Terms of service

1. Definitions

In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth);

Billing Cutoff Time means, in the context of Your Subscription to the Subscribe and Save Program, the date on or after which Quilton will charge your nominated payment method, as reflected in Your Subscribe and Save Program account;

Consumer is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Contract;

Contract means any agreement or contract for provision of Goods by Quilton to You;

Force Majeure Event means an event beyond a party's reasonable control, including but not limited to accident, act of God, act or threat of terrorism or war, breakdown, epidemic or pandemic, transport restrictions, government restriction, industrial dispute or strike;

Goods means the goods supplied by Quilton to You;

GST means the Goods and Services Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Intellectual Property means all copyright, designs, trade marks, patents, confidential information, formulae, names, specifications, and all enhancements, improvements and modifications (whether registrable or not) owned by or licensed to Quilton in respect of the Goods;

Order means an offer by You to enter into a Contract to purchase Goods from Quilton pursuant to these Terms;

Quilton means ABC Tissue Products Pty Ltd (ABN 33 003 085 112);

Subscribe and Save Program means the subscription program offered by Quilton pursuant to which You can agree to receive regular deliveries of selected Goods at a nominated frequency in return for payment;

Subscription means membership of and participation in the Subscribe and Save Program;

Terms means these Terms and Conditions;

Website means the website at quilton.com.au owned and operated by Quilton; and

You / Your means the person using the Website and/or acquiring Goods from Quilton pursuant to these Terms whether by Order or pursuant to a Subscription.

2. Basis of Contract

2.1	The Terms apply exclusively to every Contract and cannot be varied or replaced by any other terms.

2.2	You must be at least 15 years of age to place an Order or apply for and hold a Subscription.

2.3	You must place any and all Orders on the Website.

2.4	Any quotation, displayed price, Order list or Order confirmation provided by Quilton to You for the proposed supply of Goods is an invitation to treat only, and is subject to You placing an Order.

2.5	A Contract is formed when Quilton confirms its acceptance of Your Order and its receipt of Your payment.

2.6	Quilton may refuse to accept any Order.

2.7	Quilton may amend or vary these Terms by written notice to You at any time, and any amendments or variation will apply to Orders placed after the notice date.

3. Pricing

3.1	Unless expressly stated otherwise, prices displayed on the Website for the supply of Goods include GST and any other taxes or duties imposed on or in relation to the Goods.

3.2	If You request any variation to the Contract, Quilton may propose to change the price to account for the variation and in response You may: accept the changed price and continue with the Contract as amended; or withdraw Your requested variation.

3.3

Where there is any change in the costs incurred by Quilton in relation to the Goods, Quilton may propose to change its price to take account of any such change, and in response You may: accept the changed price and continue with the Contract as amended; or reject the changed price, in which case if Quilton does not agree to make supply at the original price or a mutually agreed price You may cancel the Contract.

4. Payment

4.1	Payment for the Goods must be made strictly by credit card or debit card immediately upon confirmation of Your Order.

4.2	The Goods will not be dispatched until Quilton confirms receipt of Your payment in full.

4.3

The Goods displayed on the Website are subject to availability, and if Goods are not available then Quilton will notify You within 5 days and: You may request provision of similar or substitute Goods; or You may cancel the Contract; and Quilton will make any necessary adjustment to, or refund of, the purchase price.

5. Risk and Insurance

5.1	The risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the Goods being dispatched from Quilton's premises.

5.2

To the maximum extent permitted at law, You assume all risk and liability for loss, damage or injury to persons or to Your property, or third parties arising out of the use or possession of any of the Goods sold by Quilton, unless recoverable from Quilton on the failure of any statutory guarantee under the ACL.

6. Delivery

6.1	Quilton will arrange for the delivery of the Goods to You at a nominated delivery address within Australia.

6.2	You are responsible for all costs associated with delivery, including freight, insurance, and other charges arising from the point of dispatch to the point of delivery.

6.3	Quilton will designate the method of delivery for the Goods, and if you require a more costly method You must pay Quilton an amount equal to any extra cost involved.

6.4	Any period or date for delivery of Goods stated by Quilton is an estimate only and not a contractual commitment.

6.5	Quilton will use its reasonable endeavours to meet any estimated delivery date, but time is not of the essence and, subject to the provisions of the ACL, Quilton will not be liable to You for any failure to meet any estimated date.

6.6	If Quilton cannot deliver the Goods by any estimated delivery date, it will make delivery within a reasonable time.

6.7	Orders may be fulfilled in any number of packages or delivery shipments.

6.8	A courier's document, driver's manifest or postage receipt directing delivery to Your nominated address will be proof of delivery of the Goods.

6.9	You may be required to provide photo identification at the time of delivery of the Goods.

6.10	To the maximum extent permitted at law, You indemnify Quilton against any damage or loss suffered by it, its sub-contractors or its employees as a result of delivery, except where You are a consumer and Quilton has not used due care and skill.

6.11	You must advise Quilton in writing within 72 hours of delivery: of the non-arrival of any Goods; if there is damage to any Goods; if the wrong Goods have been received; or if the quantity of Goods is incorrect.

