About These Terms and Conditions
These Terms and Conditions together with the customer’s Order constitute the entire Contract between W.H. Amad and the customer for the supply of Products. The Contract cannot be varied unless W.H. Amad agrees to vary it in writing or by email.
Australian Sales Only
W.H. Amad sell and ship Products only within Australia. We will not make deliveries outside of Australia.
Legal Capacity To Transact
If the customers are under the age eighteen (18) years the customer cannot place orders with W.H. Amad. By accepting these Terms and Conditions the customer acknowledges that they are over the age of eighteen (18) years. Should W.H. Amad suffer any damage or other losses as a result of a transaction entered into by a minor, W.H. Amad reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with W.H. Amad.
Placing Your Order
The customer may place an Order by filling in the Order Form on the W.H. Amad Web Site and clicking the “Submit My Order” button. When the customer places their Order, W.H. Amad will issue the customer with an Order Number. They will do this by email. By placing an Order, the customer makes an offer to W.H. Amad to purchase the Products the customer has selected based on these Terms and Conditions. Information contained on the W.H. Amad website constitutes an invitation to treat. No information on their website constitutes or should be deemed as an offer by W.H. Amad to supply any Products; however W.H. Amad will make every effort to supply Products to the customer. We will notify the customer that the order is being processed by sending the customer an Order Confirmation and tax invoice via email; however, they do not formally accept the customer offer until the customer’s order has passed the internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. W.H. Amad reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. W.H. Amad will confirm acceptance of the customer order when they send the customer an email confirming shipment of the goods that the customer has ordered. If they cannot process or accept the customer’s Order after payment is received W.H. Amad will contact the customer by email or telephone.
Payment Methods And Processing
W.H. Amad currently accepts PayPal, BPAY, Visa, MasterCard and American Express only. Payment processing will not begin until they receive all the information we need. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding NSW Public holidays. W.H. Amad process credit card and PayPal payments after the customer click the “Submit My Order” button. Where the customer pays by BPAY they must pay the price payable in Australian dollars as indicated on your Order Confirmation within 5 days from the date that the customer receives their Order Confirmation. If a BPAY payment is not received within 7 days from the date that the customer receives their Order Confirmation, W.H. Amad reserves the right to cancel the transaction. For credit card and PayPal payments W.H. Amad will email a tax invoice to the customer with the Order Confirmation. Where the customer pays by BPAY a tax invoice will be sent to the customer via email after the customers payment has been confirmed. The tax invoice is the customers proof of purchase.
- W.H. Amad are unable to accept credit cards issued by banks outside of Australia.
- Debit cards and cheque cards have daily spending limits that may substantially delay the processing of the order.
- The customer may be required to provide further identification for additional security reference checks.
W.H. Amad purchases include GST.
W.H. Amad reserves the right to change prices for Products displayed on the website at any time before the customer place an Order. The price of products shown excludes shipping costs. Shipping cost is shown separately on the product page but may be recalculated based on how many and what items the customer’s place in the their shopping cart.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When the customer’s Order items have been dispatched, they will email the customer to confirm shipment of each item including a tracking number for each item.
Out of Stock Products
As stock movement is constant, there may be times when a product states ‘in stock’ but may fall out of stock during a customers transaction. If this happens, you will be notified as soon as possible, and can choose to have a full refund or exchange the out of stock product for a product in stock.
Delivery Of Your Products
Delivery time takes up to 10 working days from the date the customer’s payment is received. Please note that BPAY payments take 1-2 business days to process. In all instances estimated delivery times will be displayed at the checkout for the customer’s Product. W.H. Amad makes every effort to deliver your Product according to the estimated delivery times provided by W.H. Amad at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays. Although every effort is made to ship the customer’s Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If the customer’s Product has not arrived after the estimated delivery time, please contact W.H. Amad here. W.H. Amad encouragers the customer to visit the “Your Account” section on the website to view the delivery status of the Products. Unless otherwise agreed by W.H. Amad, they will deliver the customer’s Products to the address indicated on the customer’s Order Confirmation. If no-one is available to take delivery of the customer’s Products, W.H. Amad carrier (Australia Post eParcel) will leave a card so the customer can pick-up your Product from your local Post Office. Where delivery is by W.H. Amad courier service and no-one is available to take delivery, they will leave a card requesting the customer to telephone them to arrange a suitable time and date for delivery. W.H. Amad will use their reasonable efforts to deliver the Products to the customer’s within the estimated delivery time indicated on the customer’s Order Confirmation; however, W.H. Amad do not guarantee that they will deliver within this time frame. Title and risk of loss to all Products will pass to the customer on delivery.
