or otherwise received by
us. If your payment is declined for any reason we reserve the right to reclaim
the products from your possession, custody or control even if they have been
delivered to you or moved from the delivery address. We reserve the right to
keep or sell the products. Risk of loss, damage or deterioration to any
products will pass to you on delivery.
5.2. You acknowledge and agree
that clause 8.1 creates a purchase money security interest in the products
which we are entitled to register as such under the Personal Properties
Securities Act 2009 (Cth) ("PPSA"). To the extent permitted under the
PPSA, we each agree to contract out of the provisions listed in section 115 of
the PPSA. You waive your right to be provided with verification statements
under section 157 of the PPSA. We agree that neither of us will disclose to any
third person information referred to in section 275(1) of the PPSA and that
this is a confidentiality agreement for the purposes of section 275(6) of the
6. Warranties and Limitation of Liabilities
6.1. Statutory Guarantees:
6.1.1. All goods sold to the Customer come with guarantees that cannot be excluded under the Australian Consumer Law so that such guarantees (the “Statutory Guarantees”) are given by ROGERSELLER in respect of which:
6.1.2. If the Customer believes the goods do not comply with the Statutory Guarantees, the Customer must contact ROGERSELLER whereupon:
6.1.3. No other guarantees or warranties apply to the goods sold to the Customer unless a further and additional warranty, in writing, is provided by ROGERSELLER to the Customer
6.2. Implied Warranties:
6.2.1. These Terms and Conditions do not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute or clause any part of this clause to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
6.2.2. ROGERSELLER’s liability for breach of a non-excludable condition or warranty is limited at ROGERSELLER’s option, to any one of the following:
220.127.116.11. The replacement of the goods or the supply of equivalent goods;
18.104.22.168. The repair of the goods;
22.214.171.124. The payment of the cost of providing replacement goods or of acquiring equivalent goods; or
126.96.36.199. The payment of the cost of having the goods repairs.
6.2.3. ROGERSELLER will not be liable for any direct loss or damages whatsoever, including consequential loss, loss of profits, loss of opportunity and/or loss of use.
6.3. Additional Warranties:
6.3.1. ROGERSELLER offers the following additional warranties:
188.8.131.52. All ROGERSELLER Tapware, bathroom fittings and sanitary ware are covered by a five (5) year warranty from date of purchase;
184.108.40.206. Due to manufacture’s conditions, the warranty on flexible hoses, cistern mechanisms and soft close seats is 12 months parts and labour from date of purchase;
220.127.116.11. ROGERSELLER will undertake to repair or replace free of charge any faulty product due to defect in materials or workmanship (within the warranty period).
18.104.22.168. ROGERSELLER (or their nominated agency) reserve the right to assess, repair, replace or service any warranty claims as they see fit.
22.214.171.124. These additional warranties exclude any defect or injury caused by or resulting from misuse, abuse or neglect, accidental damage, improper installation or other alterations or modifications which affect the reliability or performance of the unit not attributed to faulty manufacture.
126.96.36.199. ROGERSELLER is not responsible for indirect or consequential loss or damage suffered in connection with any manufacturing faults in a product.
6.3.2. ROGERSELLER will not honour Warranty claims where:
188.8.131.52. Products are not installed by a licensed plumber and/or electrician
184.108.40.206. Products are not installed to relevant National Standards and State Regulations
220.127.116.11. Products are not installed in accordance with the manufacturer’s installation instructions
18.104.22.168. Water pressures that exceed stated limitations as per the Product installation instructions.
22.214.171.124. Water pressures that exceed stated limitations as per the Product installation instructions. Note: AS/NSA 3500.1-2003 (Clause 3.3.4) specifies 500kPa maximum water supply pressure at any outlet within a building for new installations. Note: The 500kPa maximum water supply pressure doesn’t apply to fire service outlets.
126.96.36.199. Hot Water System delivery temperature at the outlet exceeds 55 degrees Celsius
188.8.131.52. Isolation stop taps are not fitted as stated on manufacturer’s installation instructions
184.108.40.206. Fitting of other devices to the outlet of tapware (e.g. Water Filters)
220.127.116.11. Fitting of non-approved parts in tap body or end of line water flow regulating devices
18.104.22.168. Claims where repair or replacement works undertaken without prior approval by Rogerseller Warranty or where works are undertaken by a non-approved service agent shall be rejected.
22.214.171.124. Product used with water additives i.e. Cleaning and deodorising additives in cisterns
126.96.36.199. Fair wear and tear, such as working seals in the inlet and outlet valves, including scratching from cleaning etc.
188.8.131.52. Inappropriate or non-approved connection fittings connecting Products to sewer
184.108.40.206. Non-written approved modifications to the Products
220.127.116.11. Damage as a result of obstructions due to inadequate flushing of system before use and problems caused by water supply (including silt, thread tape, silicone, copper shavings, corrosion and excess water pressure)
18.104.22.168. Failure to regularly clean or replace dirty or blocked outlet aerator inserts in tapware and/or shower heads etc.
