Terms of service

Primal Strength Australia - Terms and Conditions

By:

• completing the online order form to make a purchase; or
• making an offer to purchase Products or services via email; or
• receiving any products or services; or
• contacting and exchanging correspondence with Primal Strength Australia for the purpose of purchasing Products,

you are offering to enter into a contract to purchase Products from Primal Strength Australia.

If Primal Strength Australia accepts your order or offer, Products will be sold to you subject to these Terms of Trade.

PRODUCT INFORMATION AND SIZES

All descriptions, illustrations, particulars of weights and dimensions contained on the Site, any catalogues, price lists and other promotional and advertising materials are intended merely to give an indication of the Products and none of these shall form part of the Agreement between the Customer and² Primal Strength Australia, unless specifically agreed to in writing. You agree to undertake your own due diligence before you place an order with Primal Strength Australia.

Weight ratings are provided as a guide only. You agree to undertake your own due diligence and test the Products to gauge the weight rating you are comfortable with. Weight loadings and specifications are³ supplied by the manufacturer or Primal Strength Australia and Primal Strength Australia is not liable for such information. We recommend that customers do not exceed the weight loadings.

We note that while most Products are⁴ designed for efficient storage, you must assess your area and the relevant access requirements prior to placing an order with Primal Strength Australia.

PRICING

All prices shall be shown in AUD inclusive of GST and any delivery charges.

The prices displayed on the Site represent the recommended retail price for the Products provided by the manufacturer⁵ or Primal Strength Australia or estimated in accordance with standard industry practice. The prices are comparative estimates only and may or may not represent the prevailing retail price in every area on any particular day.⁶

Despite our best efforts, a small number of Products on the Site may be mispriced. If we discover an incorrect pricing, we will do one of the following:

• if the Product’s correct price is lower than the price stated on the Site, we will charge you the lower amount;⁷ or
• if the Product’s correct price is higher than the price stated on the Site, we will at our sole discretion either:
  • contact you for instructions prior to processing your order;⁸ or
  • cancel your order and notify you of such cancellation.

Customers acknowledge and agree Product prices do not vary according to your location; however, delivery charges⁹ will vary depending on your location.¹⁰

SPECIAL OFFERS

All specials, promotions, clearances, offers, and discounted Products advertised on the Site are available only while stocks last unless otherwise stated.¹¹

PRODUCT AVAILABILITY

All Products offered for sale are subject to available stock.

If a product is out of stock, Primal Strength Australia will contact you to offer a substitute Product of at least equal quality.

If you do not accept a substitute Product and your credit card has been charged for Product that is out of stock,¹² Primal Strength Australia will cancel your order and issue either:

• a credit to your credit card account in the amount charged; or

• a credit note to you in the amount charged.¹³

ACCEPTANCE OF ORDER

You may request and Primal Strength Australia may provide you with a quotation of the price and delivery charges for Products, in which case the following terms apply:

• The quotation is valid for a period of seven (7) days from the date the quotation is issued to the customer. The quotation¹⁴ will expire at the end of that period if no order is received¹⁵ by Primal Strength Australia within that allotted time.

• The quotation is an estimate based on rates of delivery charges, insurance, customs duty, exchange rates, costs of materials purchased overseas, wage and material costs and other factors at the time the quotation was prepared.

• The Customer acknowledges and agrees that the Seller may consider it necessary to adjust the quotation in light¹⁶ of circumstances which, in its sole discretion, have affected the cost of supplying the Products to the Customer and the Customer agrees that such an adjustment will be binding on the Customer on receiving notice by the Seller.¹⁷

• The contract for the purchase of Products is made when¹⁸ Primal Strength Australia accepts your order by giving notice to you by email.
• The Customer shall pay Primal Strength Australia immediately. If the Customer fails to make a payment by the due date, Primal Strength Australia may, without notice, withhold delivery of Products to the Customer and may terminate, without liability to the Customer, any or all subsisting contracts between¹⁹ Primal Strength Australia and the Customer.
• If payment is not made on the due date, Primal Strength Australia may charge interest on the amount payable at the rate of 5% over the 90-day bank bill rate applicable on the day the payment is due.

