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Trade Terms And Conditions

Welcome to Onestopwholesaler.com (Website).

By accessing and using this Website and the goods and services available through this Website you accept and agree to be bound by these Terms and Conditions including the Terms and Conditions of Sale, Terms of Website Use and Privacy Policy (collectively referred to as Terms and Conditions). 

Please read the Terms and Conditions carefully before placing your Order with Onestopwholesaler.com. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order including specific terms for certain Goods as identified in the product or associated pages on the Website (e.g. supplier direct terms) or as advised in your Quote.

By using this Website you represent that you are at least 18 years old, or you are at least of the minimum legal age to enter into a binding contract in the jurisdiction in which you are viewing the Website.

Please note that we may change these terms and conditions from time to time and any changes will be posted on this Website.  Your use of the Website following any such modification constitutes your agreement to the modified Terms and Conditions.  

If You do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Team on 03 50 231 700 or email sales@onestopwholesaler.com and a representative will be happy to assist you.

Privacy

Our privacy policy, which sets out how we will use your personal information, can be found on our Website at Privacy Policy. By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and warrant that all data provided by you is accurate.

General

The owner and operator of the Website is Dimasi Holdings Pty Ltd (ABN Number 890 0528 0517) trading as One Stop Wholesaler at 55-57 Madden Avenue, Mildura, Victoria 3500 (One Stop, Us or We).  These Terms and Conditions apply to the access and use of the Website and the ordering, purchase, fulfilment and delivery of goods from One Stop and the Website to the Customer. 

In these Terms and Conditions the following definitions apply:

Customer or You means any person, organisation, corporation or entity who accesses the Website, places an Order and/or purchases goods or services from One Stop or on the Website.
Goods means any goods or services offered for sale or sold on the Website and goods or services offered for sale, sold and/or supplied by One Stop.
GST means the goods and services tax as defined in a New Tax System (Goods & Services Tax) Act 1999 as amended.
Quote means a written estimate for the cost of Goods to be supplied by One Stop to the Customer which may include additional specific terms and conditions relating to the quoted Goods.
One Stop means Dimasi Holdings Pty Ltd trading as One Stop Wholesaler (ABN Number 890 0528 0517) located at 55-57 Madden Avenue, Mildura, Victoria 3500.
Order means any order or request to purchase Goods either through the Website, or by phone, fax, mail or email directly to One Stop.
Terms and Conditions means the Terms and Conditions of Sale, Terms of Website Use, Privacy Policy and any additional terms applicable to any Goods or an Order as advised on a Quote or otherwise in writing by One Stop.

 

Terms and Conditions of Sale

Orders

A Customer’s contract for Goods purchased through this Website or with One Stop directly is subject to the Terms and Conditions (Agreement). 

This Agreement is the sole form of contract between One Stop and the Customer and any other Customer terms and conditions will not apply unless agreed by One Stop in writing.  By submitting an Order on the Website or directly with One Stop via phone, email, fax or mail order, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the parties.  No amendment, alteration, waiver or cancellation of these Terms and Conditions is binding unless agreed by the parties in writing.  The Customer acknowledges and agrees that no employee or agent is authorised to make any promise, representation or warranty in relation to Goods sold pursuant to this Agreement, other than as confirmed in these Terms and Conditions or in writing by One Stop.

One Stop may amend or vary the Agreement, Terms and Conditions and any Quote at any time in writing, or by publishing new terms and conditions on the Website.  Such variation or amendment shall only apply to Orders accepted after the date of such notice of variation or if otherwise agreed.

Any written Quote provided by One Stop for any Goods is:

  1. Valid for 30 days;
  2. An invitation to treat only; and
  3. Subject to the Customer accepting the Terms and Conditions.

Any Order, acceptance of a Quote or offer to purchase Goods is subject to acceptance by One Stop.  One Stop is not obliged to accept any Order or to justify refusal to accept an Order.  Receipt of payment for Goods by One Stop does not constitute acceptance by One Stop of an Order.

