WHO WE ARE AND HOW TO CONTACT US

www.aircleanfilters.com.au is a website (Site) operated by Air Clean Products Pty Limited [ ABN 94 632 140 366] (Seller, We, Us and Our).

To contact us, please info@aircleanfilters.com.au OR telephone our customer service line on 1300 234 583.

Use of our Site

Use of our Site and use of the goods and services offered by this Site are subject to the following terms and conditions. By accessing or using this Site or by placing an order online for any goods from this Site you are agreeing to all of the terms and conditions as may be updated by us from time to time.

The terms and conditions shall be read in conjunction with our Privacy Policy.

Definitions

  1. The term ‘Seller or ‘Us’ or ‘We’ or ‘Our’ means Air Clean Products Pty Limited trading as Air Clean Filters and successors, assigns, its related bodies corporate (as that term is defined in the Corporations Act 2001) or any person acting on behalf of and with the authority of the Seller.
  2. The term ‘You’ means the user of the of the website www.aircleanfilters.com.au and all related sites, social media accounts and mobile sites (‘Site’) or the person/s ordering or purchasing the Goods as specified in any invoice, receipt, document or order, and if there is more than one person, the term ‘You’ is a reference to each person jointly and severally.
  3. The term ‘CCA’ means the Competition and Consumer Act 2010.
  4. The term ‘Goods’ means any and all Goods and services sold by Us to You from time to time and where the context so permits, the terms ‘Goods’ and ‘services’ will be interchangeable.
  5. The term ‘Price’ means the price payable for the Goods.
  6. The term ‘Delivery Address’ means the address specified by You during the placing of order process for the delivery of Goods that the Seller will deliver to You under these terms and conditions.
  7. The term ‘Order’ means any order for a Good submitted by You or on your behalf using the Site.
  8. The term ‘Authorised Personnel’ means, if you are a company, your personnel including but not limited to your officers, employees, contractors, consultants and agents.

General

  1. These terms and conditions also govern and apply to your use of the Site and by accessing and using the Site, you are agreeing to these terms and conditions.
  2. These terms and conditions are to be read in conjunction with our Privacy Policy.
  3. You are taken to have exclusively accepted and are immediately bound by these terms and conditions if you place an order with us or accept delivery of the Goods or Goods are supplied to You by Us.
  4. To register an account and/or Order through the Site you must be at least 18 years old, have a current residential address and have capacity to enter into a legally binding agreement with Us.
  5. We may, at any time, unilaterally vary these terms and conditions in Our absolute and unfettered discretion without notice. Every time you wish to use the Site, you should check these terms to ensure you understand the terms that apply at that time.
  6. These terms and conditions may only be ended with our consent in writing.

Payment Terms, Other Fees Payable and Interest Rates

  1. The terms of payment are strictly payment upon placing an Order with Us. 16. We reserve the right to change the Price of any Goods at any time and without prior notice to You.
  2. If You pay by credit card, We may charge a credit card fee of a percentage of the full payment amount.
  3. All prices are quoted in Australian dollars and are exclusive of GST, unless otherwise stated at the time of placing the Order.
  4. Please follow the onscreen prompts to place an Order. Each Order is an offer by You to buy the Goods specified in the Order subject to these terms and conditions.
  5. All prices are subject to change. Prices displayed are only valid at the time that a Good is purchased. Whilst We will endeavor to ensure that all details and pricing which appear on the Site is accurate, errors may occur. If We discover an error You will be immediately contacted by Us.

Custom Products and Measurements

  1. Some of the Goods we sell are custom made according to your measurements and sizing. It is your responsibility to take the correct measurements of your air filter. If you are unsure about any products or how to measure them please call our customer services team for assistance prior to ordering.
  2. It is your responsibility to check the product details and measurements of the Goods before placing your order online or by phone and You are responsible for checking the order via the email confirmation.
  3. We do not accept returns or refund the money if You have provided us with incorrect measurements or You have incorrectly sized or measured your air filter.

Cancellation of Order

  1. We reserve the right to cancel orders if:-
  2. an unauthorized credit card is used;
  3. payment cannot be processed on the credit card provided;
  4. the personal details provided are invalid;
  5. the Good/s ordered are unavailable;
  6. We do not believe we can complete the order for any reason.
  7. You cannot cancel or change Your order if the Goods You have ordered are manufactured,

measured or custom-made to Your requirements.