22.214.171.124. Service or repairs with non-standard replacement parts previously undertaken without our written approval
126.96.36.199. Removal or non-installation of flow regulator in tapware or showers or regulated check valve or check valves in hand showers or veggie mixers
188.8.131.52. Damage to finishes by adhesives, sealants or abrasive cleaners etc.
184.108.40.206. Damage to finishes which arise from installation or post installation use
220.127.116.11. Damage due to abuse of Product as determined by an authorised Service Agent or Rogerseller Warranty
18.104.22.168. Failure to observe manufacturers care and maintenance instructions
22.214.171.124. Harsh detergents or abrasive cleaners and products used in a commercial application will not be covered by the warranty.
126.96.36.199. Additional work will require authorisation from Rogerseller Warranty
188.8.131.52. Any other failure to comply with instalment, usage, cleaning requirements or procedures, except to the extent that a customer can demonstrate that at the time of purchase the Product was faulty or defective and at that time the customer was not aware of such fault or defect.
184.108.40.206. Where Goods are coupled with a product not supplied by Rogerseller, Our warranty is limited only to Our Product
220.127.116.11. Claims where the ceramic cartridge has malfunctioned due to the presence in the water supply of:
18.104.22.168. Items labelled as Clearance - Any item specified as Clearance (whether online or in-store) is covered by a 12 month limited warranty.
6.4.1. In respect of any warranty application to the goods sold to the Customer, no claim by the Customer, whether for alleged damaged or defective goods, shortage or for any other cause whatsoever, will be recognised by ROGERSELLER (and all such claims will be deemed absolutely waived by the Customer) unless notified in writing to and received by ROGERSELLER within thirty (30) days after the date of delivery or collection as the case may be.
6.4.2. In the event that problems are encountered with installing ROGERSELLER’s products, and the Customer does not contact ROGERSELLER for assistance or clarification at the time of encountering such problems, ROGERSELLER will not be liable for any additional, ancillary or consequential loss, expenses or charges associated with installation.
7. Returns and Refunds
7.1. In addition to your
rights under clause 6, we will gladly accept return of products and issue
refunds, subject to the following and payment of a non-refundable collection
fee of $50 (inclusive of GST) or the amount of the original delivery fee,
whichever is greater: (a) all returns must be lodged to Rogerseller Client Services
(Phone: 1300 781 966 or Email: email@example.com) within 30 days
after delivery. Our Customer Service Team will arrange collection or advise
whether goods can be returned to our showroom. Any goods heavier than 22kgs
will not be accepted for return at our showroom due to OH&S standards. (b)
Goods must be in the same condition as delivered, with no damage or markings on
both the product and packaging. (c) If an exchange is not made at the time of
return, you will incur a restocking fee of 15% of the purchase
price to cover our return costs; or
7.2. Subject to clause 6, we
will not accept for return any product that has been used or installed or where
you have attempted to install it, or if your product is custom-made or is a
special buy product. If your product is eligible for return pursuant to clause
6, please contact our Customer Service Team to arrange for return.
7.3. Product returns are not
accepted for Kitchens, Furniture or Special Items, except when ROGERSELLER is
7.4. You must adequately
package any product you are returning for our collection to ensure that it is
not damaged during return delivery to our warehouse. All original items including
packaging must also be returned. We will arrange for any products you want
returned to be collected, usually within 3 business days.
7.5. If you are entitled to a
refund, we will only give you the refund once we have received the product at
our warehouse and inspected it and assessed whether it is eligible for a refund
under these Conditions of Sale. Any refund we make will be by the same payment
method used to purchase the product, except for cash payment, which will be
refunded by cheque.
8. Force Majeure
8.1. We will not be liable for
any delay or failure to perform our obligations under these Terms and
Conditions if such delay is due to any circumstance beyond our reasonable
control. If we are delayed from performing our obligations due to such a
circumstance for a period of at least 3 months, we may terminate our agreement
with you by giving you 5 business days' written notice.
9.1. We may change any
provision in these Terms and Conditions without notice so we advise that, even
if you are a frequent purchaser from us, you check these Terms and Conditions
whenever you want to purchase products from us. Any change of these Terms and
Conditions will only apply to future orders. None of our agents or employees or
any third parties have any authority to change these Conditions of Sale.
9.2. We reserve the right to
refuse supply of the products or services ordered by you, terminate our
contract with you or terminate your account with us, and to remove or edit
content on our website at our sole discretion and without incurring any
liability to you.
9.3. You must not assign any
rights and obligations under these Terms and Conditions whether in whole or in
part without our prior written consent.
9.4. Any notice in connection
with these Terms and Conditions will be deemed to have been duly given when
made in writing and delivered or sent by email, facsimile or post to the party
to whom such notice is intended to be given or to such other address, email
address or facsimile number as may from time to time be notified in writing to
the other party.
9.5. If any provision of these
Terms and Conditions is invalid, illegal or unenforceable, these Terms and
Conditions take effect (where possible) as if they did not include that
9.6. Any failure by a party
to insist upon strict performance by the other of any provision in these Terms
and Conditions will not be taken to be a waiver of any existing or future
rights in relation to the provision.
If you need to contact us for any reason, please do so using the contact details below:
Rogers Seller & Myhill (Rogerseller)173-177 Barkly AvenueBurnley VIC Australia 3121P: 1300 781 966E: firstname.lastname@example.org
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