MEXI TRADING WEBSITE - TERMS OF USE
TERMS OF USE OF THIS WEBSITE
Application of these terms
This website is operated and owned by Mexi Trading Pty Ltd (ABN 82 153 179 287) (“Mexi Trading”) under the URL [https:/thewatershop.com.au]
Your use of the content of this website and your experience of this website are governed by these terms of use.
By using or browsing this website you accept these terms and conditions as amended from time to time.
If you do not accept these terms and conditions you must exit from this website immediately.
These terms do not apply to the sale of goods
If you enter into transactions with Mexi Trading via this website, terms and conditions of sale will apply to those transactions. These terms and conditions do not apply to the sale of goods to you by Mexi Trading.
No promise of availability
Mexi Trading does not warrant that access to this website will be continuous or without interruption.
Limitation of liability and disclaimer
(a) Some legal obligations imposed by law cannot be excluded or limited. Mexi Trading does not purport to exclude or limit such liability.
(b) Subject to:
(i) paragraph (a) and to the extent permitted by law; and
(ii) except as otherwise expressly provided in terms and conditions applicable to specific transactions that may be facilitated by this website,
you agree that:
(iii) Mexi Trading is not liable to you for any loss (including loss of data), damage, liability, claim or expense including but not limited to legal costs and disbursements arising from your use of this website and whether your claim arises from breach of contract, negligence or other tort or breach of statute, wilful act or otherwise; and
(iv) All terms, conditions and warranties other than those expressly contained in this website are excluded.
Copyright in this website
This website is copyright of Mexi Trading. You may download the content of this website for your own personal or private use and may print extracts for such purposes but otherwise you may not make any permanent or enduring copy of this website, its content or its computer code.
You may not reverse engineer or compile this website. You may not distribute copies of this website or its content to third part for commercial purposes without the prior written consent of Mexi Trading.
Mexi Trading’s Trade marks
The trade marks “MEXI TRADING”TM and AQUA BLUE H2O used in this website are the property of Mexi Trading (except where otherwise expressly stated) and you agree that you must not use any of the Mexi Trading trade marks (or any mark that is substantially similar to any of them) without the prior written agreement of Mexi Trading.
Trade Marks of other suppliers
Mexi Trading sells products under its own trade marks and brands. We also sell original, genuine products of other suppliers/manufacturers.
All users of this website please note that:
1. Mexi Trading is an independent supplier of the products promoted on this website;
2. Mexi Trading does not assert or imply any affiliation with or sponsorship or approval from the other manufacturers and suppliers whose various products are sold via this website; and
3. The product and manufacturer names (of other suppliers and manufacturers) used on this website are included only to indicate either that the products promoted are genuine or that they are compatible with products supplied by those other suppliers and manufacturers.
Links
This website may contain links to websites operated by third parties (“linked sites”). You agree that
(a) Mexi Trading does not re-publish, endorse, recommend or approve the linked site; and
(b) Mexi Trading makes no representation or warranty concerning the accuracy or other characteristics of the content of the linked site or the experience you will have at the linked site.
Jurisdiction
The laws of New South Wales, Australia governs your use of this website. You and Mexi Trading will submit to the non-exclusive jurisdiction of the courts of that place.
Amendment of these terms
Mexi Trading may amend this website at any time, including these terms and conditions. It is your responsibility to check these terms each time you use this website.
Terms of sale
1 Interpretation
In these terms and conditions of sale, the following expressions have the following meanings:
“Agreement” means these terms and conditions of sale and the Terms of Use;
“Delivery” means when We or Our contracted carrier leaves the Goods at the address You nominate for Delivery when You submit Your order.
“Delivery Charges” means Our charges for Delivering the Goods.
“Goods” means Goods ordered by You and/or supplied by Us under this Agreement, as the case requires.
“GST” means goods and services tax as provided in the A New Tax System (Goods and Services Tax) Act. 1999 (Cth), as amended.
“Price” means the price payable for the Goods as specified in this Website.