  1. Once your Order has been accepted by Us in relation to custom ordered Goods, we are unable to accept changes to these Goods or cancellation of your order.
  2. Custom made Goods are custom made to your precise requirements and measurements. Once made our products are suitable only to You and therefore your Order cannot be cancelled or returned.

Delivery of Goods

  1. Delivery of custom ordered Goods may take up to 5-7 business days from the day of dispatch during peak periods. Delivery of non custom ordered goods are generally dispatched for delivery within 5-7 business days from Us accepting your Order.
  2. Delivery of the Goods is taken to occur, and You accept that delivery has taken place at the time that we (or our nominated carrier) delivers the Goods to your nominated Delivery Address even if you are not present at the nominated address at the time of delivery.
  3. The risk of loss of goods shall pass to you upon delivery to your nominated delivery address.
  4. At Our sole discretion, the cost of delivery is either included in the Price or is in addition to the Price. You will be notified of this at the time of placing an order.
  5. You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery.
  6. You agree that We may rely on any person who is at the nominated Delivery Address, and who takes receipt of your ordered Goods, as being a person authorised by You for that purpose.
  7. Any time or date given by Us to You is an estimate only. You must still accept delivery of the Goods even if late and we will not be liable for any loss or damage incurred by You as a result of a delivery being late.
  8. Once the Goods have left Our premises, the delivery route cannot be redirected and the delivery address cannot be changed.

Competition and Consumer Act 2010 (Cth) (CCA)

  1. These terms and conditions of sale that exclude or limit Our liability will apply only to the extent permitted by law. Provisions of the CCA (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These terms and conditions of sale must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which We are entitled to do so, Our liability under those statutory provisions will be limited at Our option to:
    1. the replacement of the Goods or the supply of equivalent Goods; or
    2. the repair of the Goods; or
    3. the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or d. the payment of the cost of having the Goods repaired;
    4. supplying the service again; or
    5. providing for the cost of having the services supplied again.
  2. If We are required to replace the Goods under the provisions of the CCA, but are unable to do so, We may refund any money that You have paid for the Goods.
  3. If You are not a consumer within the meaning of the CCA, our liability for any defect or damage in the Goods is:
    1. limited to the value of any express warranty provided to You by Us at the our sole discretion;
    2. limited to any warranty to which We are entitled, if We did not manufacture the Goods; or c. otherwise negated absolutely.
  4. Subject to the CCA, We shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
    1. You failing to properly maintain or store any Goods;
    2. You incorrectly measuring or sizing your air filter;
    3. You using the Goods for any purpose other than that for which they were designed; d. You continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably person or user of the Goods;
    4. You failing to follow any instructions or guidelines provided by Us;
    5. fair wear and tear, any accident, or act of God.

Warranties, Returns and Refunds

  1. You are responsible for inspecting Goods on delivery and must, as soon as reasonably practicable, and within 24 hours, notify us of any defect in relation to the Goods and upon notification by Us, You must allow Us to inspect the Goods.
  2. Subject to the provisions of the CCA, returns or refunds will be determined at our discretion and provided that:
    1. We have agreed that the Goods are defective; and
    2. the Goods are returned within a reasonable time at your cost (if that cost is not significant); and
    3. the Goods are returned in as close a condition to that in which they were delivered as is possible.
  3. Notwithstanding anything contained in this clause if We are required by a law to accept a return or refund then We will only accept a return or refund on the conditions imposed by that law unless otherwise notified in writing to You by Us in Our absolute discretion.
  4. All accepted refunds will be credited back to the same credit card or Paypal account that You paid from.
  5. Once we receive notification of a request for exchange or refund from You, if the request is accepted by Us, we will email You the location of our premises and where to return the Goods to.
  6. For any Goods returned to Us, regardless of whether they are faulty, or You are seeking an exchange or refund are and remain your responsibility until the Goods reach our premises. We do not accept liability for Goods that get lost or damaged in transit back to Us.
  7. You may be entitled to a refund or replacement if the Goods are found to be faulty or fail to be of acceptable quality. Faults will be assessed and determined by Us and We reserve the right to consult with the manufacturer or supplier.

