1. About Peak Tools
- The goods and services described in this website are available from Peak Tools only, and will be available for you to make an offer to Peak Tools via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Peak Tools accepts your offer, Peak Tools will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.
- You and Peak Tools may enter into a sale contract for the sale and supply of products, by you making an offer to Peak Tools via the website, to purchase goods at the specified price, subject to these Terms.
- The Peak Tools logo and words are the intellectual property of Peak Tools.
- In these terms: – “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website. – a reference to the “websites” means www.peaktools.com.au or any associated websites owned by Peak Tools. – “Order” means an offer made by you in response to an invitation to treat made by Peak Tools via the website.
2. User Agreement
- By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
- These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
- You may access and/or use the website as a guest or as a member.
- To become a member of the website, you must provide your name and address, telephone number and a valid email address. If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us through the website.
- We only permit one registration per email address.
- You must not use another members’ account without permission.
- You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your account.
- We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Legal Capacity
- Any Order and/or purchase made by you using this website is an acknowledgement by you that you: I, accept these terms; ii. agree that you have entered into a legal contract with Peak Tools in relation to these terms; and iii. these terms, together with your order, constitute the entire agreement between you and Peak Tools for the supply of products.
- Peak Tools reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Peak Tools may suffer as a result of a transaction entered into by a minor.
- Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
- If a refund or credit is granted, Peak Tools can take up to 14 working days to issue the credit or refund for any returned items. Items will need to be returned within 14 days from the time of approval.
- You and Peak Tools may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
- placing an electronic Order for the products using the website;
- you confirming the Order details in accordance with the procedure on the website;
- you making payment in full (plus any applicable delivery charges) on the website; and
- the acceptance of that offer by Peak Tools.
- When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
- any requirements set out in these terms have been met;
- the electronic instruction containing the offer from you enters and is recorded in our database;
- a record is created and stored in our database; and
- Peak Tools receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
- You acknowledge that:
- the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Peak Tools for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third-party website providers or systems;
- to the extent permitted by law, Peak Tools is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
- Peak Tools may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Peak Tools may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
- You will receive an email from Peak Tools as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
- If your Order is not accepted by Peak Tools, Peak Tools will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
- Peak Tools may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
- Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Peak Tools cannot supply a particular product, Peak Tools will notify you by telephone or email as soon as possible.
- Peak Tools will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
- Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
- Each published saving in respect of a product is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of Peak Tools.
- Images of products shown without any advertised price beside that image are not offered for sale.
- Unless otherwise stated, any accessories shown in any image of products are not included in the price.
- All limited time promotional prices, specials and other offers are set to AEDT (Australian Eastern Daylight Time) and will only be honored during this time frame.
- We reserve the right to correct any errors published on the website.
7. Peak Tools Price Beat
- Peak Tools Pty Ltd price beat is subject to these Terms.
- We will beat any current advertised price by 11%.
- Peak Tools reserves the right to obtain evidence of the advertised price.
- Any prices from Ebay or other similar marketplaces (ie Amazon, Gumtree etc) will not be matched or beaten.
- To be eligible for Peak Tools price beat, you must provide to the Relevant store on the date of your purchase, evidence of any genuine competitor’s who holds an authorized dealer account, advertised price for identical product (ie, same brand, colour, model and quality) as advertised in a local daily newspaper, catalogue, radio, television advert or website. The competitor must have, or had the identical product in stock at the time the product was purchased by you.
- The identical product must be a lower price than the advertised price or the price you paid for the product
- If your claim qualifies for Peak Tools price beat, the relevant store will beat the lower the price by 11%
- The price beat does not apply to any Festool and/or Milwaukee products.
- The price beat does not apply where:
- The lower price is conditional, or a price determined after the allowance of any amount for, or is part of a promotion involving, financing, installation, delivery, bundling, rebates, cash back offer, free or bonus offer, trade discount, stock clearance or any limited quantity promotion
- The lower price is offered for a bulk purchase
- The lower price is offered under any promotion with a third party (including, but not limited to, promotions with newspapers, exhibitions or other special events)
- The lower price is not available to the general public
- A price match is requested on either Makita, Dewalt, Milwaukee or Hitachi during the brands related roadshow or sale event where a credit is already being offered.
- The lower price has been discounted by the competitor by use of coupons, loyalty rewards, redemption of frequent flyer miles or similar and other offers or incentives to reduce the total cost
- The lower price has been discounted by the competitor on the basis that the product is a display stock only, end of line, seconds, refurbished/repaired lines, ex demo, limited quantity, clearance, trade or factory seconds, second hand or similar
- The lower price is the result of an error by the competitor; and/or
- The relevant Peak Tools store is unable to verify, using reasonable means, that the lower price or the advertised product is available for purchase.
- The price beat may be terminated or amended at any time without notice.
- All payments must be made in full prior to delivery.