“Mexi Trading”, “We”, “Us” and cognate expressions mean Mexi Trading Pty Ltd (ABN 82 153 179 287) and Our successors and assigns.
“Website” means this website (located at [here insert relevant website URL] as changed from time to time.
“Website terms of Use” the terms of use of this Website found here.
“You” means the person submitting an order and any other person or company on whose behalf the order is submitted and Your successors and permitted assigns.
2 Application of these terms and conditions of sale
2.1 By using this Website or offering to buy any Goods by means of this Website, You agree to be personally bound by this Agreement and by the Website Terms of Use. If You submit an order on behalf of a third party (for example, Your employer), with that party’s consent, that third party is also bound by this Agreement and by the Website Terms of Use.
2.2 In the context of Your purchase of Goods via this Website, if there is any inconsistency between this Agreement and the Website terms of Use, this Agreement prevails to the extent of the inconsistency.
2.3 We may vary this Agreement at any time without notice. It is Your responsibility to read and consider these terms and conditions whenever You wish to purchase Goods from Us. Changes to this Agreement do not apply to any order after You have submitted it to Us.
3 Purchase for end-users only
3.1 This Website offers Goods for sale to end-users only. By purchasing Goods via this Website You warrant that the Goods are for Your use and that You are not purchasing the Goods for the purposes of re-sale or re-supply by any means.
3.2 Limits to the quantity of Goods that can be purchased via this Website apply and are set by Us from time to time. If Your order exceeds any such limit, You will be notified when You submit Your order and You will be asked to submit Your order for a lesser quantity of Goods.
3.3 If you wish to become a reseller of the Goods sold via this Website, please contact Us.
4 Orders – submission; acceptance; rejection; cancellation
4.1 When You submit an order via this Website:
(a) You make an offer to purchase the selected Goods for the Price, Delivery Charges and GST notified at the time You submit it;
(b) You must provide Us with accurate, and complete information and provide any additional details We may require.
4.2 We are not bound to accept any order. If We:
(a) accept Your order:
(i) We will send You an email confirming acceptance and We will supply the Goods in accordance with this Agreement; and
(ii) that results in a separate binding contract for the sale and purchase of the relevant Goods, on the terms and conditions of this Agreement;
(b) reject Your order:
(i) We will notify You at the time You submit the order or afterwards within a reasonable time; and
(ii) any payments We have received from You will be refunded in full.
4.3 If Goods You have ordered are not in stock, We will make reasonable endeavours to obtain them within 30 days. We will notify You of this and provide You with an estimated Delivery date.
4.4 You may cancel an order (whether We have accepted it or otherwise) at any time before the Goods have been Delivered. You can effect cancellation by contacting Our Customer Service Department during office hours. After Delivery, You may return Goods if they are not damaged in accordance with clause 8 (Returns).
4.5 If You cancel Your order:
(a) before the Goods are dispatched for Delivery, We will refund all monies paid by You in full; or
(b) after Goods are dispatched for Delivery, We will refund all monies paid by You excepting Delivery Charges and GST on those Delivery Charges.
(c) Special order product 3M Aquapure , Puretec , Johnguest part any return handling charge 15% deduct from whole amount
4.6 We may cancel an order after We have accepted it if:
(a) the Goods You have ordered are not available;
(b) the information You provide to Us is incorrect or incomplete;
(c) We reasonably believe that Your order has been submitted in breach of this Agreement;
(d) We are unable to process Your payment of any monies payable to Us under this Agreement and/or
(e) if We reasonably believe that the credit card details You have submitted are fraudulent or that You are otherwise attempting to obtain the Goods by unlawful means.
4.7 If We cancel Your order at any time, We will:
(a) notify You by email to the email address submitted by You with Your order;
(b) not process Your payment or, if We have already processed payment at the time of cancellation, refund all monies paid by You.
