Terms & Conditions

Part A - Conditions of Use

1. Introduction

These Terms govern the use of esafetysupplies.com.au (Website). By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk. If you do not agree to these Terms in their entirety, you must not use this Website.

The information contained on the Website is provided by eSafety Supplies  in good faith. To the best of eSafety Supplies’ knowledge, the information is accurate and current. However, this website is provided to you by eSafety Supplies "as is". Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, eSafety Supplies excludes any and all representations and warranties (whether express or implied) relating to the Website including, but not limited to, representations or warranties concerning:

• Merchantability and fitness for purpose;

• the website meeting your particular interests and requirements;

• the material on the website being accurate, complete or reliable;

• the website and the server being available and free of defects;

• the website and the server being free of technical problems or viruses; and

• the confidentiality of information transmitted to or from the website.

You may however be entitled to certain rights under consumer protection law or other laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

2. Definitions

we or us or our or eSafety Supplies means eSafety Supplies Pty Ltd, ABN 78 630 262 789

you or your means you as the user of the Website, including as a purchaser of Goods from eSafety Supplies.

3. Limitation of liability

Subject to any rights you have under any consumer protection law or any other laws that cannot be excluded, eSafety Supplies excludes any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred, including, but not limited to any loss, damage, cost or expense that results from:

• your use or misuse of the Website or any material on the Website;

• your inability to access or use the Website or any material on the Website;

• the loss or modification of information or material transmitted to or from the Website;

• the loss of confidentiality in any information or material transmitted to or from the Website;

• any defect, technical problem or virus attached to or arising from the Website or the server;

• the use or misuse of the Website or any material on the Website by other users or the conduct of other users on or through the Website;

• any injury or illness you or any other person sustains as a result of the use of the Website; and

• the products displayed on the Website being unavailable at any time.

4. Indemnity

You indemnify eSafety Supplies, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the Website or if you breach these Terms.

5. Privacy

Any personally identifiable information that you submit through or in relation to the Website is collected and used by eSafety Supplies in accordance with its Privacy Policy. You can review the Privacy Policy here.

6. Changes to the Terms

eSafety Supplies reserves the right to:

• vary or discontinue the Website or any page of the Website at any time;

• amend the Terms from time to time. Amended Terms come into effect from the time they are posted on the Website. You should review this page regularly to ensure that you are aware of any changes to the Terms;  and

• terminate your access to part or all of the Website at any time, but we will not do so without providing you with prior notice of our intention to do so.

7. Copyright and trademarks

You acknowledge that eSafety Supplies or its related bodies corporate own or are licensed to use all intellectual property rights in the eSafety Supplies web site (including, but not limited to, any images, photographs or text which appear on the web site). You agree that you will make no representation to the contrary, and that you will not use or copy eSafety Supplies’ website or content in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights.

You acknowledge that any trade marks or logos which appear on the eSafety Supplies web site are owned by or licensed to eSafety Supplies or its related bodies corporate, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

8. Use of Cookies

Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

9. Prices

All references to $ and dollars on the Website are to Australian currency. All prices were current at the time of publication on the Website.

10. Governing law

These Terms will be governed by and construed in accordance with the courts of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

The Website may be accessed from Australia or overseas.eSafety Supplies makes no representations that the content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

11. Severance of clauses

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

12. Entire Agreements

These Terms and Conditions (including where applicable, our Privacy Policy and Delivery and Returns Policy) set out the entire agreement between you and eSafety Supplies regarding this website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms or if you have any questions, please contact eSafety Supplies on 1300 291 700 or via our Contact Us page on our website at www.esafetysupplies.com.au.

Part B - Terms Of Trade

This Part B of eSafety Supplies’ Terms set out the terms and conditions upon which you may purchase products via the eSafety Supplies website or telephone. Please read the following Terms carefully before placing your order. By completing the online order form/ordering via telephone you agree to be bound by these Terms.

13. Definitions

"Business Days" means any day that is not a Saturday, Sunday or public holiday in the State of New South Wales, Australia. Delivery Agent means any nominated third-party delivery or shipping company for eSafety Supplies.

“Goods” means Goods means the items offered for sale which are described or displayed on the Website. Price means the purchase price of each Good as specified on the Website in Australian dollars (the website shows both including and excluding GST options).

