Terms of Service

TERMS AND CONDITIONS

Welcome to Cleanr Crates. These terms and conditions (Terms) set out the terms on which Cleanr Crates Pty Ltd (ACN: 618 245 597) (Cleanr Crates, we or us) will supply to you the products listed on our website (Products) at www.cleanrcrates.com.au (Website) and which govern your use of the Website.

By placing an order with us for Products and/or using the Website, you agree to comply with, and be bound by, these Terms. If you do not agree with all of these Terms, please do not order any of our Products or use the Website.

  1. Orders
        1. You are provided with an opportunity to check your order and make any adjustments before confirming your order for any Products. Please carefully review any proposed orders before proceeding with your order.
        2. You agree that a contract with us for the sale and supply of Products is formed when:
          1. you place and confirm an order for Products via the Website;
          2. either (as the case may be):
            1. you make payment in full for Products and delivery charges via your nominated credit card, debit card or other payment facility accepted by us (One Off Orders); and/or
            2. you agree to subscribe for a regular supply of our Products by making regular payments billed to your nominated credit card, debit card or other payment facility accepted by us, every three months (Subscription Orders); and
          3. the acceptance of your order by us.
        3. For Subscription Orders, you agree to pay recurring periodic payments to us which will be deducted from your nominated credit or debit card, until cancelled by you or us in accordance with these Terms. The subscription amount and billing interval are set out on the checkout page of the Website. We reserve the right not to renew your Subscription Order in our absolute discretion.
        4. By placing an order for Products via the Website you agree and warrant that:
          1. you are over the age of eighteen (18) years;
          2. you are capable of entering into a legally binding contract with us;
          3. you are authorised and able to make payment via the payment method you have specified in your order; and
          4. the delivery address that you provide to us in the order is correct and up to date.
        5. We endeavour to be as accurate as possible in the description and provision of our Products on our Website. However, you acknowledge and agree that any images of the Products on the Website are for illustrative purposes only.
  2. Price and Payment
        1. The price of the Products and applicable delivery charges are shown on the Website in Australian dollars from time to time, except in cases of obvious error. While we endeavour to give you advance notice of any changes in our pricing and availability, we reserve the right to change our prices and availability of products at any time.
        2. Payment for all Products must be by credit card, debit card (we accept payment by Mastercard, Visa or American Express), PayPal, ApplePay, GooglePay or AfterPay.
        3. All payments for Products must be made in full prior to dispatch and delivery.
        4. Payments must be made via the third party payment gateway facility accessible via the Website, and will be subject to any terms and conditions of the respective third party providers. You acknowledge and agree that there are risks in using third party payment services and in doing so, we are not responsible for any loss or damage suffered by you in using third party payment services.
        5. We may offer gift cards, discount promotions and other types of vouchers (Voucher) which can be applied to payment for Products. Only one Voucher is allowed to be applied per order, and Vouchers may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
        6. We reserve the right to withdraw or cancel any Voucher or exclude the use of any Voucher on specific Products for any reason at any time.
  3. Dispatch & Delivery
        1. All delivery fees indicated on the Website are for delivery to addresses in Australia only. For overseas delivery enquiries, please email us at scott@cleanrcrates.com.au.
        2. You agree that it may not be possible for us to deliver to all locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
        3. For Subscription Orders, we will endeavour to dispatch your order to your nominated address by the 7th day of the month following the date your order was accepted by us and every 3 months thereafter, or the closest date thereto depending on weekends and public holidays.
        4. For One-off Orders, we will endeavour to dispatch your order to your nominated address within two (2) business days of the date your order was accepted by us.
        5. We may subcontract the supply, delivery or transportation of the whole or any part of the Products. You acknowledge and agree that there are risks in using third party delivery services and in doing so, we are not responsible for any loss or damage suffered by you in using third party delivery services. We accept no responsibility or liability for delivery failures or delays by any third party delivery contractor.
        6. We will use our best endeavours to deliver your order within any stated timeframes for dispatch, however we do not warrant that these timeframes will always be met, as many factors affect these timeframes.
        7. Products will be delivered with an ‘Authority to Leave’ instruction, and you must ensure that you are able to take delivery of the Products without undue delay and at any time reasonably specified by us at the address you provide to us when you make your order.
  4. Returns and Cancellations
        1. To the extent permitted by law, all orders that are accepted by us are final and no returns or substitution of any products is permitted, however we may offer a refund, replacement or other substitution in our discretion.
        2. If your Products are damaged upon receipt or you have received an incorrect order, you must contact us by email to scott@cleanrcrates.com.au within two (2) business days of receipt of the damaged or incorrect Product with details of the damage or incorrect order, and we may offer a refund, replacement or other substitution in our discretion.
        3. In relation to Subscription Orders, we will send you an email 14 days and 7 days prior to the scheduled date for periodic payments being debited from your nominated credit card or debit card. If you wish to cancel your Subscription Order, please contact us by email to scott@cleanrcrates.com.au. To the extent possible, notice of cancellation received by us prior to the scheduled date for dispatch of Products will be processed prior to the corresponding periodic payment being debited from your nominated credit card or debit card.  To the extent it is not possible to process a notice of cancellation prior to the scheduled date of dispatch, we will notify you accordingly and a refund may be offered in our discretion.
  5. Title and Risk
        1. Title to the Products will only pass to you when we receive full payment of all monies due in respect of the Products, including delivery charges.
        2. The Products will be at your risk from the time of dispatch for delivery. If dispatch for delivery is delayed, risk shall pass at the date when dispatch delivery would have occurred.
  6. Disclaimers and Liability
        1. To the extent permitted by law:
          1. you acknowledge and agree that all Products purchased from us are on an “as is” basis and we provide no warranties in relation to the Products (including in respect of compliance with any applicable safety standard or other consumer protection or product liability standard applicable to the Products) and exclude all implied warranties under the Competition and Consumer Act 2010 (Cth);
          2. we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of our Products (including compliance with any applicable safety standard or other consumer protection or product liability standard), or any information accessed using the Website. You acknowledge and agree that you are responsible for ensuring that our Products are suitable for your purposes and should not rely on any information accessed using the Website to make a purchasing decision; and
          3. we are not liable to you, or any person claiming through you for any consequential loss (including loss of profits, loss of market, loss of chance, loss of production, expenses incurred and reliance damages) for any reason whatsoever, howsoever caused.
        2. In the event that we fail to comply with any implied guarantee provided for in the Competition and Consumer Act 2010 (Cth) in relation to the supply of the Products, our liability to you for failure to comply with any implied guarantees is limited to, at our option, one or more of the following:
          1. the replacement of the Products, or the supply of equivalent Products; or
          2. the repair of the Products; or
          3. the payment of the costs of replacing the Products, or acquiring equivalent Products; or
          4. the payment of the cost of having the Products repaired.
        3. You will at all times indemnify us and keep us and our officers, employees and agents indemnified from and against any loss (including direct and consequential loss), damage or liability incurred by us arising from any claim, demand, suit, action or proceeding by any person, arising out of, in connection with or in respect of:
          1. any product liability claim or claim arising from an alleged breach of safety standard or other consumer protection standard or law arising in connection with any Products;
          2. any breach of these Terms by you; and
          3. your use of the Website.
  7. Use of the Website
        1. The use of the Website and all information and data provided on or through the Website is entirely at your own risk. You are responsible for all of your activity in connection with accessing and using the Website.
        2. You may not use the Website:
          1. for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes or any Government authority;
          2. to distribute through the Website any inappropriate communication, virus, harmful components or other disabling code in any form;
          3. in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
          4. to make unauthorised access or modifications to the Website; or
          5. in any manner or for any purpose which is contrary to these Terms.
        3. The Website may contain information and materials from third parties, including advertisements, social media content and links to other websites, which are not under our control (Third Party Content). In relation to any Third Party Content which is on the Website, we:
          1. unless expressly stated otherwise, do not endorse or sponsor any Third Party Content or have any association with the operators of the Third Party Content; and
          2. are not responsible for the material contained in the Third Party Content, including without limitation, any material or link contained in the Third Party Content , or any changes or updates to the Third Party Content.
        4. We do not warrant, guarantee or make any representation that:
          1. the Website, or the server that makes the site available on the world wide web are free of software viruses, disabling code or other harmful components;
          2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free;
          3. any errors and defects in the Website will be corrected; and
          4. the information provided on or through the Website is suitable, reliable, accurate, current or complete.
        5. To the extent permitted by law, we exclude all liability for any loss or damage (including direct and consequential loss) arising from or in connection with:
          1. your use of the Website and any Third Party Content;
          2. your reliance on any information provided on or through the Website and any Third Party Content;
          3. the delay or inability to use any part of the Website; or
          4. the failure to provide services or any information through the Website.
        6. We may terminate access to the Website at any time without giving any explanation or justification for the termination of access. We are not liable to you for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
  8. Intellectual Property
        1. Unless otherwise indicated, we own or are licensed to use all intellectual property (including copyright, trade marks and designs) subsisting in the content (including any graphics, images, logos, text, material, software) on the Website.
        2. Content on the Website must not be modified, copied, reproduced, republished, framed, uploaded to a third party, posted, transmitted or distributed in any way except as expressly provided for on the Website, or as expressly authorised in writing by us.
  9. Privacy and Data Collection
        1. The Website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties, including Full Name, Address Details, and Date of Birth.
        2. When you subscribe to a Subscription Order and One-Off Order, we will collect personal information about you. We collect personal information about you so that we can:
          1. provide you with our Products;
          2. manage our relationship with you;
          3. contact you including to respond to your queries or complaints, or if we need to provide you with important information;
          4. comply with our legal obligations and assist government and law enforcement agencies or regulators; and
          5. tell you about other products that we think may be of interest to you.
  10. Disputes
        1. If you have a dispute in relation to these Terms, please email us at scott@cleanrcrates.com.au with details of the dispute.
  11. Notices
        1. All notices given by you to us must be given to us by email to scott@cleanrcrates.com.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.
  12. Amendments to these Terms
        1. We may revise and amend these Terms from time to time.
        2. You will be subject to the terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to these Terms before we confirm your order, in which case we have the right to assume that you have accepted the change to these Terms.
  13. Force Majeure
        1. We are not be liable for any delay in performing any of our obligations if such delay is caused by circumstances beyond our reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
  14. General
        1. These Terms are governed by and interpreted in accordance with the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the Courts of Western Australia.
        2. If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the agreement between you and us.
        3. The failure by us to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision.