Terms and Conditions
TERMS AND CONDITIONS for goods sold by Stainguard International Pty Ltd (ACN 61 005 625 025) trading as Advance Chemicals
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Advance Chemicals (“the company”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.advancechemicals.com.au. By placing an order for Goods from this website you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“Order” means an order for Goods, placed on the Website;
“Restricted Goods” means Goods which are only intended to be used by registered companies with our business.
“Website” means www.advancechemicals.com.au
- YOUR LEGAL RIGHTS
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Advance Chemicals represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
- PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 Advance Chemicals reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is processed by Advance Chemicals.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 By placing an Order, you agree to pay the price for the Goods and any Delivery Charge.
3.5 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
- YOUR ACCOUNT
4.1. You can check-out as a guest on the Website when you purchase Goods. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.
4.2. You may not set up an Account for someone else.
4.3. Please ensure that you enter all information carefully when creating an Account or checking-out as a guest. You warrant to Advance Chemicals that all information provided by you in relation to your Account is complete, true and accurate.
4.4. You must notify Advance Chemicals immediately if you become aware of any actual or potential unauthorised use of your Password or Account.
4.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Advance Chemicals will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Advance Chemicals, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6. If Advance Chemicals suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Advance Chemicals then you must pay Advance Chemicals the amount of that loss, damage, cost or expense if Advance Chemicals asks you to.
4.7. Advance Chemicals may, in its sole discretion, terminate your Account or your use of the Website at any time without notice and for any reason whatsoever. Advance Chemicals reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice for any reason whatsoever.
5.1. You can place an Order by following the instructions on the Website.
5.2. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. Advance Chemicals may accept or reject your offer in its absolute discretion. In particular, but without limitation, Advance Chemicals may reject Orders for commercial quantities of Goods.
5.3. Each Order that you place will, if accepted by Advance Chemicals, be a separate and binding agreement between you and Advance Chemicals with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4. If you place an Order for someone else to receive the Goods you must obtain their consent before providing Advance Chemicals with their personal information and, by placing an Order, you confirm to Advance Chemicals that you have done this.
5.5. Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.6. Please ensure that you enter all information carefully when placing an Order. You warrant to Advance Chemicals that all information provided by you in relation to each Order is complete, true and accurate.
5.7. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it, as Orders may not be able to be changed or cancelled once the Order has been accepted by Advance Chemicals. Advance Chemicals will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.8. Where you place separate Orders, the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. Advance cannot consolidate separate Orders into one delivery.
5.9. Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the Goods are of different types; or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.
5.10. The internet can be an unstable marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.11. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.12. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Advance Chemicals will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of, or in connection with, any of the events set out in 5.11 or arising out of, or in connection with, you accessing the Website , whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1. When you submit an Order you will receive an Order reference number via e-mail.
6.2. Advance Chemicals will process payment for your Order when you place your Order. Your Order is deemed to be accepted by Advance Chemicals when The Company does this, however The Company may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that your Order is cancelled after having already processed payment, Advance chemicals will refund payment in accordance with Section 13.
6.3. You may pay for Goods using the following payment methods: credit card, (Visa, MasterCard) or EFT
6.5. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Advance Chemicals may refuse to accept the Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card you authorise Advance Chemicals to deduct the price and the applicable delivery charge(s) from such cards.
6.6. Advance Chemicals reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.7. Advance Chemicals may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:
(a) where our fraud detection systems detect possible irregularities
(b) because your financial institution has declined payment; or
(c) because your payment card has expired. Where this is the case, Advance Chemicals reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.8. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and you will be notified by email.
- CANCELLATION OF ORDERS
7.1. Advance Chemicals reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Advance Chemicals may do this for example, but without limitation, where:
(a) Advance Chemicals’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Advance Chemicals control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Advance Chemicals is unable to supply the Goods within a reasonable time;
(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;
(d) you ask Advance Chemicals to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Section 6.7.
7.2. You may cancel your Order where Advance Chemicals
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay:
(i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or
(ii) which was outside Advance Chemicals’ control including the situations set out in Sections 7.1(a) and (b) above.
7.3. Where “the company” cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4. In the event of Advance Chemicals or you cancelling your Order after payment has been processed, Advance Chemicals will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions sets out further information about refunds.
7.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Advance Chemicals will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- AVAILABILITY OF GOODS
8.1. As Advance Chemicals is dependent upon its Suppliers to provide stock, Advance Chemicals cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Advance Chemicals reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available inventory and Advance Chemicals is unable to fulfil your Order, you will be notified as soon as possible. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Advance Chemicals will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
9.1. When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). Advance Chemicals will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.
9.2. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.3. Goods will only be delivered to addresses within Australia. Advance Chemicals is unable to deliver to certain parts of Australia, and where this is the case, you will not be able to process your Order through the website. Goods will not be delivered to a PO Box.
9.4. Following dispatch of your Goods, Advance Chemicals will email you with confirmation of dispatch and an invoice for your Order.