14. Orders

• Goods displayed on the eSafety Supplies website are available for purchase (subject to availability) online, over the telephone, and in eSafety Supplies stores in Australia.
• You must use the online order system to place an order for Goods via the internet (“Online Order”). You warrant that all information and data provided by you in the online order is accurate, complete, and up to date. You will promptly inform eSafety Supplies if there is any change to this information or data.
• An Online Order submitted by you on the Website is an offer by you to purchase Goods for the price specified on the Website plus any delivery fee as specified at the time you submit your Online Order. That offer cannot be withdrawn or varied by you without our prior consent.
• After an Online Order has been submitted, you will be contacted by email with your order details, it is your responsibility to check the order and ensure that all order details are correct. eSafety Supplies will arrange delivery of the Goods to the address within Australia nominated by you (“Delivery Address”).
• You are responsible for any costs associated with accessing the eSafety Supplies website and placing Online Orders including any internet service provider fees and for all telephone call charges if ordering by telephone.
• eSafety Supplies reserves the right to accept or reject your Order for any reason at any time, including where eSafety Supplies has insufficient Goods to fulfill the order, the Goods ordered have been discontinued, or if you have an account with eSafety Supplies and that account is overdue. A full refund of any amounts paid by you will be made if the supply of Goods is rejected. You can order as many Goods as you would like in an Online Order with no limitations
• Where you place consecutive or separate Online Orders for Goods, we cannot consolidate the Online Orders into one. A separate Delivery Fee will apply to each Online Order.

15. Availability of Goods

You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfill all or part of your Online Order. If this occurs, eSafety Supplies will use reasonable endeavors to contact you within ten (10) Business Days to arrange a full or partial refund. We will use reasonable endeavors to process the refund within thirty (30) Business Days. The receipt of your refund will depend on the period it takes your financial institution to finalize the refund. eSafety Supplies is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

We reserve the right to withdraw or suspend any Goods displayed on the Website from sale either temporarily or permanently at any time without notice to you. eSafety Supplies will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

Where your Online Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), we may reject all or the part of the Online Order that is the subject of the error in accordance with clause 14. If applicable, eSafety Supplies  will proceed to fulfil the remainder of your Online Order in accordance with these Terms. If you are not satisfied with the partial fulfilment of your Online Order, you can return your entire Online Order to us as an order that has been incorrectly delivered in accordance with our Delivery and Returns Policy.

You acknowledge and agree that:

• 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;
• you have read any corresponding written description of the Goods prior to submitting your Order;
• the colour of Goods as shown on the Website may vary slightly in shade in real life;
• where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
• any accessory featured with the Goods is for illustration purposes only.

16. Pricing

• Prices listed are in Australian dollars and are subject to change but will not affect orders placed before a change to the price takes effect.
• All prices include Australian GST. 
• Goods ordered are charged at the price applicable at the time the order is submitted. Upon delivery of the Goods, eSafety Supplies will provide a tax invoice specifying the total price for the Goods including delivery.
• eSafety Supplies reserves the right to change or alter Prices of Goods on the Website without notice to you unless you have already submitted an Online Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Online Order is not affected by an obvious pricing error, in which case the procedure in clause 15 will apply).

17. Payment Terms

• You may set up an account with eSafety Supplies by completing and submitting to eSafety Supplies the Application for Commercial Credit. eSafety Supplies General Credit Terms and Conditions apply.
• eSafety Supplies accepts the following payment methods for Online Orders and telephone orders: credit card (Visa, Mastercard, American Express). Cash payments are accepted in eSafety Supplies Wetherill Park location only if you arrive to do a click and collect or walk in order. 
• Property in the Goods does not pass until the you have paid all monies owing to eSafety Supplies in full, unless you are on an account with us and then will default to our payment terms as set to your account. 

