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General Website Terms and Conditions
Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about pricing, the delivery & handling of goods, payment methods from The Berrima Diesel eShop and some other conditions of use that apply to The Berrima Diesel Website.
In these Terms and Conditions "We", "Our" or "Us" means The Berrima Diesel Australia of 3483 Old Hume Hwy, Berrima NSW 2777, NSW Australia , and "You" or "Your" means the person (customer) who accepts these Terms and Conditions.
This Agreement together with your Order constitutes the entire Contract between Us and You for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Legal Capacity to Transact
If you are under the age of eighteen (18) years you cannot place Orders with The Berrima Diesel Australia. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years. Should The Berrima Diesel Australia suffer any damage or loss as a result of a transaction entered into by a minor, The Berrima Diesel 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 The Berrima Diesel.
3. Website Use
It is your responsibility to ensure that your use or access to the website does not breach any laws or regulations that may apply to you in your jurisdiction.
The Berrima Diesel takes no responsibility for any damage or loss that may be associated with your use of the website. It is your responsibility to take suitable precautions to prevent the risk of viruses or any other form of malicious code that may potentially damage your computer system.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Berrima Diesel reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You may place an Order on the website and clicking the "Confirm Order" or "Put it on Layby" button. By placing an Order you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Order processing will not begin until we receive all the information we need. Orders placed on a weekend or public holiday will not begin processing until the next business day. Business days are Monday through Friday excluding NSW public holidays.
The Berrima Diesel reserves the right to cancel any Order at its sole discretion prior to the despatch of the Goods. If we cannot process or accept your order you will be notified by email or phone and a refund will be processed for the full amount paid.
5. Delivery & Handling of the goods
The Berrima Diesel offers two (2) options for the delivery of products that you order.
1. Per item Shipping Rate ( shipping via Australia Post) – Your product will be delivered once we confirmed your payment and delivery your goods to the delivery address which you provided at the checkout page. By default, your delivery and billing addresses are the same. you are able to fill with the different delivery address at checkout page as well. Fore the details of Australia Post terms and conditions, please visit here.
2. Pickup from store – For this option, you don't need to pay any shipping fee, but you need to pick your products at our local shop. our local shop address is 3483 Old Hume Hwy, Berrima NSW 2777, NSW Australia. And if you ordered any product of Exhaust Kit, Diesel Turbo System, Intercooler, you MUST call us at 3 days before you come to our local shop. Our contact number is (02) 4877 1276.
If you choose "Per item Shipping Rate", Your delivery time will be approximately 5 to 7 working days. However, there may be times when circumstances outside of our control result in delays. In the event of any such delays no liability for loss or damage as a result of the delay will be accepted by The Berrima Diesel. Package will be held at Post Office.
All The Berrima Diesel purchases include GST.
The Berrima Diesel currently accepts PayPal, Visa, Mastercard and Layby. Please note that for added security your credit card details are never stored in our system. We are unable to accept credit cards issued outside of Australia.
We currently provide three payment methods options:
- Credit or Debit Card
Protected by PayPal customer Protection
- Pay via PayPal
- PUT IT ON Lay-buy (Powered by PayPal) This is Layby option.
6.3 Layby Terms, agreements and contract:
Layby is an affordable payment plan option that allows you to pay-off a product or service via one down payment, with the balance paid over one to six monthly instalment. Your purchase is delivered to you after the final instalment payment is completed.
Layby is ONLY available for the orders of $350 or more on our webshop.
Record of Payment
A record of payments transaction history will always be available for both the merchant and customer, recording all amounts paid to-date and the date and value of all future pending payments as per your agreed Layby policy.
Storage and Identification of Layby Products
Product’s on Layby will be set aside and stored separately to other products. Products will be clearly identified as ‘Layby contract’ products by a number or some other identification.
Cancellation of Layby by customer
The customer may cancel their LayBy agreement form at any time prior to delivery of products and on delivery of products if the products are damaged by so advising The Berrima Diesel in writing or if The Berrima Diesel agrees, orally. If a customer cancels a Layby, The Berrima Diesel will, if so requested by The Berrima Diesel, give the customer a “Cancellation Statement” which sets out-
a) The purchase price of the products; and
b) Advise customer of the cancellation fee payable to The Berrima Diesel under all Layby terms and conditions; and
c) The total amount paid under the Layby; and
d) Any amount owing to either the customer or The Berrima Diesel under the layby terms on the cancellation of the Layby. If The Berrima Diesel does not accept the customer’s oral cancellation it is obliged to give/send the customer a duly completed Layby Form of Cancellation immediately.
Cancellation of Layby by The Berrima Diesel
The Berrima Diesel under a Layby must not cancel it unless –
a) The customer breaches a term of the Layby; or
b) The Berrima Diesel stops trading; or
c) The products are no longer available
Cancellation on breach by customer
If a customer has breached a term of a Layby and The Berrima Diesel intends to cancel the Layby, before doing so The Berrima Diesel must –
a) Give the customer notice of The Berrima Diesel’s intention to cancel the Layby.
b) Allow the customer at least 14 days within which to rectify the breach.
c) The notice to be given has to be:
I) In writing, sent to the customer's last known address, or, if the customer so agrees, orally.
II) The notice must specify the breach of the Layby for which the Layby is being cancelled.
III) must state the time within which the customer must rectify the breach.
IV) must state the matters listed per below:* the purchase price of the products.
* all cancellation charges payable under the agreement.
* the total amount paid under the Layby.
* any amount owing to either the customer or The Berrima Diesel under the terms of the Layby on the cancellation of the Layby. The Layby is cancelled at the end of the period specified in the notice unless the customer rectifies the breach before then or The Berrima Diesel agrees not to cancel it.
Cancellation where business closes
If The Berrima Diesel under a Layby agreement proposes to stop trading before the agreement is completed, The Berrima Diesel must give notice of the proposal to the customer and must either –
(a) allow the customer 7 days within which to complete the agreement; and
(b) cancel the Layby
Cancellation where products not available
If the products are no longer available, The Berrima Diesel must cancel the Layby and refund all monies to the customer.
Effect of Cancellation
Subject to the above, when a Layby is cancelled by either party, The Berrima Diesel must refund all money paid within 14 days less a $35 cancellation fee. There are circumstances which prohibit The Berrima Diesel from keeping the cancellation charge. These include but are not limited to, situations where the products are damaged or not delivered or where The Berrima Diesel has breached a term of the Layby statement.
The Berrima Diesel shall charge the customer a $35 cancellation fee under the terms of all Layby deals.
Banking Charges back Fees
The Berrima Diesel shall be entitled to pass-on to the customer all charge back fees received by any given bank for any given customer charge back from any given Layby deal.
The Berrima Diesel will only dispatch the customer products after receiving the final instalment payment for all Layby deals.
13.1This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the representatives, successors and assigns of the parties hereto.
13.2This Agreement may be amended only by a written instrument duly executed by all parties hereto.
13.3The parties hereby represent and warrant that each of them has full legal right, power and authority to enter into this Agreement and to carry out its obligations hereunder.
13.4This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
13.5Article headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
* Berrima Diesel do not provide Layby payment plan to any package deal , special deal or promo deal currently.