TERMS & CONDITIONS

This website is owned and operated by City Cooling Pty Ltd ABN 76 166 369 759. In the Terms and Conditions set out on this page and others throughout this website, City Cooling Pty Ltd will be referred to as “we”, “our” or “us”. The person, organisation or entity that has used this website or purchased a product/s or related services from this website or over the telephone will be referred to as “you”, “your”, “consumer” or “Customer”.

Please read through these Terms and Conditions carefully as these form the agreement under which we will supply products and services to you. By completing the check-out process, using the services, or by viewing or browsing the site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.

These Terms and Conditions apply to all sales made by us to consumers whether products and services are purchased via; this website, over the telephone or another source by which our stock is sold (Store at Woolloongabba). Please be advised that we reserve the right to alter, add to or delete from these Terms and Conditions from time to time without notice. These Terms and conditions shall be governed by and construed in accordance with the laws of Queensland and Australia.

If you do not agree to these Terms, you may not access or otherwise use the site and the services offered on the site.

Accessing the Site

1.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the services are available, temporary interruptions of the services available through the site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

1.2 All content and services provided on or through this site are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this site is solely at your risk.

1.3 We reserve the right to withdraw or amend the services and content we provide on the site without notice. We may restrict access to some parts of or the entire site, from time to time.

Registration Information and Passwords

2.1 You do not need to register to the site in order to purchase products and are welcome to checkout as a guest. You may register for a user account if you wish. Customers must provide minimum personal details relevant for the order and delivery of the Item. We may change this in the future to only allow purchases to be made by registered Customers only. Any personal data or information provided by you is processed by us in accordance with our Privacy Policy. By registering to the site and providing any such data or other personal information:

(a)You agree to the terms of our Privacy Policy.

2.3 Customers acknowledge and agree that their details and purchase history may be stored and retrieved.

Scope of Services

3.1 The site and services are provided to Customers for individual use, by you, for your business, or for your own personal use.

3.2 The site and services allow for Customers to browse air conditioning products and supporting information and advice. City Cooling Pty Ltd only provides the site and the services as an e-commerce platform and enquiry for advice, support and installation. City Cooling Pty Ltd does not recommend or endorse any particular products or manufacturers. The site and services are not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products. City Cooling Pty Ltd strongly advise Customers to exercise caution and do their own due diligence in conducting any transactions through the site and services.

3.3 Customers agree to provide all the information and materials as may reasonably be required by the site in relation to transactions conducted on, or through, or as a result of the use of the site. The site has the right to suspend or terminate any orders if the Customer fails to provide the information and materials as required by the site.

3.4 We may refuse to process a transaction for any reason or refuse to provide the services to anyone at any time at our sole discretion. The site or City Cooling Pty Ltd will not be liable to you or any third party by reason of such a refusal or by reason of the unwinding or suspension of any transaction after processing has commenced.

Disclaimer

4.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

4.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the services or the content contained on the site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the services or that the operation of our site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the site or the services.

Third Party Websites

5.1 The services, downloadable content or any Item listed may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the services. These websites and content are not under our control and are not maintained by City Cooling Pty Ltd. We are not responsible for the content of those sites. We only provide links to external websites or downloadable documents as a convenience, and the inclusion of such a link to external websites or downloadable content do not imply our endorsement of those websites or documents. You acknowledge and agree that when you access other websites on the Internet or download documents, you do so at your own risk.

5.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.

Intellectual Property

6.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

6.2 We own and retain all proprietary rights to the site, the services provided through the site, and all associated Intellectual Property rights. You are permitted to use the services only as authorised by us. As a Customer, you are granted a limited, non-exclusive, revocable, non-transferable right to use the site and services to create, display, use, play, and download content subject to these Terms.

6.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

6.4 You must not modify the physical or digital copies of any content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

6.5 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Customers are those of the respective author(s) or distributor(s) and not of City Cooling Pty Ltd

Orders

7.1 We sell and ship products within Australia only. By placing an order on this website, over the telephone or at our store, you make an offer to us to purchase the goods and/or services you have selected based on these Terms and Conditions.

7.2 You may place an order with us on our website, in our store or over the telephone. 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.

7.3 Please choose your products carefully. Prices can change and so you should be sure to check the latest price on our website. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order or in store. Product images, product specifications and product information including product brochures and user manuals may vary as these can be changed at any time by suppliers and may not be updated instantly on our website.