9.5. When you purchase delivery for your Goods, you agree to comply with the delivery requirements specified below.
(a) If the person named on the Order confirmation is not at the delivery address to receive the Order, Advance Chemicals may allow any person at the delivery address to receive and accept the Goods on behalf of the customer who placed the Order. If no person is present to accept delivery, or if the named customer requests for delivery at a different time, then Advance Chemicals may charge an additional fee to redeliver the Goods.
(b) The person accepting delivery of the Order may be asked to print their name and sign the delivery manifest with the time and date of the delivery. The person may also be required to provide photo identification in order to verify his or her identity.
(c) Delivery will be made to the nominated address. Goods will not be delivered to any location other than the address on the Order confirmation.
9.6. Deliveries will be made to you by one of Advance Chemicals’ contracted delivery drivers or courier companies. Prior to delivery, Advance Chemicals will contact you to confirm an estimated delivery window.
9.7. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Advance Chemicals will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the delivery of the Goods, including, where arising as a result of:
(a) any third party interference;
(b) any late or lost deliveries; or
(c) the Goods being misdirected.
9.8. As at the date of these Terms and Conditions, Advance Chemicals offer the Delivery Option below. Advance Chemicals may change the Delivery Option at any time, including amending, removing or introducing a Delivery Option.
Door to Door Delivery
Door to Door delivery is Advance Chemicals standard delivery service where your Goods will be delivered to your nominated delivery address. Door to Door delivery is available to most locations in Australia.
On the Website, the postcode search bar on the delivery page, or in the shopping cart will confirm the cost of Door to Door delivery to your area based on the Goods, your postcode and the delivery zone that it falls in.
- PICK-UP OF GOODS IN STORE
10.1. Many Goods can be picked up from the Advance Chemicals site rather than being delivered to you. Where you wish to do this, you will need to select this option when you place your Order.
10.2. Only the person named on the Order confirmation may pick up the Goods in-store, unless “Friend pick-up” (where you nominate another person to pick up your Goods) was selected when the Order was placed.
10.3. If you choose to pick up your Order in store, once Advance Chemicals has confirmed that the Order is available for pick up, you may pick up the Order during the business hours of 7.30 am – 4.00pm
10.4. When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport, or any government issued photo ID card) to store staff to verify that you are the purchaser. If requested, you must allow Advance Chemicals to take a copy of this identification for fraud prevention purposes. The copy will not be used by Advance Chemicals for any other purpose;
(b) you will also need to bring the email that Advance Chemicals has sent to you confirming that the Goods are available for pick-up; and
(c) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Advance Chemicals will contact the person who placed the Order using the contact details provided.
10.5. In respect of the estimated time for collection, references to “next day” on the Website exclude public holidays and weekends.
10.6. Advance Chemicals reserves the right to allocate Goods that are not collected within 28 days of the date of your Order to another customer order and to reorder the Goods for you.
10.7. If you fail to collect the Goods within 28 days of the date of your Order, at Advance Chemicals’ discretion, they may agree to hold the Goods for a longer period subject to a daily storage fee.
- DELAY IN AVAILABILITY OR DELIVERY OF GOODS
You agree and acknowledge that:
(a) stock availability and events outside Advance Chemicals’ control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(b) delays are particularly likely to occur at unforeseen times
(c) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Advance Chemicals nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- RETURNS/FAULTY OR DAMAGED GOODS
12.1. You should check your Goods as soon as they are delivered to you in order to ensure that:
(a) they are what you ordered; and
(b) they are not damaged or faulty. If this is not the case, you should contact Advance Chemicals as soon as possible via: firstname.lastname@example.org
12.2. When returning Goods:
(a) please provide Advance Chemicals with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds and exchanges that Customers use their best endeavours to return all items in respect to the refund at the same time;
12.3. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
12.4. You are not entitled to return goods due to change of mind.
- REFUNDS OF YOUR MONEY
Where Advance Chemicals is obliged to refund your payment pursuant to these Terms and Conditions, Advance Chemicals aims to initiate your refund within 2 business days (Monday – Friday 9am to 4pm Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Advance Chemicals is obliged to provide you a partial refund of your payment for specific Goods in your Order, Advance Chemicals will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
- MORE INFORMATION ABOUT ADVANCE CHEMICALS’ LIABILITY TO YOU
To the full extent permitted at law, Advance Chemicals is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
16.1. Advance Chemicals reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
16.2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
16.3. These Terms and Conditions are governed by the laws of Victoria, Australia.
How will Advance Chemicals minimise contact during COVID-19?
Minimal contact delivery
- Masks– In Victoria, delivery and team members are wearing masks, following the mandatory requirement set by the Victorian State Government.
- Greeting and distance– Our team will not be shaking customers’ hands or be in close contact. We will be waving and saying hello.
- Signing for delivery– For all products, our team will ask for permission to sign on your behalf so we can minimise contact.
- Training and supporting– We are committed to training and supporting our delivery team in the best hygiene practices.