18. Delivery

• All delivery costs payable by you will be specified at the time of placing the Online Order.  Additional delivery charges for bulky orders, imposed by our Delivery Agent, will be charged to you separately following delivery.
• Due to logistical difficulties in making deliveries to certain remote areas, we reserve our right to cancel your order and/or make such order subject to additional terms and conditions (including without limitation to requiring such orders to be conditional upon a minimum value of products being ordered in a single transaction). Our customer service team will notify you of cancellation and/or such conditions as soon as reasonably practicable after you place your order. 
• eSafety Supplies uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
• You acknowledge and agree that notwithstanding anything else stated on the Website:
• eSafety Supplies cannot guarantee that delivery will occur within any stated delivery time frames;
• delivery time frames may change from time to time due to unforeseen circumstances; and
• except where required by applicable law, eSafety Supplies is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
• Anyone at the Delivery Address who receives the Goods shall be presumed by eSafety Supplies to be authorized to receive the Goods.
• If there is no one at the Delivery Address or no one of appropriate age to receive the Order when the Order is delivered or the Delivery Agent is unable to deliver your Goods due to the size of the package or because there are restrictions on access, eSafety Supplies may retain possession of the Goods and charge an additional delivery fee when attempting to redeliver the Goods.

19. Click and Collect

• Click & Collect is available at eSafety Supplies location in Wetherill Park only - subject to stock availability at the warehouse
• There is no additional fee charged to Click & Collect orders.
• Products marked as ‘special order’, ‘non-stock’ or  ‘out of stock’ will not be able to purchased by placing a Click & Collect order.
• You will receive either an email, or text to confirm your order is ready to be collected.
• To protect our customers, only the person specified on the order confirmation is able to collect the Online Order, with appropriate identification.
• In the event that you fail to provide your full name when placing the Online Order, or the full name does not match the photo identification provided, we reserve the right to cancel the order at the time of collection.
• Visiting our Wetherill park location prior to receiving a confirmation for collection may result in your Goods not being ready for collection when you arrive
• Online Orders for collection at eSafety Supplies must be collected within 14 days of notice by telephone or by email that your order is available for collection. If your order is not collected within this time, we may complete your Online Order and return the items to inventory to open up space in our shelves, thus requesting a refund or repacking the order for a later date will be the responsibility of the customer. 30-day refund policy applies here. 

20. Warranties and Returns

• Upon delivery, you must inspect your Goods and check that the Goods delivered match your Online Order. If there is obvious damage to the Goods due to transit, you must contact eSafety Supplies as soon as practicable using the details set out in clause 12, above. If the Goods are not as ordered, you may return the Goods to us in accordance with eSafety Supplies’ Delivery and Returns Policy. If Goods are missing from your Order, you may contact eSafety Supplies or return the order in accordance with eSafety Supplies’ Delivery and Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under eSafety Supplies’ Delivery and Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
• All eSafety Supplies Goods carry the manufacturer's warranty where applicable.
• Except where otherwise stated and to the extent permitted by Australian Consumer Laws, eSafety Supplies excludes all warranties in respect of the Goods.
• Goods incorrectly ordered or unused that are no longer needed by you and are unopened may be returned to eSafety Supplies within 14 days and at eSafety Supplies absolute discretion. If eSafety Supplies agrees to accept the return of Goods, you will be charged a 20% restocking and handling fee for such returned Goods.
• A copy of the eSafety Supplies invoice or proof of purchase must be attached to all returned Goods.
• eSafety Supplies reserves the right to use their nominated courier for returned Goods.
• Refunds will be made in the same way as the original payment for the Goods.

21. Disclaimer and Limitation of Liability

• eSafety Supplies takes reasonable care in supplying personal protective equipment and other safety equipment based on information provided by the Customer. However, eSafety Supplies is not responsible or liable for any loss or damage caused to person or property as a result of your failure to seek professional advice from appropriate authorities or safety specialists before making a purchase from eSafety Supplies.
• eSafety Supplies is not liable for any loss or damage whatsoever suffered by you as a result of any act, omission or statement made by eSafety Supplies, its employees, contractors or agents whether negligent or not, or as a result of a delay or inability to deliver the Goods, except that nothing in these Terms limits any liability imposed by any statute, including, without limitation the Australian Consumer Law, unless or to the extent that it is lawful to do so.
• Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of eSafety Supplies in connection with Goods supplied to you will, at the election of eSafety Supplies, be limited to:
• In relation to Goods, the replacement or repair of the Goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the Goods or the payment of the cost of obtaining equivalent goods; and
• In relation to gift cards, our maximum aggregate liability to you is limited to the remaining gift card value on your gift card.
• The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).