- You and Your means the user of the LeBurg website
- Our, Us, and We means LeBurg Pty Ltd trading as LeBurg Diamond Tools
- The policies on this web site apply to this website which is operated by LeBurg, under the domain name www.leburg.com.au and other associated LeBurg websites and online stores
- These policies may also apply to services offered by LeBurg on websites hosted by third parties. If so, express reference to these policies will be made on those websites
- As the LeBurg website develops and as technology evolves, LeBurg will continue striving to provide you with better and more customised services and with a more effective website. LeBurg encourages you to review the Security and Privacy Statement periodically because the Security and Privacy Statement may change from time to time
WHAT YOU MUST NOT DO
You must not:
- Use LeBurg for any activities, or post or transmit to or via www.leburg.com.au any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes
- Use this website in a way, or post to or transmit to or via www.leburg.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.leburg.com.au
- Use this website to send unsolicited commercial or bulk electronic mail messages to anyone
- Make any fraudulent or speculative enquiries, bookings, reservations or requests using this website
- Use another’s Member ID or name without permission
- Provide false information when registering or changing your registration details
- Impersonate another person when using this website
- Post to or transmit to or via www.leburg.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
- Tamper with, hinder the operation of or make unauthorised modifications to the website
- Knowingly transmit any virus or other disabling feature to or via the website; and
- Attempt any of the above acts or permit another person to do any of the above acts
LINKS TO OTHER WEBSITES
We reserve the right to prevent third parties from linking to this website.
TERMS OF SALE
Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. 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. We reserve the right to correct any errors published on the website.
Special order products which need to be backordered from a supplier can not be cancelled.
Each product purchased is sold subject to its Product Description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website without notice.
Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes e.g. saw blades, saw stands and other accessories.
All payments must be made in full prior to collection or delivery.
Payments must be made via Braintree or PayPal secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
Insiders cannot be currently used for payment online, but online purchases will accrue points in line with the Insiders standard rules.
REFUSAL OF TRANSACTION
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
1. Please choose carefully we recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
2. You and LeBurg 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:
i. placing an electronic Order for the products using the website;
ii. you confirming the Order details in accordance with the procedure on the website;
iii. you making payment in full (plus any applicable delivery charges) on the website; and
iv. the acceptance of that offer by LeBurg.
3. 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:
i. any requirements set out in these terms have been met;
ii. the electronic instruction containing the offer from you enters and is recorded in our database;
iii. a record is created and stored in our database; and
iv. LeBurg 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.
4. You acknowledge that:
i. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by LeBurg 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 provider or systems;
ii. to the extent permitted by law, LeBurg 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;
iii. LeBurg may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
iv. LeBurg 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.
5. You will receive an email from LeBurg 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.
6. If your Order is not accepted by LeBurg, LeBurg will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
7. LeBurg 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.
8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If LeBurg cannot supply a particular product, LeBurg will notify you by telephone or email as soon as possible.
9. LeBurg 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.
SUPPLY & DELIVERY
Subject to you complying with these Terms and acceptance of your Order by LeBurg, LeBurg will sell and supply the products to you as shown on your Order confirmation.
LeBurg aims to despatch all orders within 1-2 days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity.
During the order process you will be prompted to select whether you wish to collect your Order from a LeBurg or whether you wish the goods to be delivered and accept the delivery charges accordingly.
TITLE & RISK IN GOODS
Title and risk in the products, such as loss and damage, pass to you once payment has been completed, on delivery or collection, as the case may be.
PAYPAL AND CREDIT CARD FRAUD
The website employs Braintree and PayPal secure payment gateway to secure our payment systems. We reserve the right to request additional identification from customers, and to reject orders where the ID is not supplied or does not meet our criteria.
To the extent permitted by law, LeBurg 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.
DISCLAIMER AND INDEMNITY
(1) To the extent permitted by law, LeBurg excludes 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:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) 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
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, LeBurg 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.
(3) You will at all times indemnify, and keep indemnified, LeBurg, LeBurg, and each of their related bodies corporate, 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.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).