7.4 We confirm acceptance of your order when you receive a “Complete” status on your order confirming your order has been dispatched with any relevant tracking details. We will advise you of your “Order Reference Number” via a confirmation email or over the phone once your checkout process or phone order is complete. If you are paying by credit card, debit card, EFTPOS, or via any other payment options we offer, 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 send your official Tax Invoice. Please ensure you keep a record of this.

7.5 Once we have given you a Tax Invoice, a binding agreement will come into existence between you and us and only these Terms and Conditions will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Terms and Conditions 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 within one (1) business day after your order has been placed and you will receive a full refund subject to these Terms and Conditions.

7.6 Prior to dispatch, we may be required to perform a security check on orders placed. In the case that we perform a security check, we may ask for the following via photos or scanned copies: a copy of the credit card used for the order (you may cover the first 12 digits for security reasons), a copy of your valid photo ID displaying the delivery address, or any other items we may require to validate your order. We may be required to cancel and refund your order if you do not adhere to our security check, or we reject it for not being validated as per our own discretion.

Availability

8.1 All stock availability as represented on our website or by our Sales or Customer Service Team is accurate in accordance with our last known stock levels with each manufacturer, however, these stock levels are subject to availability and may change without notice.

8.2 If, for any reason, we cannot supply a product you have ordered, we will inform you over the phone, email or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder if 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. “ETA” items are not guaranteed to be provided as our information is provided directly from the manufacturers and changes may occur. In any such event we apologise for the inconvenience this may cause and we will work together with you to ensure any issues are rectified at the first available opportunity.

Price and Payment

9.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All orders placed on this website are in Australian Dollars (AUD) and all prices are inclusive of GST. Subject to clause 9.6, we make every effort to ensure prices and product information on our website or advertisements are correct and up-to-date.

9.2 We accept payment by VISA credit cards, MasterCard credit cards, or via any other payment options we offer on our website.

9.3 Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use a 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.

9.4 If you have a promotional/discount/promo code, you will be able 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 Customer Care Team.

9.5 Your tax invoice will be sent to you via email and may be sent when your orders are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.

Delivery

10.1 Shipping is calculated based on location and prices are provided on our website and then at the checkout page.  We will contact you if you are required to pay more shipping.

10.2 Orders are usually shipped within 1-3 business days from our Brisbane warehouse where stock is available. Please allow up to a maximum of 5 business days for your order to arrive. Please contact our customer service team if your order has not been delivered within the maximum time frame. Deliveries occur during Business Days and usually within Business Hours. Weekend, or afterhours deliveries may be requested but are treated on a case by case basis and are subject to an extra charge if applicable.

10.3. We deliver to most areas in South East Queensland, Australia. If you live elsewhere in Australia, we will be happy to arrange delivery but please contact customer service to arrange a quote.

10.4 You may request a date for delivery and we will do our best to arrange delivery on that date. If we cannot deliver on your preferred day, we will contact you as soon as possible.

10.5 If you need to change a delivery date or the delivery address, please contact our Customer Care Team within one (1) business day after your order has been placed. If you are not available to take delivery upon the first delivery attempt of the item, you will be charged a delivery fee for each additional delivery attempt.

10.6 We will deliver to the delivery address specified by you when you placed your order on the agreed delivery date.

10.7 We may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use:

(a)delivery by one of our drivers – upon delivery, for security reasons you may be required to present to our driver a valid Australian photo ID of the person who placed the order displayed on your City Cooling Pty Ltd invoice or that person’s representative. The driver will keep a record of that ID. Please note that we reserve the right to refuse delivery if suitable identification cannot be provided and a redelivery fee will be charged if the item needs to be redelivered. Our drivers will call prior to delivery. If neither you nor your authorised representative is at the delivery address to take delivery or have failed to answer their phone call, our driver may not attempt delivery and we’ll have to reschedule.

10.8 We cannot commit to an exact delivery time on the day of delivery. If delivery is by one of our drivers, the driver will contact you on the morning of delivery with an approximate delivery window.

Installation for Appliances

11.1 We offer installation services and quotes can be provided by calling the Customer Service Team.  All installations quotes are subject to their own Terms & Conditions

Disposal and Removal of Old Appliances

12.1 We  offer disposal and removal services where new units are being installed only.  We do not offer disposal and removal otherwise.

Title and Risk

13.1 If your payment is declined for any reason and delivery has been made, 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.