“Your Account” – Your Credits
“Your Account” with W.H. Amad has a credit facility. Customer’s may only use credits in “Your Account” as detailed here. There are only three (3) types of Credit available for use in “Your Account”.
W.H. Amad may credit “Your Account” with a Refund Credit from time to time. W.H. Amad will only provide Refund Credits under the Terms and Conditions detailed under “Your Rights to Return a Product”. Where “Your Account” holds Refund Credits and the customer place an Order for a Product or Products:
- Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in “Your Account”, the customer retain the future use of any unused Refund Credits to apply towards any future Product payments; or
- In the event that the customer has insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), the customer must pay any remaining outstanding balance due on the Product by PayPal, BPAY, Visa, MasterCard or American Express.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about the customers rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, the customer is entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
- keep the goods and receive compensation for the drop in value caused by the problem.
If the customer thinks that a Product is defective they should contact our Customer Service Help Centre. A photo may be requested to assist with the assessment of the claim. Where a Product is defective and needs to be replaced or repaired return shipping will be arranged at the expense of W.H. Amad. If a Product is replaced, your replacement Product becomes the customers property and the returned Product becomes W.H. Amad property. When a refund is given, the returned Product becomes W.H. Amad property.
Returning a Product
Returning a product if you change your mind
If the customer changes their mind about a purchase or makes an incorrect choice, W.H. Amad will provide the customer with a store credit within 14 days of delivery for unopened products. This credit does not include delivery costs. This only applies to items which are not specifically manufactured to order.
Return Authorisation Number – A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective , Customer Service will issue the customer with an RA. Products cannot be returned without an RA. The Product should be returned to W.H. Amad within 30 calendar days of the issuance of the RA. Where possible, all Products should be packed in the original, unmarked packaging.
Organising the Return of Products
Products must be returned whenever W.H. Amad agrees to provide the customer with a refund or replace the Product. Where the customer receives a defective Product by Australia Post eParcel, Customer Service will email the customer a PDF voucher containing an RA which the customer must affix to the product. W.H. Amad will pay for returned items automatically if the customer notifies them of the customers claim within 30 days of delivery. The customer must then take the Product to any Australia Post Office for return. Where the customer has received a defective Product by W.H. Amad courier service, they will make arrangements with our courier service for collection of the Product, and will notify the customer when they will collect the Product from them. Pickup times are between 9am and 5pm, Monday to Friday. Customer Service will email the customer a PDF voucher containing an RA which customers must affix to the product.
When a Replacement Product is arranged
- A replacement for the same Product that customers ordered will be shipped to them at our expense, after W.H. Amad have received their returned Product.
- The delivery time for the replacement Product will be the same as stated for the original Product.
Customer Data – Use And Protection
By placing an Order, the customer agrees that W.H. Amad may store, process and use data collected from the Order Form for the purposes of processing and delivering the customer’s Order. If the customer so indicates on the appropriate section of their Order Form, by placing their Order they also agree that W.H. Amad may use such data, other than credit card details, in order to provide the customer with information from time to time on other W.H. Amad Products that may be of interest to the customer. If the customer does not agree to W.H. Amad using such data in order to provide the customer with information on other W.H. Amad Products, they should indicate their non-agreement on the appropriate section of the Order Form. Customers may obtain a copy of the data held by W.H. Amad concerning their on request in writing. W.H. Amad reserves the right to charge an administration fee for processing such request. If any data held by W.H. Amad concerns the customer is incorrect, W.H. Amad will correct it on the customer’s written request. Please refer to our Privacy Statement.
Credit Card Fraud
W.H. Amad will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
When customers place their Order by either a Credit Card or PayPal they may be sent an email from the Fraud Prevention Officer requesting further information, such as a copy of the customer’s credit card and drivers license for identification. After verification this information will be destroyed. In this case, until the customer order has passed internal Fraud Prevention procedure checks their order will remain on Pending status. If the customer does not provide the requested information within 7 days, their order will be cancelled and their payment will be refunded back to the method in which they paid. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud.
Customers shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of W.H Amad. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Neither W.H. Amad failure nor the customer’s failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition. W.H. Amad reserves the right to change the Terms and Conditions of sale at any time. The Terms and Conditions applicable to customers are those on W.H. Amad’s website at the time customers order their product. No W.H. Amad employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
To the extent permitted by law, W.H. Amad is not liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of W.H. Amad, and W.H. Amad shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.