Upon placement of an Order to purchase Goods, One Stop will send You an email confirming receipt and details of the Order.   This email will be sent to the email address specified in the Order and will detail the Goods ordered, payment method, cost (including any GST) and delivery and handling charges. A further email will be sent by One Stop on dispatch of Your Order. You are responsible for checking the information in these emails are correct and must contact One Stop within 24 hours of such email if any details are incorrect. If an Order has not been accepted by One Stop for any reason, You will receive an email notifying You.

Acceptance of an Order placed by You and completion of the contract of sale for the Goods between You and One Stop will take place when the Goods in Your Order are dispatched.   Such dispatch constitutes acceptance by One Stop of Your offer to purchase goods from One Stop or a third party supplier that is engaged on Your behalf by One Stop.

You are responsible for ensuring the accuracy of information in Your Order and Your billing and delivery details. You warrant that all details provided in the Order for the purpose of purchasing the Goods are correct, that You are authorised to use the credit or debit card You are using and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the Goods.

Certain Goods available on the Website such knives may only be ordered by customers over 18 years of age.  By ordering such Goods You represent and warrant that You are over 18 years of age.

Specifications for Goods may be provided on the Website and You are responsible for ensuring that the Goods ordered meet Your requirements and adhere to any local regulations for import or use in the relevant jurisdiction.  If such specifications are not provided please contact One Stop to obtain specifications for the Goods You require.  One Stop shall not be held responsible or be liable for any Goods which do not meet Your requirements including but not limited to any size/capacity requirements.

Product Pricing and Availability

All prices displayed on the Website are in Australian dollars and unless otherwise stated exclude GST.  GST will be charged in accordance with the relevant regulations in force at the time of the Order.

One Stop endeavours to ensure that all prices displayed on the Website are accurate, however errors may sometimes occur and prices of Goods may change from time to time.  One Stop will be under no obligation to honour any incorrect price.  

We review our prices and discounts offered regularly and discounts displayed on the Website will change periodically.  Any increase in discounts after the date of Your Order will not be applied to Your Order retrospectively.

We hold certain of the Goods listed on the Website in stock, however make no warranty or representation regarding the availability of any Goods. 

If We discover that Goods You have ordered are out of stock, subject to a delay outside of our estimated delivery timeframe, or the actual current price is higher than that shown on the Website, we will try to inform You as soon as possible and give You the option of reconfirming Your Order at the correct price, substituting items in Your Order or cancelling it. Such options are only available in respect of affected Goods and any remaining Goods in Your Order will be processed in accordance with this Agreement.  In such cases, if You cancel an Order which has already been paid for, We will provide a full refund in respect of the cancelled part of the Order.  If We cannot contact You, One Stop will cancel the part of Your Order that is unavailable or incorrectly priced and will continue to process any remaining Goods on Your Order.  

If, due to unforeseen circumstances, it is necessary to substitute an item in Your Order, the item will be of equal or greater value than that which it replaces and substitutions will only be made with Your prior consent.  If a replacement item is of greater value, You will be liable to pay for the difference in values and if the replacement item is or lesser value we shall refund You the difference.

Delivery costs will be charged in addition to the prices displayed for Goods.  Such additional charges are clearly displayed on our Delivery Guide page and will be advised during the checkout process.

Product Information

One Stop endeavours to ensure that all prices, descriptions, images, specifications and information regarding Goods displayed on the Website is accurate, however errors may sometimes occur.  One Stop does not warrant that the pricing, description, specifications or images of the Goods or other content of the Website is complete, accurate, reliable or error-free.

Payment

When we provide any Goods to You under this Agreement, payment will be charged to the credit or debit card provided by You during checkout. Any deposit paid will be deducted from the final payment on any Order. We accept credit and debit card payments by Visa, Mastercard and American Express.

Upon receiving Your Order we may carry out a standard pre-authorisation on Your credit or debit card for the value of Your Order to ensure there are sufficient funds to complete the transaction.  Goods will not be dispatched until Your Order is accepted and this pre-authorisation is cleared.  Your card will be debited once Your payment has been approved.