13.2 Risk of loss, damage or deterioration to any products will pass to you on delivery.

13.3 You acknowledge and agree that clause 13.1 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”).

13.4 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 PPSA.

Warranties

All Brand New products come with a minimum 12-month manufacturer’s warranty (unless otherwise specified). You must contact the manufacturer directly in relation to any warranty claims and the relevant contact details can be found on our Warranty page.

14.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL”) (or any liability under them) which by law may not be limited or excluded. If you are a “consumer” under the ACL, the following notice applies to you:

“Our goods come with warranties and guarantees that cannot be excluded under the ACL (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

14.2 Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a “consumer” within the meaning of the ACL, the manufacturer’s warranty may be your sole remedy. However, you should check the manufacturer’s warranty page carefully as many manufacturers’ warranties will not apply in a business or commercial setting. If you would like to make a claim under the manufacturer’s warranty, please contact the manufacture directly. Please refer to clause 15 if you need to arrange for returning the goods to us.

14.3 Subject to this clause 14, and to the extent permitted by law:

(a)All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;

(b)We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) Our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

14.4 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

14.5 To the extent permitted by law, any typographical, photographic, pictorial, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

Returns, Refunds and Exchanges

15.1 In addition to your rights under clause 15, if you change your mind about a purchase please refer to the Refund and Returns Policy for specific requirements which includes non refundable collection fees.

 (a)if your product remains boxed and unopened you may contact our Customer Care Team within 30 days of delivery to arrange for it to be collected and receive a full refund;

(b)if your product has been unboxed but otherwise is as new and have not been used you may contact our Customer Care Team within 7 days of delivery to arrange for it to be collected. You will be required to pay a minimum restocking fee of 30% of the purchase price to cover our return costs which will be deducted from your refund; or Subject to clause 9, we will not accept for return any product that has been used or installed or where you have attempted to install it

15.2 If your product is eligible for return pursuant to clause 15, please contact our Customer Care Team to arrange for return.

15.3 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.

15.4 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.

15.5 The Terms and Conditions set out on this page are in addition to our Returns & Refund Policy.

Please refer to our Returns & Refund Policy for full details on what do in the event of experiencing a faulty or misbehaving product.

Limitation of liability and indemnity

16.1 You agree that we shall not be liable for any damages suffered as a result of using the services, copying, distributing, or downloading content from the site.

16.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

16.3 We do not endorse any product listings, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any product listings created using the services. It is your sole responsibility to ensure the accuracy of the data inputted.

16.4 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the site and services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the site and services. You must not assign or otherwise dispose of your Customer account to any other person.

16.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

16.6 As a condition of your access to and use of the site, you agree to indemnify City Cooling Pty Ltd and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

(a)your access to and use of the site and services; or

(b)your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration or use of the site ends.

Force Majeure

17.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale 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 1-5 business days’ notice.

Termination

18.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the site and services, or suspend or block your access to the site and services.

18.2 We may terminate or suspend your access to the site if there is a failing to make any required payments or fees.

18.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

18.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the site or by sending a communication to any address (email or otherwise) that we have for you in our records.

General

19.1 These Terms and Conditions form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

19.2 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 Terms and Conditions.

19.3 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.

19.4 You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.

19.5 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.

19.6 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 provision.

19.7 Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

19.8 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.

19.9 These Terms and Conditions are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Notice

20.1 By using the site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the site.

20.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.

20.3 Notices will be deemed received and properly served immediately when posted on the site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:

(a)For letters, the letter was properly addressed, stamped and placed in the post; and

(b)For emails, the email was sent to the specified email address.

No Waiver

21.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.

21.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.

21.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 20.

Severability

If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

Entire Agreement

23.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and City Cooling Pty Ltd, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the services.

23.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

Governing Law

These Terms are governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

Updates to These Terms

25.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the site and services. We may restrict access to parts or the entire site and services at any time, including, but not limited to, content, certain features and services, hours of availability, and equipment needed for access or use, without notice or liability.

25.2 Any material on the site and services may be out of date at any given time and we are under no obligation to update such material.

25.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the site and will be effective immediately, unless expressed otherwise.

25.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the site and services. Your continued use of the site and services will be deemed as your acceptance thereof.

We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.

Contact Us

26.1 If you become aware of any ongoing concerns or problems with our website or problems arising as a result of using our website, please contact us as we will take these issues seriously and will work to address these concerns.

If you have any questions, please don’t hesitate to contact City Cooling Pty Ltd.

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