• We will not accept your order until full payment is made for Product price and applicable delivery charges.²⁰

CANCELLATIONS

An order may only be cancelled subject to:

• Primal Strength Australia’s written approval; and
• subject to the Customer paying an administrative charge to Primal Strength Australia calculated as the total of all costs associated with the work undertaken in relation to the order up to the proposed date of cancellation.²¹

If Primal Strength Australia, at any time including after the acceptance of an order, considers in its sole discretion the credit of the Customer unsatisfactory,²² Primal Strength Australia may:

• require security for payment of the order price; and/or

• withhold delivery of the order until such security is received; and/or

• cancel the order.

These terms shall prevail over all conditions of the Customer’s order to the extent of any inconsistency.²³

PAYMENT METHODS

Any purchases may be paid for using a credit card, AfterPay, and various other methods through third party merchant facilities.

Primal Strength Australia is not responsible or has any control over any third party merchant facilities. Customers acknowledge and agree that Primal Strength Australia will not be liable for any loss or damage arising out of their use of a third party payment gateway. Primal Strength Australia advises that Customers should read and understand the terms and conditions of the third party merchant facilities before using them.²⁴

DELIVERY ARRANGEMENTS

Your shopping basket on the Site displays the Products you have chosen and details of delivery charges and packaging:

• If you require special packaging, you must contact²⁵ Primal Strength Australia immediately to make suitable arrangements. The special packaging may incur additional costs depending on the arrangements you require.

• The delivery charges for each Product may vary according to the delivery methods available for that particular Product.²⁶
• Delivery times are estimated as displayed at checkout for metro areas. Rural area deliveries may incur additional charges. Primal Strength Australia offers shipping at cost.
• For deliveries, you or your authorised agent must be present to accept deliveries. You warrant that a person at the nominated delivery address is your authorised agent.

• To comply with Occupational Health and Safety laws and regulations, Products heavier than 25 kilograms may²⁷ require assistance with unloading:
  • For bulky Products, the delivery agent may request assistance to unload the Product from the delivery vehicle.
  • You agree to assist the delivery agent to unload the item from the delivery vehicle.
  • In the event that there is no one able to assist with unloading the Product, a tail gate must be arranged prior to delivery and may incur additional costs.

• You acknowledge and agree that²⁸ Primal Strength Australia uses a number of delivery agents and they may have varying delivery procedures.
  • Most delivery agents will deliver to your door.
  • Internal delivery, i.e. if the nominated address is located in a block of flats or above ground floor, may incur additional costs. Please confirm with the delivery agent if this is the case.
  • Occupational Health and Safety laws and regulations may restrict the method of deliveries for Products heavier than²⁹ 30 kilograms at a nominated delivery address located on the second floor or higher of a building. Please confirm with the delivery agent how they propose to complete the delivery.³⁰
  • Re-deliveries will³¹ incur costs. If no one is present at the nominated delivery address to take the delivery, the Product will be returned to Primal Strength Australia and you may be charged with a restocking fee along with the applicable delivery charges for returning the Product back to us.
  • If you are not likely to be at the nominated delivery address, please complete an authority to leave the Products unattended and return the same to us.
  • Delivery times are estimates only³² and Primal Strength Australia shall not be liable for late delivery or non-delivery, including any loss, damage or delay occasioned to the Customer arising from late or non-delivery.³³
  • The Customer acknowledges and agrees that the³⁴ Primal Strength Australia does not insure the Products and the Customer agrees that Primal Strength Australia is not liable for any theft, damage, or loss of any kind of the Products once the delivery agent has taken the Products from³⁵ Primal Strength Australia’s warehouse. Any loss or damage in transit will be reported directly to the freight or delivery agent for investigation.