Jurisdiction

  1. You acknowledge and agree that this agreement shall be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.
  2. You acknowledge and agree that any contract for the supply of Goods or services between You and Us is formed at the address of the Seller.
  3. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant Federal Courts and Courts competent to hear appeals from those courts.

Online Accounts and User Requirements

  1. If you choose, or You are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  2. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these terms and conditions.
  3. You and any Authorised Personnel warrant that:
    1. all information and data provided by You or the Authorised Personnel to Us through the Site (including as part of the customer registration process) is true, accurate, complete and up to date;
    2. the person receiving the Goods at the Delivery Address or collecting the Goods on your behalf is authorised by you to do so; and
    3. You and the Authorised Personnel will comply with all relevant laws relating to your use of the Site and your placement of any Order to Us.
  4. If You are registering an account to use the Site as a company, your Authorised Personnel represents, warrants and undertakes that he or she is a duly authorised representative of yours for the purposes of entering into and accepting these terms and conditions on your behalf and has all necessary, current and valid legal authority to enter into these terms and conditions your behalf and to bind You to them.
  5. By using the Site and its associated functionality, You grant your express consent to the Us to send you direct marketing communications to the email address you provide.
  6. Your account with us is non-transferable.

Your General Obligations

  1. You:
    1. must ensure that your login and password that is used by You or your Authorised Personnel to access the Site and the details of your account are kept in a safe and secure manner;
    2. must notify Us during Contact Hours You (or your Authorised Personnel) is or becomes aware that there is or has been an unauthorised use of your login and password or account, or any other security breach relating to your account;
    3. must promptly advise Us of any changes to your information provided to Us as part of registration process;
    4. are responsible for any costs associated with your (or your Authorised Personnel’s) access to or use of the Site, including Internet access fees;
    5. are responsible and liable for any person that uses your login and password to Order Goods through the Site; and
    6. agree that We may charge you for all Goods that We agree to supply to you that have been ordered using your login and password through the Site.

Online Ordering

  1. Please follow the onscreen prompts to place an Order. Each Order is an offer by You to buy the Goods specified in the Order subject to these terms and conditions.
  2. Our acceptance of your Order will take place when we send an email to you to accept it (Order Confirmation) and once We have:
    1. confirmed stock availability of the ordered product, and
    2. received the necessary credit authorization (applicable for credit card users only).
  3. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your Order. If you have already paid for the Goods, we will refund you the full amount.
  4. You acknowledge and agree that:
    1. We do not guarantee the Sites performance or availability of any of its Goods; and b. online ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
    2. there are inherent hazards in electronic distribution and as such We cannot warrant against delays or errors in transmitting data between You and Us including Orders; and d. You will provide true, correct, current and complete information when using the Site and will ensure that your information is kept accurate at all times;
    3. You will use the Site in compliance with all applicable laws and regulations of your jurisdiction;
    4. You must not use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
    5. You must not create accounts by automated means or under false or fraudulent or pretenses; and
    6. to the maximum extent permitted by law, We will not be liable for any losses which You suffer as a result of online ordering not being available or for delays or errors in transmitting orders;
    7. You will not interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site;
    8. You will not by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Site or any content contained on the Site without express written permission by Us;
    9. You will not breach, interfere (or attempt to interfere) the security of the Site, test or scan the vulnerability of the Site, or make any unauthorised modifications to the Site;
    10. use another person or customer’s details without their permission or impersonate another customer or person when using the Site;
    11. tamper with or hinder the operation of the Site;
    12. use the Site in any way that otherwise breaches these terms and conditions.
  5. We reserve our rights to refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including Orders placed using your account).
  6. In order to place an order using the Site, You must be:
    1. be at least 18 years of age;
    2. have a credit or debit card that We accept;
    3. be authorised to use that credit or debit card.
  7. We do not accept any responsibility or liability for Orders not received by Us.
  8. We reserve the right to reject or refuse, in its absolute discretion, any Order made for Goods at any time.
  9. We reserve the right to terminate your Order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Seller, or violated these terms and conditions.
  10. We are not responsible for any defects, data corruption, failure or performance degradation caused by viruses or any other software components on your hardware or device which may interfere with the performance and operation of the Site. You must take your own precautions to ensure that whatever you select for your use from this Site is free of viruses or anything else that may interfere with or damage the operations of your computer systems.
  11. We are not liable for any loss incurred or damage caused by your use of the Site.
  12. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your technology to access the Site. You should use your own virus protection software.
  13. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
  14. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
  15. We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if your or any of your Authorised Personnel is in breach of these terms and conditions and:
    1. the breach cannot be remedied; or
    2. You fail to the remedy the breach within 10 days of our notice to you of that breach; or c. if there is an emergency.
  16. Where the Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

Formation of Contract

  1. Placement of an Order shall imply acceptance of Our offer and of these terms and conditions.

Risk

  1. Responsibility, risk of damage to or loss of the Goods passes to you on delivery.
  2. If you request Us to deliver and leave Goods outside your premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at such location at your sole risk.

Default, Indemnity and Limitation of Liability

  1. If You owe us any money, You shall indemnify Us from and against all costs and disbursements incurred by Us in recovering the debt (including but not limited to internal administration fees, legal costs of a solicitor and own client basis, our contract default fees, and bank dishonour fees).
  2. You will be in breach and default of these terms and conditions if you breach or default of any of your obligations under these terms and conditions;
  3. Without prejudice to any other remedies We may have, if at any time You are in breach or default of any of these terms and conditions or of any obligation (including those relating to payment) under these terms and conditions, We shall be entitled to cancel all or any part of any Order of yours which remains unfulfilled.
  4. You also indemnify and hold Us harmless for any and all losses, costs, damages, and expenses incurred or suffered directly or indirectly by Us as a result of any breach or default of these terms and conditions.
  5. We are not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by You.
  6. We, including our directors, officers, employees and agents disclaim all responsibility and liability for any loss or damage that may be suffered by You or any third party as a result from the use of our Site or from Goods purchased from Us including loss or damage suffered as a result of negligence.

Waiver

  1. A waiver of any provision or breach of this agreement by Us must be made by an authorised officer of Ours in writing. A waiver of any provision or breach of this agreement by You must be made by You in writing.

Intellectual Property

  1. We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. The Site is our copyright property and the content on the Site is operated and owned by us. 85. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  3. Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
  4. You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from Us or our licensors.
  5. You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from the Site.

Taxes and Duty

  1. You must pay GST on any taxable supply made by Us to You under these terms and conditions. The payment of GST is in addition to any other consideration payable by You for a taxable supply.

Force Majeure

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
  2. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
  3. we will contact you as soon as reasonably possible to notify you; and
  4. our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
  5. We will arrange a new date for delivering the good with you after the Event Outside Our Control is over.

Severance

  1. If any provision of these terms and conditions is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
  2. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.

Privacy Act

  1. You agree to the terms of the Privacy Act 1988 authorisation contained in this document.
  2. We will exercise in good faith in maintaining confidential information and will comply with the Privacy Act 1998 (Cth) (‘Privacy Act’) to the extent that the Privacy Act applies.
  3. We collect personal information for the purposes of conducting our business as an online retailer and trader.
  4. By using the Site and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information: a. your computer’s operating system;
    1. your computer’s browser type and capabilities;
    2. your computer’s Internet Protocol (IP) address and geolocation;
    3. web pages visited, including how you were referred to each web page; and e. web page usage statistics, including the time spent on each web page.
  5. We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law.

PRIVACY ACT 1988 AUTHORISATION

  1. You agree that personal credit information provided may be used and retained by the Seller for the following purposes (and for other purposes as shall be agreed between you and the Seller or required by law from time to time):
    1. the provision of Goods; and/or
    2. the marketing of Goods by the Seller, its agents or distributors; and/or
    3. analysing, verifying and/or checking your credit, payment and/or status in relation to the provision of Goods; and/or
    4. the operation and administration of accounts or subscriptions that you have with us e. processing a refund or exchange of a product;
    5. carrying out certain checks (for example, for our fraud or theft prevention processes); g. processing of any payment instructions requested by you.