Terms and Conditions
About Our Terms and Conditions
In our Terms and Conditions "we" and "us" mean Horsley Wholesale ABN 41 163 837 564 of PO Box 103, Horsley ParkIngleburn, NSW 2157 Australia, and "you" refers to you as the customer. Our Terms and Conditions together with your Order constitute a Contract between us and you for the supply and delivery or pick up of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
Australian Sales and Selected International Locations Only
We sell and ship Products within Australia. We will make deliveries outside of Australia where all shipping expenses are covered by you.
Legal Capacity To Transact
If you are under the age eighteen (18) years you cannot place orders with Horsley Wholesale without direct consent from a parent or guardian. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years or have direct consent from a parent or guardian. Should Horsley Wholesale suffer any damage or other losses as a result of a transaction entered into by a minor, Horsley Wholesale reserves the right to seek compensation for recovery of any losses incurred from the parents or guardians of the minor who caused any order(s) to be placed with Horsley Wholesale.
Placing Your Order
You may place an Order by making a purchase on eBay or filling in the Order Form on the Horsley Wholesale Web Site and clicking the "Submit My Order" button. When you place your Order, we will issue you with an Order Number and a copy of the order placed. We will do this by email or directly on the site where you can save or print a copy of the order. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the Horsley Wholesale website constitutes an invitation to treat. Orders should automatically include any postage charges, but where the website is unable to apply relevant charges, Horsley Wholesale reserves the right to request and apply the relevant charges to you after You have completed your order. No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Horsley Wholesale will make every effort to supply Products to you. We will notify you that your order is being processed by sending you a payment confirmation Your original tax invoice will be attached to the goods; however, we do not formally accept your offer until your order has passed our internal validation procedures and payment confirmation and for the purpose of preventing credit card or payment fraud. Payment types may carry a clearance period and expected delivery dates may or may not reflect this. Horsley Wholesale reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
Horsley Wholesale currently accepts PayPal, Direct Deposit, Visa and Mastercard, Cheques and Money Orders. Order processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will not begin order processing until the next business day. Business days are Monday through Friday, excluding NSW Public holidays. We process credit card and PayPal payments after you click the "Submit My Order" button or where a phone payment ha been made. Where you pay by Direct Deposit you must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that you receive your Order Confirmation. If a Direct Deposit payment is not received within 7 days from the date that you receive your Order Confirmation, Horsley Wholesale reserves the right to cancel the transaction. For credit card and PayPal payments we will provide you with a contact number to call to make the payment with your Order Confirmation. It is Your responsibility to retain a copy of your tax invoice as your proof of purchase and we are not obligated to provide you with a copy 30 days post purchase.
· We are unable to accept credit cards issued by banks outside of Australia.
· Debit cards and cheque cards have daily spending limits and clearance periods that may substantially delay the processing of your order.
· You may be required to provide further identification for additional security reference checks.
Horsley Wholesale purchases include GST within Australia.
Title To and Risk In Goods
Title to all goods will remain the property of Horsley Wholesale and will only pass to you on the later of:
1. Horsley Wholesale being satisfied of the outcome of any credit, criminal or fraud checks in relation to a customer or their purchase;
2. A complete and accurate order being placed and submitted by you to Horsley Wholesale; and
3. The successful processing of your payment.
Unless you purchase additional insurance at the time of placing your order, you assume all risks of theft or loss of goods occurring during transportation and delivery.
Horsley Wholesale always seeks to list Products with the most competitive prices. Horsley Wholesale reserves the right to change prices for Products displayed at Horsley Wholesale at any time before you place an Order. The price of products shown may exclude shipping costs and orders can be combined for a cheaper rate. Shipping cost can be a separate charge which is shown on the product page or it may be incorporated into the price of sale.
Please note that promotional prices and shipping offers do not apply to wholesale, bulk or commercial orders.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. At times when an item is out of stock we may substitute it with an equal or better product choice that will effectively achieve the same result or better. When your Order items have been dispatched, we will email you to confirm shipment of each item a tracking number can be requested for each item.
At Horsley Wholesale we're always looking for ways to improve your shopping experience. We offer a limited collection service for many of the products on our website, allowing you to save on shipping time and costs by picking up eligible products from our Horsley Park Warehouse.
You must give clear indication either by phone or email if pick up is required and a confirmation of availability and an allocated pick up time will be identified.
Warehouse Address pick up hours:
Address: 71 Cobham St Horsley Park NSW 2175
Hours: Mon to Fri: 9am-5pm (excluding Public Holidays) Sat 9am-12pm. We occasionally travel to Trade Shows and close the warehouse for business. You must always confirm a pick up time and date.
What to Bring - You (or your representative) will need to show photo ID (Drivers License, Proof of Age Card, Passport) and a copy of the Tax Invoice and proof of payment. You will also be asked to provide a signature to validate the pick up of the order. If your order contains heavy/bulky products (eg any individual product weighing more than 15kg) we recommend that you bring someone to assist you. Our staff are happy to take heavy/bulky products to your car/truck/trailer on site but due to liability, are unable to assist you with the loading of your vehicle.
Safety on Site - The Horsley Wholesale warehouse can at times experience a high volume of traffic. When you are picking up goods you must park only in a safe and respectful manner. Always check for traffic before stepping out. If you bring children, they must remain under your direct supervision at all times.
Returns - All returns must be processed via our procedure by contacting our Customer Service department. Please refer to the Returning a Product section of these Terms and Conditions for full details. Products without a Return Authorisation (RA) will not be accepted.
