TERMS & CONDITIONS

Terms & Conditions

1) GENERAL

1.1 Pest IT Pty Ltd is a company that provides a range of pest control products available for purchase via the online store.

1.2 Access to and use of the site, which includes ordering products via the online store, is governed by the terms and conditions listed here.

2) COMPLIANCE

2.1 You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. You agree to comply with the terms of use.

2.2 You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.

3) PLACING AN ORDER FOR PRODUCTS

3.1 You may order product by selecting and submitting your order through the site in accordance with these terms and conditions.

3.2 Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

3.3 We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

3.4 You agree to provide us with current, complete and accurate details when asked to do so by the site.

4) ACCEPTANCE OR REJECTION OF AN ORDER

4.1 In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.

4.2 Each order placed for products through the site which we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:

(a) supply the products in that order to you in accordance with these terms and conditions; and
(b) provide you with an email confirmation of that order.

4.3 If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5) BACK ORDERS

5.1 If we determine that we do not have a particular product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant product. In this instance, we will notify you of the relevant Back Ordered products and the anticipated delivery date.

6) DELIVERY OF PRODUCTS

6.1 We will only deliver products ordered through the site to a location where we provide delivery services. In most cases, we cannot deliver to PO Boxes. If you place an order including these items with a PO Box listed for delivery, we will email you to supply an alternate address.

If no address is available and no alternative delivery options open, we will have to cancel the order and refund any payments made.

6.2 You may obtain further information on the site about our delivery timeframes and how we deliver certain products. The Delivery Fee for your order depends on the type of product you order (in particular, the size and weight of the product) and also delivery address/postcode.

6.3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.

6.4 We also recommend that you be present to accept the delivery of your order if you have paid by credit card, however you can request an Authority to Leave (ATL). This authorises the courier agent to leave the parcel in a safe place. We cannot accept any liability should this be granted, and a parcel goes missing. We can only add an ATL if this is requested at the time of order. We cannot retrospectively add an ATL as once goods have left the warehouse, only the recipient can authorise this through the courier.

6.5 If you have not provided an ATL as above, and there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then the courier may not deliver the product you have ordered. In this instance, a card will be left advising you of the next steps.

6.6 You acknowledge and agree that any person at the delivery address who receives the product is authorised by you to receive your order.

6.7 Payment is required in full before your order can be delivered to you.

6.8 Pest IT Pty Ltd offers delivery by courier of our choice. We reserve the right to change the shipping carrier, depending on stock availability, delivery location and total weight of order to Australia Post OR courier of our choice.

6.9 If the order exceeds 20kg, we will use a courier service of our choice.

6.10 For orders, delivery usually takes 3-4 business days, however we cannot guarantee this time frame.

9) RISK AND TITLE

9.1 Risk and title to the product passes to you on the date and time of delivery to the delivery address.

10) CANCELLING AN ORDER

10.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(a) the products in that order are not available; or
(b) there is an error in the price or the product description posted on the site for the products in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions.

If we do so, then we will endeavour to provide you with reasonable notice of that cancellation and will not charge you for the cancelled order.

10.2 You may cancel an order (whether it is accepted by us or not) by contacting Pest IT Pty Ltd during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may only return the relevant product in accordance with these terms and conditions.

10.3 If an order has been cancelled by yourself after it has been despatched, and a refund is given, we will not refund the postage charges incurred by this cancellation. Refund will only be given for the price of the product and only after it has been received back to us in an un-used condition. Postage charges are NON REFUNDABLE.

11) FEES AND CHARGES

11.1 We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.

11.2 All fees and charges identified in these terms and conditions and all prices for the product include GST where applicable.

11.3 The purchase price of each product is shown on the products list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any rival stores for the same product and we are not obliged to match any prices.

11.4 Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order.

11.5 If you cancel an order then:

(a) subject to (b), we will refund any amounts paid by you for that cancelled order;
(b) we will not refund the Delivery Fees where the products in your cancelled order have been dispatched for delivery.

12) PAYMENT METHODS

12.1 You may pay the fees and charges for an accepted order using the following payment methods:

(a) Visa, MasterCard

(b) PayPal

(c) Direct Bank Transfer

12.2 If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order.

12.3 If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.

12.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

12.5 We will provide you with a receipt at time of delivery (emailed) which specifies the total fees and charges for the products in the order.

13) DAMAGED PRODUCTS AND RETURNS

13.1 You must check any products delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us at [email protected]. If you notice damage to a product after delivery, or if it has been incorrectly shipped, you should notify us as soon as possible. If so, you may return the product to us within 14 days of receipt, in accordance with this clause.

13.2 We do not refund for change of mind purchases. If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, please contact us on 1300 665 657 or [email protected]

13.3 Our Returns Policy is incorporated into these terms and conditions. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.

13.4 We will not refund the Delivery Fee where the products have been delivered to you unless you are returning the product because it was damaged.

