Terms and Conditions
1. Website Operator
This website (www.everlastwelders.com.au) is owned and operated by OWS Distribution Pty Ltd (ABN 89 645 130 767) (“OWS”, “we”, “us”, “our”).
Postal address: PO Box 54, Kings Meadows TAS 7249, Australia.
These Terms govern your access to and use of this website and any products or services purchased through it.
2. Trade Mark Ownership and Use
The EVERLAST trade mark is registered in Australia and is owned by Marcus Baucza and Maree Baucza (the “Trade Mark Owners”), Trade Mark Registration No. 1402148. The trade mark was registered prior to the incorporation of OWS and is held personally by the Trade Mark Owners.
OWS uses the EVERLAST trade mark on this website and in connection with the sale and marketing of goods in Australia under licence and authority granted by the Trade Mark Owners.
OWS does not operate in New Zealand and is not responsible for any New Zealand business, distributor, website or entity that may use similar branding or naming. This website is intended for Australian customers.
All other third-party trademarks, brand names, product names and logos referenced on this website remain the property of their respective owners and are used for identification purposes only.
3. Domain, Website and Content Ownership
OWS owns the domain name everlastwelders.com.au and owns and controls this website, including its theme, templates, code, structure, layout, design, copy, product descriptions, graphics, photographs, videos, downloadable files, and original creative content produced for this website (together, “Website Content”), unless otherwise stated.
You may view and print Website Content for personal, non-commercial use only. You must not copy, reproduce, publish, distribute, modify, create derivative works from, or commercially exploit any Website Content without OWS’s prior written consent.
4. Privacy
Our Privacy Policy explains how we collect, store and use personal information. By using this website, you consent to our handling of your information in accordance with that policy.
5. Acceptable Use
You must not misuse this website. You must not attempt to gain unauthorised access, interfere with website performance, introduce malware, scrape content, or use this website to send unsolicited communications.
6. Orders and Terms of Sale
All orders are subject to availability and acceptance by OWS. Dispatch times vary depending on stock availability and freight carrier timeframes.
6.1 Contract Formation
After placing an order, you will receive an acknowledgement email confirming receipt. This is not acceptance. A binding contract is formed only when we confirm dispatch (or otherwise confirm acceptance of your order).
6.2 Pricing and Errors
We aim to keep pricing accurate, but errors can occur. If an error is identified, we may cancel the order and refund you, or contact you to reconfirm the order at the corrected price.
6.3 Payment
Payments are processed at checkout. Refunds (where applicable) are processed in accordance with our refund policy and applicable law.
7. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law.
8. Limitation of Liability
To the fullest extent permitted by law, OWS is not liable for indirect or consequential loss arising from your use of this website or reliance on information on it. This does not limit any liability that cannot be excluded under the Australian Consumer Law.
9. Linked Sites
This website may contain links to third-party websites. OWS does not control those websites and is not responsible for their content, policies or practices.
10. Changes to These Terms
We may update these Terms at any time by publishing a revised version on this page. Continued use of the website constitutes acceptance of the updated Terms.
11. Governing Law
These Terms are governed by the laws of Tasmania, Australia. You submit to the exclusive jurisdiction of the courts of Tasmania.