By placing an Order, You consent to payment being charged to Your credit or debit card account as provided on the Order. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-delivery.

Payment for Goods must be made in full prior to delivery of any Goods. 

Promotional Discount Codes

One Stop may from time to time offer promotional discount codes which will apply to certain specified Goods available for purchase on the Website. The conditions of use relating to Promotional Discount Codes will be specified at the time of issue. A Promotional Discount Code may only be used once and no more than one Promotional Discount Code can be applied to any Order. Promotional Discount Codes must be claimed on submission of Your Order and cannot be applied retrospectively. Promotional Discount Codes cannot be used with any other offer or discount.

Delivery

Delivery prices and options are specified on the Website or will be provided in a Quote.  Such delivery prices and options are subject to change from time to time. 

One Stop will provide the Customer with notification of dispatch and will use its best endeavours to ensure it and its agents meet any estimated delivery timeframes that may be provided, however One Stop and its delivery agents will not be liable to the Customer for any delay in delivery.

One Stop’s obligations with regards to delivery shall extend to the delivery of the Goods to the kerbside or street level only.  The delivery person may (at his or her discretion) assist with the delivery of the Goods to a location within the premises nominated by a Customer, at the Customer’s own risk.  If the Customer requires any additional or specific delivery requirements, the Customer must notify One Stop at the time of placing an Order and One Stop shall advise of any additional costs to apply which shall be at the Customer’s expense.

Goods delivered are installed, stored and used at the Customer’s own risk and One Stop shall not be liable for any damage, loss or disruption caused by any of the foregoing. 

Where additional delivery requirements,  installation, disconnection and any additional requirements have been ordered by the Customer, further charges, terms and conditions shall apply and will be advised by One Stop to the Customer prior to delivery of the Order.

Risk and Title to Goods

Until the full payment in cleared funds is received by One Stop for all Goods to be supplied by One Stop to the Customer, as well as any other amount which may be owed by the Customer to One Stop:

  1. title and property in the Goods remains vested in One Stop and do not pass to the Customer and in the event that Goods have been delivered by One Stop to the Customer, no title to such Goods shall pass to the Customer and the Customer shall hold such Goods as fiduciary bailee and agent for One Stop; and
  2. One Stop may without notice enter any premises where it suspects any such Goods may be and remove them, notwithstanding that they have been attached to other goods not the property of One Stop and the Customer irrevocably licences One Stop to enter such premises for such purposes and indemnifies One Stop against all losses, claims, damages, costs, expenses or demands suffered or incurred by any party arising out of such action.

Risk in the Goods and responsibility to insure the Goods passes to the Customer upon the Goods being dispatched from One Stop or other place where the Goods are located and the Customer shall assume all risk and liability for loss, damage or injury arising out of or in relation to delivery of Goods or their use or possession.

If:

  1. the Customer will not or does not accept delivery when the Goods are available for delivery;
  2. delivery cannot be effected because One Stop or its delivery agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements; or
  3. because the Customer has not provided One Stop or its delivery agent with appropriate instructions, authorisations, licences or documents to properly, legally and safely effect delivery of the Goods,

the Goods will be deemed to be delivered and risk in the Goods shall pass to the Customer.  One Stop may store such Goods until actual delivery, in which case, the Customer will be liable to One Stop for all related costs, including any re-delivery charges and storage and insurance costs. 

If the Goods cannot be delivered and/or the Customer does not accept delivery of the Goods within 28 days of notification from One Stop that the Goods are available for delivery, One Stop shall be entitled to cancel the Order and re-sell the Goods.  One Stop shall return any proceeds from the re-sale of such Goods to the Customer, less an administration and handling charge of 25% of the invoice value of the Goods and all related re-sale costs, charges and fees.

