Terms and Conditions
1. Definitions
1.1 "Agreement" means these Terms and Conditions of Sale.
1.2 "Customer" means the person or entity purchasing Products from Hedge.
1.3 "Hedge" means Hedge or its group of companies, successors, and assigns.
1.4 "Products" means the goods supplied by Hedge to the Customer, including any related services or accessories.
1.5 "Order" means a request submitted by the Customer to purchase Products.
2. Acceptance of Terms
2.1 By placing an Order, the Customer agrees to be bound by this Agreement.
2.2 This Agreement overrides any terms provided by the Customer unless expressly agreed in writing by Hedge.
2.3 Hedge reserves the right to refuse or cancel any Order for any reason, including errors in pricing or availability.
3. Orders
3.1 Orders can be placed through Hedge’s website, by email, or by contacting Hedge’s sales team directly.
3.2 The Customer must provide accurate and complete information when placing an Order, including delivery details and any specific requirements.
3.3 All Orders are subject to acceptance by Hedge. Hedge will confirm acceptance by issuing an Order confirmation.
3.4 Hedge reserves the right to set minimum Order quantities or impose other conditions before accepting an Order.
3.5 Modifications to an Order must be requested by the Customer in writing and are subject to Hedge’s approval.
4. Payment Terms
4.1 Prices are in Australian dollars and include GST unless otherwise stated.
4.2 Payment must be made in full at the time of placing an Order unless credit terms are approved in writing by Hedge.
4.3 If credit terms apply, payment is due within 30 days of the invoice date unless otherwise agreed.
4.4 Payments can be made via electronic funds transfer (EFT), credit card, or other methods approved by Hedge.
4.5 The Customer is responsible for any bank fees, transaction charges, or additional costs incurred during payment processing.
4.6 Hedge reserves the right to cancel or suspend any Order if payment is not received in accordance with this Agreement or if the Customer exceeds their credit limit.
4.7 Interest may be charged on overdue amounts at the rate of 3.5% charged monthly, calculated daily from the due date until payment is received in full.
5. Delivery
5.1 Delivery times are estimates only, and Hedge is not liable for any delays caused by factors beyond its control, including but not limited to carrier delays or supply chain disruptions.
5.2 Risk in the Products passes to the Customer upon delivery or pickup from Hedge’s premises, whichever occurs first.
5.3 Title to the Products remains with Hedge until full payment is received and cleared.
5.4 The Customer must inspect the Products upon delivery and notify Hedge within 7 days of any shortages, defects, or damages. Failure to notify within this time constitutes acceptance of the Products.
5.5 If delivery is refused or not accepted at the delivery address, Hedge may charge the Customer for additional delivery and storage costs.
6. Delivery and Pick-Up Fees
6.1 Delivery fees apply to all Orders and are calculated based on the delivery location, weight, and dimensions of the Products, unless otherwise stated or agreed.
6.2 Pick-up fees may apply if the Customer opts to collect Products from Hedge’s premises and requires special handling or preparation.
6.3 Hedge will inform the Customer of any applicable delivery or pick-up fees prior to processing the Order.
6.4 Any additional costs arising from failed delivery attempts due to the Customer’s absence or incorrect information provided will be charged to the Customer.
6.5 Delivery and pick-up fees are non-refundable unless required by law or agreed otherwise by Hedge.
7. Returns and Refunds
7.1 Returns are only accepted in accordance with Hedge’s Returns Policy, available on its website.
7.2 The Customer is responsible for all costs associated with returning Products unless otherwise agreed or required by law.
7.3 Refunds will only be processed once the returned Products are received and inspected by Hedge.
7.4 Products must be returned in their original condition, unused, and in their original packaging to be eligible for a refund.
8. Warranties
8.1 Hedge warrants that the Products will be free from defects in materials and workmanship for a period of 10 years from the date of delivery.
8.2 The warranty does not cover damage caused by misuse, neglect, improper installation, unauthorized alterations, or external factors such as weather or accidents.
8.3 To the extent permitted by law, all other warranties, whether express or implied, are excluded.
8.4 Where the Australian Consumer Law applies, Hedge’s liability is limited to replacement or repair of the Products, resupply of equivalent products, or a refund of the purchase price, at Hedge’s discretion.
8.5 The Customer must provide proof of purchase and comply with any instructions provided by Hedge to make a warranty claim.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, Hedge is not liable for any indirect, incidental, special, or consequential loss or damage arising out of or in connection with the sale of Products, including loss of profits, revenue, or business opportunities.
9.2 Hedge’s total liability is limited to the amount paid by the Customer for the relevant Products, regardless of the cause of action.
9.3 Nothing in this Agreement excludes or limits any rights the Customer may have under the Australian Consumer Law or other applicable legislation.
10. Intellectual Property
10.1 All intellectual property rights in the Products and associated materials, including but not limited to designs, trademarks, and copyrights, remain the property of Hedge.
10.2 The Customer must not reproduce, distribute, modify, or use Hedge’s intellectual property without prior written consent.
10.3 Any unauthorised use of Hedge’s intellectual property may result in legal action.
11. Force Majeure
11.1 Hedge is not liable for any failure to perform its obligations due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, acts of war, pandemics, or supply chain disruptions.
11.2 If a force majeure event occurs, Hedge may suspend or cancel the affected Order by providing written notice to the Customer.
12. Governing Law
12.1 This Agreement is governed by the laws of Queensland, Australia.
12.2 The parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.
13. Amendments
13.1 Hedge reserves the right to amend this Agreement at any time by posting updated terms on its website.
13.2 Continued use of Hedge’s services or purchase of Products after such amendments constitutes acceptance of the updated terms.
14. Miscellaneous
14.1 If any provision of this Agreement is deemed invalid or unenforceable, it does not affect the validity of the remaining provisions.
14.2 This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, representations, or understandings, whether written or oral.
14.3 The Customer may not assign or transfer their rights or obligations under this Agreement without Hedge’s prior written consent.
14.4 Hedge’s failure to enforce any provision of this Agreement does not constitute a waiver of its rights.
15. Contact Us
For any questions or concerns regarding this Agreement, please contact Hedge at: hello@hedge.net.au