6.12	You must, within a reasonable time following notice given under clause 6.11, provide Quilton with access to the Goods in order to inspect for any alleged damage or failure.

7. Intellectual Property

7.1	You acknowledge that You have no proprietary interest or right in the Intellectual Property.

7.2	You must not use the Intellectual Property, or any part of it, except as expressly allowed in writing by Quilton.

7.3	You must not record or register, or attempt to record or register, anywhere in the world, the Intellectual Property or any part of it, or any designs, inventions, patents or trade marks derived from or similar to the Intellectual Property, or aid or abet anyone else to do so.

8. Liability

8.1

Except as the Terms specifically state, or as contained in any express warranty provided in relation to the Goods, the Contract does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or any contractual remedy for their failure.

8.2	If You are a consumer nothing in these Terms restricts, limits or modifies Your rights or remedies against Quilton for failure of a statutory guarantee under the ACL.

8.3

If You on-supply the Goods to a consumer and: the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Quilton's liability to You; or the Goods are of a kind ordinarily acquired for personal, domestic or household use or consumption, payment of any amount required under section 274 of the ACL is the absolute limit of Quilton's liability to You; howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods by You or any third party.

8.4	If clause 8.2 or 8.3 do not apply, then other than as stated in the Terms or any written warranty statement Quilton is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the Goods by You or any third party.

8.5

Quilton is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.

8.6	Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods which cannot be excluded, restricted or modified.

9. Acknowledgements

9.1

To the maximum extent permitted at law, You acknowledge: You have not relied on any advice, assistance, information or recommendation provided by Quilton in relation to the Goods or their application or use; You are responsible for satisfying yourself that the Goods are suitable for any use to which you intend to put the Goods; and any description, drawing, illustration or specification provided in relation to the Goods is provided by way of identification only, and does not comprise or give rise to a Contract by description.

10. Cancellation

10.1	No purported cancellation or suspension of an Order or any part of it by You is binding on Quilton once the Order has been accepted.

11. Returns

11.1

Subject to clause 11.2: unless a fault is established in the Goods, Quilton is under no obligation to accept return of any Goods once ordered; and Quilton will not accept Goods for return that have been altered in any way, used or are not in original condition and packaging; and any Goods returned to Quilton are at Your own cost and risk.

11.2	If You are a consumer, nothing in this clause 11 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.

12. Force Majeure

12.1	Subject to clause 12.4, neither Quilton nor You are liable to each other in any way arising under the Contract to the extent it is prevented from acting by a Force Majeure Event.

12.2

If either party is prevented from acting by reasons of a Force Majeure Event, that party must: promptly notify the other party of the existence and likely duration of the Force Majeure Event; take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event; and subject to clause 12.3, resume performance of the obligation prevented by the Force Majeure Event as soon as practicable after the Force Majeure Event ceases.

12.3	If a Force Majeure Event prevents performance of an obligation beyond 30 days, either party may terminate the Contract by written notice to the other party.

12.4	Nothing in this clause 12 operates to excuse You from any obligation to pay money to Quilton.

13. Subscriptions

13.1	You may be prompted to subscribe for membership in the Subscribe and Save Program, and to submit information including the following to obtain the benefits of such Subscription: Your name; contact details; and credit card or debit card details.

13.2	Upon applying for and activating your Subscription, You are responsible for: maintaining the confidentiality and security of your Subscription details, account and passwords; and any and all activities on the Website that occur under Your Subscription details, account and passwords.

13.3	Quilton reserves the right to amend, update or vary any and all discounts, features and benefits offered as part of the Subscribe and Save Program.

13.4	If Goods the subject of a Subscription are unavailable, then to the maximum extent permitted at law Quilton may delay, skip or substitute supply of such Goods upon provision of notice.

13.5	If You hold a Subscription: Quilton will charge Your nominated payment method as indicated in Your Subscription account on or after the Billing Cutoff Time; and if a payment fails, Quilton will notify You and will pause Your Subscription unless and until the failure is resolved.

13.6

If you hold a Subscription: your Subscription renews automatically for each selected interval unless You cancel; You may pause, skip, update or cancel the Subscription any time prior to the relevant Billing Cutoff Time; and Quilton may terminate Your Subscription at any time upon notice in writing to You.

14. Miscellaneous

14.1	The law of the State of New South Wales from time to time governs these Terms.

14.2	The parties agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and courts entitled to hear appeals from those Courts.

14.3	A party's failure to enforce any of these Terms shall not be construed as a waiver of any of that party's rights.

14.4	If a clause of these Terms is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms, without affecting the enforceability of the remaining terms.

14.5	A notice must be in writing and handed personally or sent by email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email are deemed received on confirmation of successful transmission.

14.6	Quilton is bound by the Privacy Act 1988 (Cth), and takes steps to ensure that all personal information obtained in connection with You will be appropriately collected, disclosed, stored, transferred and used in accordance with its Privacy Policy available at quilton.com.au/policies/privacy-policy.