Return of Items

Obligation to inspect on You

You must inspect the Goods on delivery and advise One Stop in writing if the Goods do not comply with the relevant written specifications.  You must also inspect the Goods and packaging on delivery for damage. If such Goods arrive damaged or not in accordance with the relevant specifications, You must note any damage in writing on the delivery docket and advise One Stop within 24 hours of receipt of delivery. Unless such written notification is received within 24 hours of delivery of the Goods and any damage noted on the delivery docket, the Customer is deemed to have inspected and accepted the Goods as being in good working order and condition and no claim for non-delivery, repair, replacement or credit shall be accepted.

Returns for change of mind

For items that are priced on the Website, a return will only be accepted providing the following conditions are all satisfied: 1)  The Goods have not been opened, used or damaged, 2)  Original packaging is fully intact as are all original contents in the box/packaging, 3)  The Goods are shipped back to us and arrive in an undamaged and completely re-sellable condition as a brand new item within 14 days of receipt, 4)  You have followed the returns authorisation process as detailed below, and 5)  The return otherwise complies with the Terms and Conditions. In these circumstances, You will be responsible for all return postage charges and a restocking fee of 25% of the invoice value of the returned Goods will be deducted from the refund amount. A refund in the original form of tender will only be provided once the Goods have been received, inspected and accepted by One Stop Wholesaler or our agent.

For items not priced on our Website, it is likely that these Goods will have been specifically ordered for You and consequently we are unable to offer a return or refund if You change Your mind or the goods do not meet Your requirements. One Stop strongly recommends You review the technical specifications for the Goods You require which are available on the Website prior to ordering or contact One Stop for such details.

Faulty goods

In the unlikely event Goods are faulty, please contact One Stop immediately to determine the appropriate remedy. In the event that faulty goods are unable to be repaired or replaced, such Goods may be returned for a refund subject to these Terms and Conditions.  Prior to returning any such Goods You must follow the Return Authorisation process detailed below.

Returns Authorisation

You must notify us of Your intention to return any Goods by emailing us at sales@onestopwholesaler.com.  Upon receipt of this request, One Stop will supply You with a Return Authorisation Form which must be completed and returned to One Stop within 5 days.  If the Return Authorisation is accepted by One Stop in its absolute discretion, One Stop will supply You with a Returns Authorisation code and return address. The code must be included with the Goods when they are returned. Items must be returned with their original packaging.

Please do not send any Goods to our warehouse without an approved Returns Authorisation code as these will not be accepted.

Other

One Stop is not obliged to accept for return for Goods which were damaged during their installation, assembly or use, including but not limited to, a failure to follow the manufacturer’s instructions. 

No Goods are sold on a ‘sale or return’ basis without the prior written approval of One Stop.

Customers’ statutory rights remain unaffected.

Order Cancellation

For items priced on the Website, Orders may be cancelled prior to dispatch for a full refund. Orders for priced items that have been dispatched may not be cancelled and the returns policy in the Terms and Conditions shall apply. You must notify us of Your request to cancel an Order by emailing us at sales@onestopwholesaler.com

For items not priced on the Website, Orders may only be cancelled, amended or deferred with the prior written consent of One Stop, which shall be determined in its absolute discretion.  If One Stop accepts a request to cancel an Order for credit, the Customer shall be liable for any cancellation, return/redelivery and resale costs and a re-stocking fee of at least 25% of the invoice value of the goods as advised by One Stop.  Such costs will be deducted from any credit issued and the credit shall be valid for 12 months from the date of issue.

Limitation of Liability

All express or implied guarantees, warranties, representations or other terms and conditions relating to this Agreement, the Website and all Goods not contained in this Agreement are excluded from this Agreement to the maximum extent permitted by law.

Nothing in this Agreement excludes, limits or modifies:

  1. any liability for personal injury or death where such injury arises from One Stop’s (or its agents, employees or contractors) wilful negligence or misconduct, or fraudulent misrepresentation; or
  2. any right, remedy, guarantee, term, warranty or condition which cannot be excluded or limited by applicable law including Australian Consumer Law.