13.5 If your purchase is damaged in transit, we will send you a “no charge” replacement, freight free. You will need to return the damaged product (or fragments which demonstrate reasonable evidence of breakage) to us for assessment.

13.6 If you return a product because it was defective on arrival, but we find that the product is in full working condition or any defects or damage were caused after you took receipt of the delivery, it will be returned to you. You will be invoiced a processing fee and any freight costs associated with the return. These invoiced amounts will be payable within 14 days of receipt of invoice.

13.7 If the product is defective or incorrectly shipped (different to the one you ordered), upon receipt of the returned, we will offer you to select either a replacement or a refund by applying a credit against the credit card used for the original purchase issued for the original purchase price of the and associated freight cost.

13.8 A copy of the purchase invoice must be included with the returned product(s).

13.9 You are responsible for all costs associated with return of the product to us and we will not pay or reimburse any associated costs. We recommend that products returned by post be sent by registered or certified mail. We accept no responsibility for loss or damage occurring in transit. If a product is not returned to us in the original unopened packaging, it may be returned to you at your cost.

13.10 Method of refund will be in the same format as payment was made.

13.11 Any returned items must be in their original re-saleable condition in their original packaging. This includes any boxes, product manuals, spare parts etc.

14) TERMINATION

14.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency.

14.2 We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

15) CHANGES TO THESE TERMS AND CONDITIONS

15.1 For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.

15.2 We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you place your order.

16) PRIVACY POLICY

16.1 We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy.

16.2 We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:

(a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; and
(b) with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
(c) for other purposes to which you consent to (either express or inferred consent).

16.3 You may access your personal information, by logging into your registered account or by contacting us.

17) DEFINITIONS

Contact Hours means 8am to 4pm Monday to Friday (Melbourne time).

Delivery Address means the address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions.

GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

Product means each good or service that is advertised on the site.

18) SAFETY DATA SHEETS / PRODUCT LABELS

18.1 Safety Data Sheets (SDS) / Product Labels are supplied as a label reference guide for the products sold by Pest IT Pty Ltd.

 

Modern Slavery Policy – Pest IT Pty Ltd

Purpose

This policy establishes Pest IT Pty Ltd’s Modern Slavery compliance obligations under the Modern Slavery Act 2018 (Cth) (the Act) which took effect on 1 January 2019 and other relevant modern slavery legislation, collectively known as Anti-Slavery Law [1].

The Act establishes responsibility to provide annual mandatory Modern Slavery Statements outlining Pest IT Pty Ltd’s efforts to identify and manage the risks of modern slavery and maintain responsibility and transparency in its operations and supply chains.

Modern slavery is defined in the Act as including:

• Trafficking in persons;
• Slavery;
• Servitude;
• Forced Marriage;
• Forced Labour;
• Debt Bondage;
• Child labour; and
• Deceptive Recruiting for labour and services.

This Policy applies to, and governs the conduct of, all employees, officers and directors of Pest IT Pty Ltd, as well as all agents of Pest It Pty Ltd, joint-venture partners and any third parties doing business in Pest It Pty Ltd name (collectively known as ‘Personnel’).

Policy

Pest It Pty Ltd recognises the importance of protecting human rights and is dedicated to protecting the rights of all people including its employees, clients, and those within its supply chains. Pest It Pty Ltd does not condone or tolerate any form of modern slavery as identified under the Act and prohibits its Personnel and third parties engaged by Pest It Pty Ltd from contravening the Act.

Pest It Pty Ltd will not knowingly conduct business with subcontractors, subconsultants, independent contractors, business partners, suppliers, vendors, or other third parties who violate Anti-Slavery Law.

Contraventions of this policy by Pest It Pty Ltd Personnel may result in disciplinary action, including termination of employment, and violations by third parties may result in exercise of contractual remedies, including termination of the relevant contract.

All Pest It Pty Ltd Personnel are responsible for ensuring compliance with this Policy. Any Personnel who have reason to believe or have a reasonable suspicion that Pest It Pty Ltd or any of its third parties are conducting business with an entity that is participating in activities which are prohibited under this Policy and under Anti-Slavery Law must report the suspected activity to Director or Office Manager.

Pest It Pty Ltd is committed to ensuring it meets the obligations under the Act and are dedicated to implementing risk mitigation measures in order to combat forms of modern slavery and will continue to develop, communicate and maintain processes including Personnel training, supplier and vendor due diligence and statutory reporting.

[1] Anti-Slavery Law means:

1. a) Division 270 and 271 of the Criminal Code Act 1995 (Cth);
2. b) Modern Slavery Act 2018 (Cth);
3. c) Modern Slavery Act 2015 of the United Kingdom; and
4. d) any other relevant law which has as its objective the prohibition of exploitation of workers, human trafficking, slavery, slavery-like behaviour, involuntary servitude, forced marriage, forced labour, child labour, debt bondage or deceptive recruiting for labour or services (or similar).