Terms & Conditions
By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our Legal Disclaimer and our Privacy Policy, and any other terms or conditions on this website.
By continuing to use our website you accept the Terms of Use and any changes as they apply from time to time.
Terms of Use
- You and Your means the user of the Total Tools website.
- Our, Us, and We means Total Tools Online Pty Ltd trading as Total Tools.
- Your access to and use of the Total Tools website is subject to these terms, our Legal Disclaimer, Security Policy and Privacy Policy.
- The policies on this website apply to this website which is operated by Total Tools, under the domain name hitoolsltd.com and other associated Total Tools websites and online stores.
- These policies may also apply to services offered by Total Tools on websites hosted by third parties. If so, express reference to these policies will be made on those websites.
- As the Total Tools website develops and as technology evolves, Total Tools will continue striving to provide you with better and more customised services and with a more effective website. Total Tools encourages you to review the Security and Privacy Policy periodically because the Security and Privacy Policy may change from time to time.
- You must use the hitoolsltd.com website in accordance with the Terms of Use.
What You Must Not Do
You must not:
- Use Total Tools for any activities, or post or transmit to or via hitoolsltd.com 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 hitoolsltd.com 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 hitoolsltd.com;
- 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 their 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 hitoolsltd.com 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
This website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under our control and we are not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. We provide these links to you for convenience only and the inclusion of any link does not imply our endorsement of the linked website. You access linked websites at your own risk.
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 cannot be cancelled unless the supplier allows Total Tools to do so without incurring any costs.
Goods will be supplied to you by Total Tools on the condition that you do not re-supply the goods to any persons as a regular business activity. If Total Tools determines that this condition has been breached or is likely to be breached by fulfilling an order, we may, in our discretion, refuse to accept the relevant order(s) or any further orders from you.
Total Tools may limit purchases to a reasonable quantity.
Website Information
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth), which include a right to return the product if it is different to the Product Description and, depending on the nature on the difference to the Product Description, rights to return the product for a replacement or refund or compensation for the difference between the Product Description and the product you receive.
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 may or may not change from time to time. We do not represent or warrant that the information will be correct, current, or complete and may contain technical inaccuracies or typographical errors.
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.
Payment
All payments must be made in full prior to collection or delivery.
Payments must be made via Braintree, PayPal or other secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
Insider Rewards members who are logged into their Insider account online will earn eligible insider points on online orders and Insider Rewards points can be redeemed as payment online and are subject to the Insider Rewards Program Terms and Conditions.
Refusal of Transaction
Acting reasonably, we may refuse to process a transaction or refuse service to anyone at any time. We will not be liable to you or any third party by reason of our withdrawing any product from this website, 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.
Orders
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Please choose carefully. We recommend you preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
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You and Total Tools Online may enter into a contract for the sale and supply of products by making an offer via the website to purchase a product at the price advertised by placing an electronic Order for the products using the website:
- Confirming the Order details in accordance with the website’s procedure;
- Making full payment (plus any applicable delivery charges) on the website;
- Acceptance of that offer by Total Tools Online.
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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;
- Total Tools Online 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.
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You acknowledge that:
- The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Total Tools Online 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;
- To the extent permitted by law, Total Tools Online 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;
- Total Tools Online may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
- Total Tools Online 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.
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You will receive an email from Total Tools Online 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.
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If your Order is not accepted by Total Tools Online, Total Tools Online will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
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Total Tools Online may, acting reasonably, accept or reject any offer made by you, including due to an error in the advertised price for, or description of, the products on the website, or an error in your Order.
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Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Total Tools Online cannot supply a particular product, Total Tools Online will notify you by telephone or email as soon as possible.
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Total Tools Online will be deemed to have accepted your Order on the first to occur either of: issue to you by email of a tax invoice for the sale or the fulfilment of your Order.
Supply & Delivery
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Subject to you complying with these Terms and acceptance of your Order by Total Tools Online, Total Tools Online will sell and supply the products to you as shown on your Order confirmation.
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Total Tools 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.
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During the order process, you will be prompted to select whether you wish to collect your Order from a Total Tools Store or have the goods delivered and accept the delivery charges accordingly.
Orders for Delivery by Courier
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The terms of this clause apply where you select to have your goods delivered to a specified address.
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The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.
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On acceptance of your Order by Total Tools Online, Total Tools will aim to despatch to your specified delivery address generally within 1-2 days.
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You will be required to be available in person to accept delivery of your Order.
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Total Tools will use its best endeavours to deliver your Order within any stated timeframes for despatch, however, Total Tools does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
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Total Tools Online cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor.
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For more information on delivery visit our delivery page.
Deliveries That Require a Forklift or Loading Dock
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If you are ordering a large item that requires a forklift or loading dock for delivery and you have these facilities available for the delivery then please tick the appropriate box at the checkout. In some circumstances, this may reduce your delivery charge as we will not need to cater for these requirements.
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Please note, if you confirm that a forklift or loading dock is available but when the delivery arrives it is not (and this is not caused by our conduct), the delivery will be aborted and you will be charged a re-delivery fee. Your original delivery charges will not be refunded unless the need for re-delivery was caused by our conduct.
Orders for Collection at a Total Tools Store
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The terms of this clause apply where you select to collect your Order from a Total Tools Store.
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If you select to collect your goods from a Total Tools Store, you will receive an email to notify you when the Order is available for collection.
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Orders for collection at a Total Tools Store must be collected within 21 days of you receiving the email that your Order is available for collection. If your Order is not collected within this time, Total Tools has the right to allocate those goods to another customer and reorder the goods for you.
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When collecting your items, you are required to supply or present the following:
- A copy of your order confirmation email;
- Present the credit/debit card that was used to make the purchase. The card name must match the details on the original tax invoice (order confirmation email);
- Present photographic ID such as a driving licence to confirm that you are the person that has placed the order. The identification must match the billing name and address details listed on the order.
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We will only hand goods over if we can be sure that the person collecting is the person who has placed the order. If you are placing an online order, including on behalf of a company, and cannot physically pick-up the order, you will need to supply a copy of your driver’s license and written consent authorising a secondary person to act on your behalf in picking up your order. This can be sent via email to the collection store or through [email protected].
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If the above procedure is not followed, the store reserves the right to not release your order to you.
Title & Risk in Goods
- Title in the products passes to you once payment has been finalised and risk, such as loss and damage to the products, passes to you on delivery or collection, as the case may be.
Paypal and Credit Card Fraud
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The website employs Braintree, PayPal and other secure payment gateways 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.
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To the extent permitted by law, Total Tools Online 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 unauthorized manner.
Disclaimer, Limitation of Liability and Indemnity
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We do not represent or warrant that the functions within this website will be uninterrupted or error-free or that the website or the server that makes this website available is free of viruses or other harmful elements.
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Nothing in these Terms and Conditions is intended to exclude, restrict, or modify rights which you may have under any law (including the Australian Consumer Law (ACL), and consumer guarantees relating to goods or services under the ACL) which may not be excluded, restricted, or modified by agreement. To the extent that products supplied to you are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, we limit our liability to the replacement of the product, the repair of the product, the payment of the cost of replacing or acquiring equivalent goods, or the payment of having the product repaired, at our election, to the extent the ACL allows.