In particular, Goods may be subject to guarantees and entitlements under Australian Consumer Law.  If any guarantee, warranty, term or condition is implied or imposed on Goods under Australian Consumer Law or any other applicable legislative provision and cannot be excluded, One Stop’s liability shall be limited to one or more of the following at One Stop’s option:

  1. in the case of Goods which are goods - replacement or repair of the Goods or supply of equivalent goods, or payment of the costs of repairing or replacing the Goods or acquiring equivalent goods; or
  2. in the case of Goods which are services - the supply of the services again, or payment of the costs of having the services supplied again; or
  3. refund of the invoice value of the Goods.

Except as set out above and in relation to One Stop’s contractual obligations to supply the Goods following acceptance of Orders and to the maximum extent permitted by law, neither One Stop nor any of its agents, affiliates, directors, employees or other representatives will be liable:

a)     in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with the use or misuse of the Website or any Goods;

b)     for any special, indirect, incidental or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, anticipated savings, or any other indirect or consequential loss arising out of or in connection with use of the Website or any Goods (including without limitation, any such loss arising out of or in connection with any Order placed on the Website or with One Stop directly, whether or not accepted by One Stop),

whether in contract, tort (including negligence), under statute, in equity, under an indemnity, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

The Customer acknowledges that:

  1. any warranty provided by a manufacturer in respect of any Goods is the warranty of the manufacturer of the Goods and One Stop shall not be liable or responsible for such warranty and does not provide any warranty of its own in respect of such Goods; and
  2. it has not relied on any advice provided by One Stop or its employees, agents or contractors in relation to the suitability or fitness for a particular purpose of the Goods.

The Customer acknowledges and agrees that any liability at law of One Stop to repair or replace Goods is subject to:

  1. the Customer complying with all Terms and Conditions in relation to the Goods, including the terms of this Agreement;
  2. the Customer installing, using and maintaining the Goods in accordance with the manufacturer’s instructions and recommendations and standard industry practice, and the defect in the Goods not being the result of the Customer’s failure to comply with the foregoing;
  3. the Customer not repairing the Goods without the prior written authorisation of One Stop; and
  4. One Stop, its nominated agent or the manufacturer of the Goods (as nominated and required by One Stop in its discretion) being given access to the Goods for the purposes of inspection and resolution of any claim in respect of defective Goods.

Indemnity

You agree to defend, indemnify, and hold harmless One Stop and its affiliates, successors and assigns, and their respective directors, officers, employees, agents and other partners, from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind or nature, incurred by One Stop arising out of or relating to Your use of the Website or any Goods, Your violation of this Agreement, or Your violation of any rights of a third party.

Termination

One Stop reserves the right in its discretion to cancel, suspend and/or terminate any Order and/or the Agreement if:

  1. payment has not been received in full in respect of an Order in advance of delivery;
  2. One Stop reasonably suspects that Customer is not legally permitted to purchase any Goods;
  3. the Customer cannot pay its debts or becomes bankrupt or insolvent, or an administrator, liquidator or receiver is appointed over all or any of its assets, or any assignment is made for the benefit of its creditors or any liquidation or analogous proceedings are commenced against the Customer; or
  4. delivery or supply of the Goods and/or performance of the Agreement is affected by reasons outside of One Stop’s reasonable control including but not limited to, force majeure events, acts of gods, adverse weather and legislative/regulatory interventions or sanctions.

Privacy and Communications

When You use or place an Order on this Website or directly with One Stop, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from You. For details on how we use this information, please refer to our Privacy Policy.

To fulfil our obligations to You under the Order and this Agreement we may communicate with You by email, phone, mail and/or by posting notices on the Website. You agree to receive communications from us electronically in this manner and that electronic communications will satisfy any legal requirement for communications to be in writing.

General

This Agreement shall be governed by, and construed in accordance with the law of the State of Victoria and the parties agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

One Stop may change the Terms and Conditions of Sale at any time. If any provisions in the Terms and Conditions of Sale are declared invalid, void or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

The failure of One Stop to enforce any provisions of this Agreement, respond to a breach by You or other parties, or insist on specific performance of any of the provisions of this Agreement shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Subject to any additional terms published on this Website, this Agreement is the entire and final Agreement regarding Your Order, and supersedes any prior or contemporaneous communications, conditions, understanding, representations or commitments (excluding fraudulent misrepresentations), whether oral or in writing, between One Stop and You regarding the Website and its contents and Your Order.

Licence, Website Access and Prohibitions

One Stop grants You a limited, revocable and non-exclusive licence to access and use the Website for personal, non-commercial use only. 

This licence is subject to the prohibitions specified in this Agreement and You must not use this Website or its contents:

  1. for commercial purposes;
  2. for resale purposes including the systematic extraction and / or re-utilisation of any part of the contents of this Website (eg. item listings, descriptions, brochures, images, specifications, prices);
  3. to download (other than page caching) or modify the Website, or any portion of it;
  4. to interfere with or disrupt any network or web site connected to this Website or gain unauthorised access to other computer systems;
  5. to interfere with the enjoyment or use of the Website by any other person;
  6. to transmit any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of any other person (including intellectual property rights, rights of confidentiality or rights of privacy);
  7. to transmit or distribute a virus, worm or logic bomb or other malicious code;
  8. to send unsolicited email including promotions and / or advertising products or services;
  9. to post any material which is malicious, technologically harmful, in any way offensive or harmful;
  10. to hack into any aspect of the Website; or
  11. for any purpose which is unlawful.

In addition, You must not misuse the Website with such misuse including but not limited to use of any:

  1. data mining, robots, or similar data gathering and extraction tools;
  2. framing techniques to enclose the trade marks, logos, brochures, images, specification sheets and other proprietary images, text layouts and formats which are used on the Website; or
  3. meta tags or any other "hidden text" which uses the One Stop name or trade marks.

Using this Website does not give You permission, unless authorised in writing by One Stop, to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.

One Stop does not represent or warrant that the material contained in the Website, any of the functions of the Website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The Website is provided "as is". Accessing the Website is entirely at Your own risk.

One Stop will not be liable for any loss or damage caused by a distributed denial or services attack, viruses or other technologically harmful material that may affect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or Your downloading of any material posted on it or any website linked to it.

Intellectual property, software and content

All rights in the product names, company names, trade names, graphic, logos, scripts, button icons, ‘get-up’, design and product packaging of all One Stop or third party goods or services (Trademarks), whether or not denoted with the trade mark symbol, belong exclusively to One Stop, its licensors or their respective owners and are protected from reproduction, imitation, dilution or infringing uses under national and international trademark and copyright laws.  Unless expressly stated otherwise, the use or misuse of any or all Trademarks is prohibited and nothing stated or implied on this Website confers on You any licence, right or trademark of One Stop, its licensors or any third party.

All copyright in the content of this Website, including but not limited to text, images, photographs, graphics and user interfaces, belongs exclusively to One Stop, its third party licensors or the respective third party copyright owner and are subject to and protected by the Copyright Act 1968 (Cth) and all international copyright laws and treaties.  All such rights are reserved by One Stop, its licensors and third party copyright owners and nothing stated or implied on this Website confers on You any license or right under any copyright of One Stop, its licensors or any third party. 

You may store, print and display the Website content solely for Your personal, non-commercial use.  You are strictly prohibited from publishing, manipulating, copying, reproducing, modifying, displaying, performing, transmitting or otherwise reproducing in any format any of the content, information or copies thereof of the content on this Website or information provided to You by One Stop, nor may You use such information or content in connection with any business or commercial enterprise, without the express written consent of One Stop.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by One Stop, its licensors or any third party.

