This website https://www.boardsdirect.com.au (the ‘website’) is owned and operated by eSpecially Office, CREMORNE NSW 2090, Australia (‘the Company’). Our ABN number is 31 813 907 502. If you have any queries about these terms and conditions or have any comments on our website, please email Customer Services.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed for use by eSpecially Office. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our written permission. You may not modify, delete, distribute or post anything on this website for any purpose.
(a) eSpecially Office, trading as 'boardsdirect.com.au', quote for and accept all orders subject only to the terms and conditions herein contained which are to the extent permitted by law to the exclusion of all other guarantees, conditions and warranties (including any as to quality or fitness for any particular purpose) whether express or implied by statute, common law or otherwise. In the event of customers' orders containing terms or conditions inconsistent with these terms and conditions of sale, the latter shall prevail.
(b) No addition to or variation from these terms and conditions shall have effect unless the same is expressly accepted by the Company in writing under the hand of the Proprietors of the Company.
(c) The Company's catalogue, price lists and other advertising and marketing matter shall not form part of any contract between the Company and its customers.
(d) The Company reserves the right to modify designs and specifications without prior notification.
2. PRICES AND AVAILABILITY
Prices rule at date of delivery notwithstanding any quotations previously made. A delivery and handling charge is applicable for all orders, regardless of total order value, unless otherwise specified.
Although every effort will be made to fulfil delivery dates no liability arising from delay or non-delivery is accepted by the Company. If the product is listed incorrectly by price, model or is out of stock, we reserve the right to allow you the opportunity to accept a new price, accept a substitute or cancel your order.
Payment can be made using the payment methods detailed in the Checkout section of this website. All orders where payments are made by credit card will be accepted on the condition that the credit card used is being used by the legitimate owner of that credit card. Please note that all credit/debit cardholders are subject to validation checks and authorisation by the issuer of the card. If the issuer of your payment card refuses to pay or does not for any reason authorise payment to eSpecially Office, we will not be liable for any delay or non-delivery of goods and/or services.
If the Company discovers fraudulent use of any credit card, Law Enforcement organisation involvement and fraud investigation will be engaged with the recovery of all costs for the supply of product and/or recovery of the product and/or all costs with regard to legal and interest and any other costs associated with the recovery of these costs will be sought by due process from the person who placed the order of the original product.
4. ACCOUNT TERMS
For Government Agencies and Educational Facilities, the Company offers pre-approved 30 day account terms subject to the receipt of an official purchase order number at the time of order. This can be sent by email.
(a) Pre-approved credit accounts are due for strict payment on 30 day terms (all purchases made during a month, are to be paid for at the end of the following calendar month) PROVIDED THAT if any invoice has not been paid by a customer within such 30 days period then the Company may by written notice to the customer declare that all invoices due in respect of that customer are payable forthwith and such 30 day period for payment shall no longer apply. At the Company's discretion any allowance offered on an account will be disallowed if the account is not settled within the said period and furthermore without prejudice to the Company's rights at law. Late settlement may be charged at 5% interest per month on a daily basis.
(b) The customer is liable for all reasonable expenses (including contingent expenses including debt collection costs) and legal costs (on a solicitor/own client basis) incurred by the Company for enforcement of obligations and recovery of monies due from the customer to the Company.
Non-delivery should be advised in writing to the Company within 7 days of despatch date or date of invoice, whichever is the earlier.
Any claims for damages and/or shortages MUST be notified in writing within 3 days of receipt, without exception. In the event of receiving a damaged product, please contact us immediately. We may also request an emailed image from you to verify the extent of the damage to the product and to the packaging. We will not enter into any claim for damages once the goods have been moved or on-forwarded from you.
Cancellations of items which the customer has been advised are 'Custom' and/or ‘Made To Order’ (MTO) cannot be accepted and in any other event only with the specific written consent of the Proprietors of the Company provided always that if goods are despatched from the Company's premises prior to receipt of written notice requesting cancellation of order, handling and transportation costs will be charged.
7. RETURNS / CREDITS
Goods are NOT sold on a sale or return basis. Returns of goods which the customer has been advised are ‘Custom’ and/or ‘Made To Order' (MTO) cannot be accepted as these are non-returnable and non-refundable. However, in unavoidable circumstances returns for goods (standard stocked items) will be accepted only as set out below:
(a) No goods will be accepted without a goods Return Authorisation Number (RAN) in writing by the Proprietors of the Company. No unauthorised returns will be accepted.
(b) All goods returned must be in unopened, unused condition and be neither damaged, defaced nor marked in any way.
(c) All relevant invoice numbers and dates of purchase must accompany the list of goods returned.
(d) Return of goods will only be accepted for credit within 14 days from date of invoice. A minimum 20% restocking charge will apply and any original delivery charges will remain and not be credited, our errors and omissions excepted. Delivery charges are the costs incurred by eSpecially Office, in shipping the product(s) to you. Although you may have received ‘FREE delivery', costs were still incurred by the company, and may be deducted from your credit.
(e) When the Company agrees to accept the return of goods, these must be returned at the customer's expense, our errors and omissions excepted. The Company recommends that customers arrange for goods to be insured and carefully packed.
Where at the customer's request, special handling, packaging or transportation of goods is required, this will only be done at the customer's expense.
Risk in goods passes on delivery, with the customer holding such goods as bailee and title remaining with the Company unless and until all monies due from the customer to the Company for such goods are paid in full. The Company reserves the right to recover and repossess goods and dispose of goods as it sees fit in the event of payment not being made pursuant to the terms hereof.
10. LIMITATION OF LIABILITY
To the extent permitted by law, the Company's liability to the customer is limited to the value of the goods giving rise to any claim and in no circumstances will the Company be liable for indirect or consequential loss of profit.
11. GOVERNING LAW
All orders placed by customers and any other agreements between the customer and the Company shall be subject to the proper laws of New South Wales, Australia whose courts shall have jurisdiction.