5 Delivery
5.1 We will Deliver the Goods to a Delivery address (within Australia) that You specify when You submit Your order.
5.2 Any notice to You of a Delivery date for Your order is an estimate in good faith and We are not liable for delays or any failure in Delivery.
5.3 Unless We otherwise agree in writing with You:
(a) a person must be present at the Delivery address to take possession of the Goods. We recommend that You be present but You authorise Us to leave Goods in the possession of any person at the Delivery address who reasonably appears to Us or Our contracted carrier to be (in the case of a residence) residing at the Delivery address or (in the case of a business address) working at the Delivery address. We may require photographic or other proof of identity and/or to show Us or Our carrier the credit card used to purchase the Goods.
(b) if no-one is present at the Delivery address then, We may, in Our discretion, not leave the Goods at the Delivery address. In such cases, We will contact You to arrange an alternative Delivery date and time and You must pay Us any additional Delivery Charges on or before Delivery.
5.4 By Authority To Leave on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
6 Price, payment, GST and Delivery Charges
6.1 Prices for Goods are displayed on the product list on this Website. Prices are subject to change from time to time without notice but We will not change the Price after You have submitted Your order. Prices may not match the prices for the same Goods in other websites We operate.
6.2 You agree to pay the Price for the Goods You order, the Delivery Charges, GST and other applicable taxes and any other fees of which We notify You when You submit Your order.
6.3 All monies must be paid to Us on submission of Your order.
6.4 You can pay monies payable to Us by using the credit cards shown in the payment section when You submit Your order. You authorise Us to debit the amounts payable to Us from your nominated credit card.
6.5 You must pay Us GST on the Price, Delivery Charges and all other fees and charges payable under this Agreement at the prevailing rate set under the GST Law. We will provide You with a tax invoice when We process Your payment and a receipt for payment on Delivery of the Goods.
7 Risk and title.
7.1 Risk in and title to the Goods passes to You on Delivery.
8 Returning undamaged Goods after Delivery
8.1 After Delivery, We will accept Your return of un-damaged Goods purchased by You via this Website for a period of X days after Delivery, subject to You providing proof of purchase (ie showing Us the invoice or Your receipt).
8.2 If We accept the return of Goods, We will refund You the Price (and GST paid on the Price) that You paid for those Goods, but not the Delivery Charges or GST on the Delivery Charges paid by You.
8.3 All returns need to be made 30 days of purchase.
9 Defective Goods – warranty against defects
9.1 Warranty 12 month exchange warranty offer.
10 Limitation of Our liability
10.1 Nothing in this Agreement purports to limit or exclude Our liability if that liability is imposed by law and if, under that law, We are not permitted to limit, exclude or modify the liability so imposed. All further provisions of this clause are subject to this clause 10.1.
10.2 Subject to clause 10.1, all implied terms and warranties are excluded. Only those terms and warranties that are expressly made in this Agreement or in this Website, apply. You agree that you do not rely on any representations not expressly made in this Agreement or otherwise in this Website.
10.3 Subject to clause 10.1 and the other provisions of this clause 10, Our liability to You for breach of contract, negligence or other tort, is limited at our option:
(a) in the case of goods, to the replacement or repair of the goods or the payment to You of the cost of replacing or acquiring equivalent goods or of having the goods repaired; and
(b) in the case of services, the resupply of the services or the payment to You of the cost of having them re-supplied.
10.4 Subject to clause 10.1, for the sake of clarity and in addition to clause 10.3, We are not liable to You for loss of profit, lost opportunity or opportunity cost, loss of cost savings, economic loss, indirect and consequential loss.
11 Transferring this Agreement
11.1 You must not transfer any order or, once an order is accepted by Us, this Agreement, to any third party.
12 Applicable law
12.1 Your use of this Website, orders and this Agreement are governed by the laws in force in New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that place.
General
The Water Shop considers the privacy of its customers to be of utmost importance and works to protect it. The purpose of this Privacy Policy is to inform you, as a visitor to our website, the type of information we may gather about you, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information.