Please note that Click 2 Collect is not available for bulk or wholesale orders.
Delivery Of Your Products
Delivery time takes up to 10 working days from the date your payment is received. Please note that Direct Deposit and Cheque payments take an additional 1-5 business days to process. Where you have purchased a Product that is dispatched from one of our supplier warehouses, delivery time after payment processing may take up to 3 weeks. In all instances estimated delivery times will be displayed at the check out for your Product, this is a guide only. Horsley Wholesale makes every effort to deliver your Product according to the estimated delivery times provided by Ebay or Horsley Wholesale at checkout, but many variables do apply. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us here. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier (Australia Post eParcel or Star Track Courier) will leave a card so you can pick-up your Product from your local Post Office or Depot. If you live in an area not serviced readily by couriers, goods will be delivered to the closest delivery point and must be collected by you in an appropriate time frame. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame. Please Note: In some remote/regional areas our carriers can only deliver bulky items to the nearest transport depot. In these instances you will receive notification that your delivery is available for your collection from the transport depot.
Horsley Wholesale offers three options for the delivery of products you purchase:
Standard Delivery: Your product will be delivered for the shipping charge calculated during the checkout process. All transit loss is at your own risk.
Registered: For the additional fee shown at checkout your product will be replaced (or refunded if a replacement is not available) if lost during delivery.
Express: For the additional fee shown at checkout your product will be sent by the fastest possible means.
We want your products to arrive quickly and at the best shipping rate we can offer. Shipping charges are calculated based on product size and the geographical region of the delivery address.
Estimated shipping charges from our Sydney Distribution Centre are based on product size and delivery zone and can be viewed in the table below.
Shipping estimates for individual products can be viewed by entering your postcode on the product page.
Any applicable shipping charges for your order will be shown once your postcode is entered during the checkout process.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
· reject the goods and receive a refund
· reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
· keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a Product is defective you should contact our Customer Service and a Horsley Wholesale Customer Service Representative will assist you. A photo and a report may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of You the customer until the defect is confirmed at which time Horsley Wholesale will reimburse shipping costs. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
Additional Horsley Wholesale Warranties
Horsley Wholesale of 71 Cobham St Horsley Park NSW 2175 may also offers a standard warranty against defects on some Products where stated. You also have consumer guarantees under the Australian Consumer Law (see above). If you believe that a new Horsley Wholesale Product has a defect, you should contact us by email, email@example.com or phone 02 9620 1460. We encourage the notification of claims under this warranty within 30 days by paying for the return of a Product where a claim is notified within that time and we determine that the Product is defective. Where claims are made more than 30 days after delivery, we will require further details of the concern along with full details about the way the product has been used before authorising return of the product. Where a product is authorised for return Horsley Wholesale will pay the cost of returning the product. If you are asked to return a product, follow the instructions given in Returning a Product below. Where a refund is given for a product and the claim is not covered by a consumer guarantee, it may be given as a Refund Credit to Your Account. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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. Replacement Products are covered by the same Horsley Wholesale warranty as that applicable to the original product. They are also covered by consumer guarantees (see Consumer Guarantees above).
Returning a Product
Returning a product if you change your mind
If you change your mind about a purchase or make an incorrect choice and notify us within 14 days of delivery, we will provide you with a store credit or refund for unopened and in new condition products after the goods are returned to us. Any credit will be for the product purchase price only paid less any delivery charges including but not limited to the initial delivery of the item even where the cost is included in the price or marked as free postage. Risk of loss or damage to the goods will not be assumed by Horsley Wholesale until the item has been received at our warehouse.. This Horsley Wholesale Change of mind policy does not apply to: Clearance products, refurbished products, personalised products, used products, or if specifically noted as excluded on the product listing or emails. Consumer guarantees (see above) apply to all products.
Return Authorisation Number - A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective , Customer Service will issue you with an RA. Products cannot be returned without an RA. The Product should be returned to Horsley Wholesale within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
Organising the Return of Products
Products must be returned whenever we agree to provide you with a refund or replace the Product. Where you received a defective Product by Australia Post eParcel, Customer Service will email you a PDF voucher containing an RA which you must affix to the product Horsley Wholesale will pay for returned items automatically if you notify us of your claim within 30 days of delivery. You must then take the Product to any Australia Post Office for return. Where you have received a defective Product by our courier service, we will make arrangements with our courier service for collection of the Product, and will notify you when they will collect the Product from you. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email you a PDF voucher containing an RA which you must affix to the product.
When a Replacement Product is arranged
· A replacement for the same Product that you ordered will be shipped to the delivery address on the original order at our expense after we have received your returned Product.
· The delivery time for the replacement Product will be the same as stated for the original Product.
· Consumer Guarantees apply to all replacement products.
Some Products - Manufacturer Warranty
Some Products sold through Horsley Wholesale are serviced and supported by the manufacturer or supplier. Horsley Wholesale recognises that customers purchasing some products, such as electric fence energisers require a high level of support therefore we may ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a consumer guarantee, Horsley Wholesale will provide a suitable remedy.
Credit Card Fraud
While Horsley Wholesale employs Secure methods for its transactions with our customers, Horsley Wholesale will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Horsley Wholesale. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. Horsley Wholesale reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to you are those on our website and eBay site at the time you order A product. No Horsley Wholesale employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, Horsley Wholesale is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Horsley Wholesale and Horsley Wholesale shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales