The following terms and conditions of sale (“Terms”) will apply to and form part of any contract for the supply of goods ("Goods”) or services ("Services") by Mustad Pty Ltd (ACN 157 881 206) (“Mustad”) to a customer ("Customer”) via this website ("Website").
1. Prices, orders and payment
Please note that Customers Loyalty Discounts does not apply to products purchased online. Condition Apply.
Please note that not all products featured in catalogue or in-store promotions are available to purchase online. Free freight over $199 only applies to products that appear on the online shop.
1.1 All prices are in Australian dollars and are inclusive of GST.
1.2 The Customer may place an order ("Order") for Goods via the shopping cart on the Website.
1.3 In addition to the price for the Goods, the Customer must also pay any:
(a) delivery charges stated on the Website; and
(b) additional delivery charges that are not shown in the Customer's shopping cart but which Mustad incurs in delivering the Goods to the Customer (e.g. additional delivery charges for remote locations and international delivery charges) ("Delivery Charges").
1.4 An Order submitted by the Customer is an offer by the Customer to purchase the Goods for the price plus the Delivery Charges. Mustad may accept or reject the Customer's Order in its absolute discretion.
1.5 Mustad will notify the Customer by email once it has accepted the Customer's Order.
1.6 Orders may not be able to be changed or cancelled once the Order has been accepted by Mustad.
1.7 When Mustad accepts an Order it represents an agreement by Mustad to supply the Goods to the Customer in accordance with the Customer's Order subject to receiving payment from the Customer and subject to these Terms.
1.8 Payment must be made by credit card or other methods specified on the Website. If Mustad is unable to process the Customer's payment, Mustad may cancel the Order.
1.9 Mustad reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
1.10 Mustad reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Mustad may do this for example, but without limitation, where:
(a) Mustad's suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Mustad's control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Mustad is unable to supply the Goods within a reasonable time; or
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted.
1.11 Risk and title in Goods passes to the Customer on the date and time of delivery of the Goods to the delivery agent (i.e. courier, Australia Post or other third party).
1.12 Where applicable, the Customer is responsible for unloading the Goods from Mustad’s delivery vehicle.
1.13 If Goods are to be collected by the Customer from Mustad’s place of business, delivery of Goods occurs when the Goods are made available to be loaded on the Customer’s vehicle.
1.14 Despite the Customer’s inability to accept delivery of the Goods or Services, Mustad will be deemed to have delivered the Goods or Services in accordance with these Terms.
Returns Policy: To return products, please affix postage to your package and send to the following address: Online Orders, Mustad Saddleworld, PO Box 477, Kilmore, VIC, 3764. Unfortunately your postage charges on returns are not refundable. However if you receive product that is faulty or supplied incorrectly, please call to arrange an exchange or refund at our expense. Returned products must be in the original condition and packaging and must be returned within 14 days along with the original invoice. You will then receive immediate credit or refund for the full purchase price of the product (excluding packaing and delivery).
2.1 The appearance of products (e.g. colours, sizes and styles) may vary from the products shown on the Website.
2.2 To the extent permitted by law, Mustad may substitute any product that may not be available with one of equal quality and design.
2.3 The Customer agrees and acknowledges that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) the Customer has read any corresponding written description of the Goods prior to submitting an Order;
(c) where Mustad provides dimensions and measurements in the descriptions of the Goods, it is the Customer's responsibility to ensure the actual size of each item is suitable for its purpose and prior to submitting an Order; and
(d) an accessory featured with the Goods is for illustration purposes only, and may be sold separately.
3. Intellectual Property
3.1 The contents of the Website are owned by Mustad. Mustad, the Mustad logo and all product names and logos appearing on the Website are among the trademarks and service marks owned by Mustad or other entities. Unless Mustad agrees otherwise in writing, the Customer are provided with access to the Website only for the Customer's personal use and are not conferred by implication, estoppel or otherwise any licence to any patent, trademark, copyright or other intellectual property right except as provided in these Terms.
3.2 Except where such use constitutes fair dealing under the Copyright Act 1968 (Cth), no materials available on the Website may be stored or transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission of Mustad. The modification, copying or incorporation into any other work or part or all of the material available on the Website in any form is prohibited save that the Customer may:
(a) print or download extracts of the material on the Website for the Customer's non-commercial, informational and personal use (unless such printing or downloading is expressly prohibited); or
(b) copy the material on the Website for the purpose of sending it to individual parties for their personal information provided that the Customer acknowledge Mustad as the source of the material and that the Customer informs the third party that these Terms apply to them and that they must comply with them.
4. Disclaimer and limitation of liability
4.1 The material on the Website provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account the Customer's individual circumstances or requirements. The Customer should make its own inquiries and if necessary take independent advice tailored to the Customer's specific circumstances before making any decisions.
4.2 Mustad reserves the right to change, add or remove any material on or from the Website without notice.
4.3 In general, Mustad believes that the Website's links to publicly accessible third party pages is legally permissible and consistent with common customary expectations of those who use the internet. If any entity does not wish that the Website links with their site, then Mustad will remove the link from the Website upon their written request. These linked websites do not form part of the Website and are not under the control of Mustad or its related bodies corporate and neither Mustad nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If the Customer follows a link to any such website, the Customer leaves the Website and do so entirely at the Customer's own risk.
4.4 To the extent permitted by law, all implied conditions, warranties, guarantees and undertakings are expressly excluded and Mustad is not liable for any losses, costs, damages, liabilities, outgoings, payments, judgments, penalties and expenses ("losses") arising out of or in connection with:
(a) any use of the Website or any other website to which the Website is linked;
(b) any errors in or omissions from the material on the Website;
(c) any action or decision by the Customer in reliance on the material on the Website;
(d) any use of the information contained on the Website infringing any patent, trademark, copyright or other intellectual property right of any person;
(e) any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software; or
(f) any breach of contract by Mustad or any negligence of Mustad, its officers, employees, contractors or agents,
and the Customer release Mustad from all claims, demands, actions and proceedings for such losses.
4.5 To the extent permitted by law, if Mustad is liable for a breach of a guarantee implied by the Australian Consumer Law then its liability for a breach of any such guarantee will be limited, at its option, to any one or more of the following:
(a) in the case of goods: the replacement of the Goods or the supply of equivalent goods; the repair of the Goods; the payment of the cost of replacing the Goods or acquiring equivalent goods, or the payment of the cost of having the Goods repaired; and
(b) in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.
4.6 To the extent permitted by law, Mustad's aggregate liability (whether in contract, tort or otherwise) in connection with any supply of Goods or Services is limited to the price that the Customer paid Mustad for such Goods or Services.
5. Use of information
5.1 If the Customer uploads or otherwise provides any information or content for the purpose of, or in the course of accessing or using the Website, the Customer agrees that such information or content will be available to Mustad to use in any manner it thinks fit subject to applicable provisions of any legislation including (without limitation) privacy legislation. The Customer should ensure that information or content the Customer provides to Mustad is, at the time of provision, correct and not misleading and notify Mustad as soon as practicable when changes to the information or content are required. The Customer must not upload or otherwise provide any information or content which the Customer knows or suspects is incorrect or misleading, or which is fraudulent, defamatory or offensive or which otherwise infringes the intellectual property, proprietary or other rights of others or otherwise violates any law. The Customer agrees to grant Mustad a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright the Customer has in any information or content. The Customer also agrees to waive, and consent to any acts or omissions which would otherwise constitute an infringement of, any moral rights or similar rights the Customer may have or may acquire in the future in that information or content in Mustad's favour.
6. Governing law
The laws of the State of Victoria of Australia govern these Terms. The Customer submits to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.