Third Party Websites

This Website may include links to web sites owned and / or operated by persons other than One Stop (Third Party Sites) from time to time.   We provide such links for Your reference and convenience only.  A link from One Stop to a Third Party Site does not suggest or imply that we endorse or are affiliated with or approved by the Third Party Site or the owner, operator or operations of that Third Party Site.  You are solely responsible for determining which Third Party Sites to access and the extent of Your access to content on such Third Party Sites.  You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites, loss or damages incurred as a result of dealings with any Third Party Sites, any merchant or operator of a Third Party Site or any other person with whom You may engage in any transaction. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this Website.

Disclaimers in relation to third party trademarks

Unless expressly stated otherwise, the trade marks, images or Goods featured on the Website are in no way associated, linked or affiliated with One Stop and You should not rely on the existence of such connection or affiliation.  Where a trade mark or brand name is referred to it is used solely to describe or identify the Goods and is in no way an assertion that such Goods are endorsed, affiliated with or connected to One Stop.  Trade marks, images and other intellectual property rights of third parties featured on the Website are owned by the respective third party intellectual property right owners.  Except where expressly stated to the contrary, One Stop does not warrant, assert or represent that it is an authorised retailer or seller of the relevant third party Goods.

Disclaimer of warranties and limitation of liability

All express or implied guarantees, representations, warranties and other terms and conditions relating to the terms of Website use, the Website or their subject matter not contained in this Agreement are excluded from this Agreement to the maximum extent permitted by law.  However, nothing in this Agreement excludes, restricts or modifies any right, remedy, guarantee, warranty or other term or condition which cannot be excluded or limited by law.

All information, drawings, descriptions, images and specification of the Goods on the Website are for the sole purposes of giving an approximate description of the Goods.  One Stop will use best endeavours to ensure the images, specifications and product descriptions are accurate, however will not be liable for any inaccuracies or variations in colour, style, shape, size, specifications or finish of Goods.

One Stop may make improvements or changes to the Website, its contents or any Goods featured on the Website or suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website, at any time and without advance notice or liability.   One Stop advises that the Website may contain technical inaccuracies or typographical errors and does not provide any express or implied warranty as to:

  1. the adequacy or suitability of Goods for Your or any specific purposes;
  2. any implied warranty or condition as to the merchantability or fitness of the Goods for a specific purpose;
  3. the truth or accuracy of any content or information on the Website; or
  4. compatibility of the Website with Your software or telecommunications equipment.

To the maximum extent permitted by law, One Stop, its related corporations and affiliates and their respective directors, officers, employees and agents, shall not be liable for any damages, loss or claims of any kind arising from the use of the Website or the Goods, including but not limited to any direct, indirect, incidental, punitive or consequential loss or damage arising out of or in relation to any access, use, misuse or inability to use the Website or any Third Party Sites, or in connection with any failure of performance, error, interruption, defect, delay in operation, transmission or connection, or a line or system failure, either in tort, contract, negligence, strict liability or otherwise, even if One Stop has previously been advised of the possibility of such loss, damage or claim.

Indemnity

You agree to indemnify and hold harmless One Stop and its related corporations, affiliates, successors and assigns and their respective directors, officers, employees and agents from and against all third party claims, actual, pending or threatened proceedings, demands, allegations, liability, losses, expenses and costs (including but not limited to legal costs and fees) arising out of Your use of this Website, breach of this Agreement or breach of any third party rights.

General

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria in Australia and in the event of any dispute or claim associated with this Agreement, the parties shall submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

Nothing in this Agreement shall confer on any third party any benefit.

If any part of the Agreement is construed or determined in accordance with the laws of the State of Victoria to be invalid or unenforceable (including any provision in which excludes or limits One Stop’s liability) either in whole or in part, the enforceability and validity of the remaining provisions in the Agreement and all clauses which are not affected shall remain in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

The failure of One Stop to enforce any provisions of this Agreement, respond to a breach by a party or insist on specific performance of any of the provisions of this Agreement shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

This Agreement and any Order form constitutes the entire agreement between the parties and supersede any and all preceding and contemporaneous communications and agreements between You and One Stop.

 

This document is copyright by Dimasi Holdings Pty Ltd trading as One Stop Wholesaler. All rights reserved.

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