WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to veekenplumbing.com.au (the ‘Website‘). The Website provides
you with an opportunity to browse and purchase various products that have
been listed for sale through the Website (the ‘Products‘). The Website
provides this service by way of granting you access to the content on the
Website (the ‘Purchase Services‘).

1.2. The Website is operated by Veeken Plumbing Services PTY. LTD. (ABN 21 614
352 028) . Access to and use of the Website, or any of its associated Products
or Services, is provided by Veeken Plumbing Services. Please read these
terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.

1.3. Veeken Plumbing Services reserves the right to review and change any of the
Terms by updating this page at its sole discretion. When Veeken Plumbing
Services updates the Terms, it will use reasonable endeavours to provide you
with notice of updates to the Terms. Any changes to the Terms take immediate
effect from the date of their publication. Before you continue, we recommend
you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Veeken Plumbing Services in the user interface.

3.Registration to use the Purchase Services

3.1. In order to access the Purchase Services, you must first register as a user of
the Website. As part of the registration process, or as part of your continued
use of the Purchase Services, you may be required to provide personal
information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password

3.2. You warrant that any information you give to Veeken Plumbing Services in the
course of completing the registration process will always be accurate, correct
and up to date.

3.3. Once you have completed the registration process, you will be a registered
member of the Website (‘Member‘) and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Veeken Plumbing
Services; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you are
resident or from which you use the Purchase Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third
parties, is strictly prohibited. You agree to immediately notify Veeken
Plumbing Services of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for
the sole use of the Website by you for the purposes of Veeken Plumbing
Services providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms
of solicitation may be removed from the Website without notice and may
result in termination of the Purchase Services. Appropriate legal action will
be taken by Veeken Plumbing Services for any illegal or unauthorised use
of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its
Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

5.1. In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for
the Product (the ‘Purchase Price‘).
5.2. Payment of the Purchase Price may be made through PayPay, Stripe or
Square (the ‘Payment Gateway Provider‘)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Veeken Plumbing
Services, you will be issued with a receipt to confirm that the payment has been
received and Veeken Plumbing Services may record your purchase details for
future use.
5.4. Veeken Plumbing Services may, at their sole discretion, provide a refund on
the return of the Products within 1 days where the Product packaging is
unopened and remains in a saleable condition. You acknowledge and agree
that you are liable for any postage and shipping costs associated with any
refund pursuant to this clause.

6. Warranty

6.1. Veeken Plumbing Services’s Products come with guarantees that cannot be
excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure of the Product and compensation for
any other reasonably foreseeable loss or damage. You are also entitled to
have the Products repaired or replaced if the Products fail to be of acceptable
quality and the failure does not amount to a major failure (the ‘Warranty‘).
6.2. You may make a claim under this clause (the ‘ Warranty Claim’) for material
defects and workmanship in the Products within 3 business days from the date
of purchase (the ‘ Warranty Period‘).
6.3. In order to make a Warranty Claim during the Warranty Period, you must
provide proof of purchase to Veeken Plumbing Services showing the date of
purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to Veeken Plumbing Services at
PO Box 218 Ringwood East, Melbourne, Victoria, 3134 or by email at
support@veekenplumbing.com.au.
6.4. Where the Warranty Claim is accepted then Veeken Plumbing Services will, at
its sole discretion, either repair or replace any defective Products or part
thereof with a new or remanufactured equivalent during the Warranty Period at
no charge to you for parts or labour. You acknowledge and agree that you will
be solely liable for any postage or shipping costs incurred in facilitating the
Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Veeken
Plumbing Services and shall be the sole and exclusive remedy available to you
in addition to other rights and under a law in relation to the Products to which
this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor
to the additional excluded items set forth below nor to any supplied Products
where the exterior of which has been damaged or defaced, which has been
subjected to misuse, abnormal service or handling, or which has been altered
or modified in design or construction.

7. Copyright and Intellectual Property

7.1. The Website, the Purchase Services and all of the related products of Veeken
Plumbing Services are subject to copyright. The material on the Website is
protected by copyright under the laws of Australia and through international
treaties. Unless otherwise indicated, all rights (including copyright) in the site
content and compilation of the website (including text, graphics, logos, button
icons, video images, audio clips and software) (the ‘Content‘) are owned or
controlled for these purposes, and are reserved by Veeken Plumbing Services
or its contributors.
7.2. Veeken Plumbing Services retains all rights, title and interest in and to the
Website and all related content. Nothing you do on or in relation to the Website
will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Veeken Plumbing
Services; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of Veeken Plumbing Services
and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt
or change in any way the Content or third party content for any purpose. This
prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.