Type of information
In the course of serving its customers, The Water Shop acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Information such as a customer`s name, address, telephone number, and credit or bank card information is provided to The Water Shop by its customers in order to purchase goods. In addition, The Water Shop may store customers’ electronic mail and other communications as are necessary to the transmission and delivery of those communications.
Use of information
The Water Shop does not make any client data available to third parties. We do not sell lists, accept advertising, or generate any third-party revenue from the data that is generated on this site. The Water Shop may disclose or access account Information for administrative and other purposes that we deem necessary to maintain, service and improve our products and services.
Responses to Email Enquiries
When visitors or customers send email enquiries to The Water Shop, the return email address is used to answer the email inquiry we receive. The Water Shop does not use the return email address for any other purpose and does not share the return email address with any third party.
Security Policy
Data Security
The Water Shop is committed to taking reasonable measures to protect your personal information from theft, misuse and alteration.
Secure Ordering
When purchasing from The Water Shop your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is estimated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our Security Policy, please email our customer support center at sales@thewatershop.com.au.
Conditions of Use
Terms & Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The Water Shop maintains this website as a service to its customers. By using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement ("Agreement") with respect to our website (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark, registered trademarks and another proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of Use of this Site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by The Water Shop in its sole discretion.
4. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting, and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer
The information from or through the Site are provided "as-is," "as available," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This Site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this agreement.
9. Limits
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10. Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Privacy Policy
Our Privacy Policy can be found here below.
Mexi Trading PTY LTD (https://thewatershop.com.au/)is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure, and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in via our website www.thewatershop.com.au.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
[Your business name] will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
15/365-369 west botany street Rockdale 2216 NSW AU
admin@thewatershop.com.au
1300 767 072 or 02 9695 7470
12. Payments
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
13. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbours for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14. Submissions
All suggestions, ideas, notes, concepts and other information you may from time to time sent to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
15. Return Policy
Due to the nature of our online site, and the products listed, The Water Shop, has a strict RETURN policy for any product. Please refer to the Shipping and Returns page for more information.
16. Venue - Applicable Law
You agree that all actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site or any samples or products obtained by you through such use, shall be litigated in the circuit court of “Australia, New South Wales”. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Sydney, New South Wales or the district of New South Wales is an inconvenient forum or an improper forum based on lack of venue. This Site is created and controlled by The Water Shop in the State of New South Wales, Australia. As such, the laws of New South Wales will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
17. Pressure Limiting Valve
Do I Need a Pressure Limiting Valve?
Short answer is yes. A pressure-limiting valve is vital for a number of reasons.
Firstly, The Plumbing Code of Australia and the Australian Standards (AS/NZS 3500) require that water pressure on your property must not exceed 500kPa. Water mains pressure may be considerably greater than this.
The Australian Standards also state that any new buildings or extension work done to your plumbing requires the installation of a pressure limiting value. Failure to do this means that your building does not comply. The standards go on to say that ‘pressures above 500kPa can cause damage from water hammer, reduced life of appliances, taps and fittings, and cause excessive noise in the system.’
While the Plumbing Code of Australia and the Australian Standards require pressure limiting valves, so do many manufactures of appliances and fixtures. Many manufactures of taps, showers, hot water systems and washing machines, just to name a few, set a maximum inlet water pressure. Water pressure which exceeds their maximum voids their warranty.
If appliance warranty was not enough, without a pressure limiting valve you may not be covered by your insurance company. If an appliance or fixture fails as a result of high water pressure you may not be covered by insurance.
Price Beat Terms & Conditions
This guarantee applies to genuine quotes from Australian registered businesses and websites;
Product must be in stock and able to be purchased by the general public;
Price beat must relate to the exact same replacement part number and UPC code;
This guarantee does not apply to low stock items;
Price beat excludes:
• Fisher& Paykel 836848, 847200
• Electrolux 807946705
• Everpure
• Omnipure
Samsung DA29-00020B we do not carry any counterfeit please be aware.