- Payments must be made via , EFT or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
- Peak Tools has the right to carry out security checks on all orders, the security check process involves splitting the payment into two amounts. The cardholder is than required to confirm the two amounts they were charged for the order to complete its verification and be released. Peak Tools will monitor orders daily and verify purchases should they not require the verification process for example but not limited to business addresses.
9. Supply and Delivery
- Subject to you complying with these Terms and acceptance of your Order by Peak Tools, Peak Tools will sell and supply the products to you as shown on your Order confirmation.
- Products may not be available for immediate delivery. Peak Tools handling time is 1-5 working days.
- When you complete your Order, you will be prompted to select whether you wish to collect your Order from a Peak Tools Store or to have the Order delivered to an address specified by you.
- During “Free Shipping Australia Wide” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.
10. Delivery by Post or Carrier
- The terms of this clause apply where you select to have your goods delivered to a specified address.
- The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
- Peak Tools will use its best endeavors to deliver your Order within any stated timeframes for dispatch, however Peak Tools does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
- Peak Tools does not include insurance as part of any product purchased; this will need to be purchased separately to protect our customers from any lost or damaged goods. Peak Tools does not accept liability for any goods lost or damaged in transit without insurance. Please contact us on firstname.lastname@example.org to purchase insurance once you have placed your order. Please document your order number in email.
- Peak Tools cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
- Peak Tools Store or to have the Order delivered to an address specified by you.
- During the “Free Shipping Australia Wide” promotions, terms and conditions may apply for free shipping to regional areas in Australia. Freight charges may be incurred for orders shipped outside of Metro areas.
11. Orders for Collection at a Peak Tools Store
- The terms of this clause apply where you select to collect your Order from a Peak Tools Store.
- If you select to collect your goods from a Peak Tools Store, a representative of the relevant Peak Tools Store will contact you by telephone or email to notify you when the Order is available for collection.
- Orders for collection at a Peak Tools Store must be collected within 7 days of the relevant Peak Tools Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Peak Tools Store has the right to allocate those goods to another customer and reorder the goods for you.
- When picking up your items, you are required to supply a copy of your order, photo ID and credit card used to make the purchase. (If you pay via PayPal, your credit card is not required).
12. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
13. PayPal and credit card fraud
- The website employs EWAY and PayPal secure payment gateway to secure our payment systems.
- To the extent permitted by law, Peak Tools will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.
14. Disclaimer and Indemnity
- To the extent permitted by law, Peak Tools and exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
- Errors, mistakes or inaccuracies on the website;
- You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
- Personal injury or property damage of any kind resulting from your access or use of the website;
- Any unauthorised access to or use of the websites secure servers;
- Any interruption or cessation of transmission to or from the website;
- Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
- The quality or fitness for any purpose of any linked sites.
- Except as expressly provided in these terms, and to the fullest extent allowed by the law, Peak Tools and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
- You will at all times indemnify, and keep indemnified, Peak Tools , including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
- This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
15. Order Enquiries If you have any query about the progress of your Order please contact email@example.com.
16. Damaged or Faulty Products and Refund Policy
- If any product ordered by you arrives damaged or is not of acceptable quality you may have: – (a) rights under the Refund Policy; – (b) Legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or – (c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product.
- Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere.
- We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
- We also recommend you immediately inspect any goods that we deliver to you or that you collect from a Peak Tools store, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.
- Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. Peak Tools will not be liable for these delivered goods once the delivery note signed.
- Exchanges are accepted given they are processed within 14 days from time of delivery
- If your order arrives damaged, please contact firstname.lastname@example.org.
17. Privacy and Personal Information
- The privacy of your personal information is important to Peak Tools.
- Peak Tools and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you email@example.com. Personal information may include your name, residential and/or postal address, telephone number and email address.
- Your personal information is not collected if you only browse this website.
- Online payments are handled by Paypal. Peak Tools does not store your credit card or banking details. Please check the www.paypal.com.au website for details of their privacy policies and security measures.
- Peak Tools and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Peak Tools and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website that Peak Tools thinks may be of interest to you. If you would prefer not to receive promotional or other material from Peak Tools or its third parties, please let us know and Peak Tools will respect your request. You also agree that Peak Tools may contact you by telephone to arrange delivery or collection of your Order.
Peak Tools will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their 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.
Peak Tools warrants that all products supplied by it and purchased by you from PEAK TOOLS (‘Peak Tools’) dealers throughout Australia are free of defects except for those products listed under Warranty Exclusions.
20. Gift Cards
- The Peak Tools Gift Card may be used to make purchases at Peak Tools and online.
- Gift Cards are not redeemable for cash.
- No change will be given for any amount on the card.
- The Gift Cards amount cannot be increased after purchase.
- The expiry date on all gift cards is two years from date of purchase. Date is set in AEDT (Australian Eastern Daylight Time).
- You may use your Gift Card on a purchase less than the value of the Gift Card. The remaining amount may be used on your next purchase up until the final amount is used.