8. Privacy

Veeken Plumbing Services takes your privacy seriously and any information provided
through your use of the Application and/or the Purchase Services are subject to Veeken
Plumbing Services Privacy Policy, which is available HERE.

9. General Disclaimer

9.1. You acknowledge that Veeken Plumbing Services does not make any terms,
guarantees, warranties, representations or conditions whatsoever regarding
the Products other than provided for pursuant to these Terms.
9.2. Veeken Plumbing Services will make every effort to ensure a Product is
accurately depicted on the Website, however, you acknowledge that sizes,
colours and packaging may differ from what is displayed on the Website.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
9.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Veeken Plumbing Services will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including
as a result of not being able to use the Purchase Services or the late
supply of the Purchase Services), whether at common law, under contract,
tort (including negligence), in equity, pursuant to statute or otherwise.
9.5. Use of the Website, the Purchase Services, and any of the products of Veeken
Plumbing Services is at your own risk. Everything on the Website, the Purchase
Services, and the Products of Veeken Plumbing Services, are provided to you
on an “as is” and “as available” basis, without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, third
party content providers or licensors of Veeken Plumbing Services make any
express or implied representation or warranty about its Content or any
products or Purchase Services (including the products or Purchase Services of
Veeken Plumbing Services) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the
following:
(a) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

10.1. Veeken Plumbing Services’s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract,
tort (including negligence), in equity, under statute or otherwise, will not exceed
the most recent Purchase Price paid by you under these Terms or where you
have not paid the Purchase Price, then the total liability of Veeken Plumbing
Services is the resupply of information or Purchase Services to you.
10.2. You expressly understand and agree that Veeken Plumbing Services, its
affiliates, employees, agents, contributors, third party content providers and
licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however
caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
10.3. Veeken Plumbing Services is not responsible or liable in any manner for any
site content (including the Content and Third Party Content) posted on the
Website or in connection with the Purchase Services, whether posted or
caused by users of the website of Veeken Plumbing Services, by third parties
or by any of the Purchase Services offered by Veeken Plumbing Services.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Veeken
Plumbing Services as set out below.
11.2. If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Veeken Plumbing Services via the
‘Contact Us’ link on our homepage.
(a) notifying Veeken Plumbing Services at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Veeken Plumbing Services has made this option available to you.
11.3. Veeken Plumbing Services may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
provision;
(b) Veeken Plumbing Services is required to do so by law;
(c) the partner with whom Veeken Plumbing Services offered the Purchase
Services to you has terminated its relationship with Veeken Plumbing
Services or ceased to offer the Purchase Services to you;
(d) Veeken Plumbing Services is transitioning to no longer providing the
Purchase Services to Users in the country in which you are resident or
from which you use the service; or
(e) the provision of the Purchase Services to you by Veeken Plumbing
Services is, in the opinion of Veeken Plumbing Services, no longer
commercially viable.
11.4. Subject to local applicable laws, Veeken Plumbing Services reserves the right
to discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Veeken Plumbing
Services’s name or reputation or violates the rights of those of another party.
11.5. When the Terms come to an end, all of the legal rights, obligations and
liabilities that you and Veeken Plumbing Services have benefited from, been
subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Veeken Plumbing Services, its affiliates, employees,
agents, contributors, third party content providers and licensors from and
against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.

13. Dispute Resolution

13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the
Terms, must give written notice to the other party detailing the nature of the
dispute, the desired outcome and the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms
(‘Parties‘) must:
(a) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Veeken Plumbing Services or his or her
nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in a location decided by Veeken Plumbing
Services, Australia.

13.4. Confidential

All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to the
extent possible, must be treated as “without prejudice” negotiations for the
purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Purchase Services offered by Veeken Plumbing Services is intended to be viewed
by residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of Victoria, Australia.

15. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under
and pursuant to the laws of Victoria, Australia, without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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