- Where the cost of the purchase exceeds the Peak Tools gift card amount, the card holder will be required to make up the difference with an alternate form of payment.
- The Peak Tools gift card should be treated like cash; therefore, the value of this Peak Tools gift card will not be replaced if the card is lost, stolen or destroyed.
- Use of this Peak Tools gift card constitutes acceptance of these terms and conditions.
If you consider that the product supplied by PEAK TOOLS is defective, you can lodge a claim under this Warranty and any apparent fault, except for calibration, can be assessed by PEAK TOOLS within the Warranty Period covered for the product purchased by you provided that you meet the following conditions;
- The product is of merchantable quality and was used in a good working environment
- You must produce the original invoice or other proof of purchase document disclosing the purchase date.
- All costs of return postage, transport and freight, travelling expenses, hiring tools and insurance are paid by the customer.
- The product is free from defect in material and has not been misused, adjusted or serviced by any person other than a person or organization authorized by PEAK TOOLS.
PEAK TOOLS provide this Warranty in addition to all other rights and remedies that you may have under law in relation to the products to which this Warranty relates.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these conditions of Warranty are excluded and PEAK TOOLS is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the customer for:
- Any increased cost or expenses
- Any loss of profit, revenue, business, contracts or anticipated savings
- Any loss or expense resulting from a claim by a third party; or
- Any special, indirect or consequential loss or damage of any nature whatsoever
Unless otherwise agreed in writing, PEAK TOOLS has no liability for, and is not required to provide Warranty Services under this Warranty if it relates to:
- Warranty services outside of Business Hours,
- Misusing or abusing the product or any of the accessories included within the kit,
- Operating the product in a manner that is not in accordance with the Instruction Manual supplied with the product,
- Using incorrect batteries or charges,
- Using any unauthorised, non-genuine or non-standard parts in connection with the Product,
- Using the with knowledge of or evidence of partial failure or a fault,
- Tampering with the product in any way otherwise stated in the Instruction Manual,
- Making mechanical adjustments inconsistent with the Instruction Manual,
- Not having taken reasonable steps to prevent damage or failure from occurring to the product,
- Storing the product inconsistently to the instructions provided in the Instruction Manual,
- Neglecting or otherwise failing to maintain the product in accordance with the instructions in the Instruction Manual,
- Repairing or carrying out work on the product by any person other than a person or organization authorized by PEAK TOOLS.
IN ADDITION TO THE ABOVE, THIS WARRANTY DOES NOT COVER THE FOLLOWING:
- Products purchased from a private seller or another dealer other than PEAK TOOLS
- Accidental damage or damage caused by Force Majeure Events including:
- Environmental factors,
- Natural discolouration of material due to ultraviolet light,
- Crushing, impact with hard surfaces or damage cause in the transit of the product or to any parts,
- Damage caused by excessive heat or cold,
- Damaged caused by solvents, or water entry into the product,
- Damaged caused by contact with sand, rust, corrosion, fire, vermin and insect infestation, power outages or surges or inadequate voltage or current,
- Abnormal product performance caused by any ancillary equipment interference or other external factors,
- Damage, failure or defects that occur for reason or reasons that were already disclosed to you or ought reasonably to have been disclosed to you prior to your purchase of the product,
- Normal wear and tear,
- Freight cost associated with transporting the product between you and the place of purchase,
- Products with serial numbers that have been altered or removed,
- Consumable items supplied with the product or that are part of the product, such as battery packs.
No changes to these conditions are to be made without the written approval of the supplier.
20. Governing Law
- These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
- f you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Peak Tools makes no representations that the content of the website complies with the laws of any country outside Australia.
- The lay-by period for any purchase from Peak Tools is 3 months from the date of the initial deposit.
- An initial deposit of at least 20% of the total purchase price is required.
- The minimum lay-by amount is $200
- The customer or Peak Tools has the right to cancel a lay-by.
- If a customer cancels the lay-by a termination charge of 20% of the total purchase price applies and is deducted from the refunded amount.
- If Peak Tools cancels the lay-by, the customer will be given seven (7) days’ notice and will be entitled to a full refund of payments made.
- The termination charge is a reasonable amount which is applied to compensate Peak Tools for any selling, storage, administration and re-stocking costs.
- Any items placed on lay-by cannot be altered until the lay-by has been paid in full except with the express permission of Peak Tools management.
- No items can be taken by the customer until the entire lay-by has been paid in full.
- There are no returns or exchanges on lay-by items with the exception of faulty goods or in accordance with your legislated rights.
If any part of these terms is 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 Peak Tools.
22. Transfer and Assignment
If Peak Tools merges, sells or otherwise change control of its business or this website to a third-party, Peak Tools reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Peak Tools has collected from you and any agreements it has made with you.
The failure by Peak Tools to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Peak Tools.
24. Lay-by Policy
For any further clarification on all of our terms and conditions please contact us direct via email: firstname.lastname@example.org.