These Terms and Conditions govern the sale of products to you on FS.COM/AU by FS.COM PTY LTD (ABN 71 620 545 502).
A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby objected to; they only become an integral part of the contract if we have expressly agreed to them. For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.
The sales contract is concluded with FS.COM PTY LTD. The language available for the conclusion of the contract is English.
By placing an order on our website, we make a binding offer to conclude the contract for these articles. And It means you consent to receive emails from us to complete the ordering process, e.g. to confirm your order and to provide fulfillment and delivery updates. You can add any FS product(s) into the shopping cart without obligation. The contract is concluded by clicking “proceed to secure payment" on the checkout page. It means you accept the offer of the goods in the shopping cart. Immediately after submitting the order, we save the contract text and send you the order data by e-mail. You can view detail Order History after sign in.
You can correct the order information when orders haven't entered the dispatch process by informing your account manager in advance in written notice. But orders containing customized items or in other special conditions cannot be changed or cancelled once they enter “processing” status.
If your order needs to be shipped by an FS affiliated company due to insufficient stock at FS.COM Pty Ltd or other reasons, the contracting party on our side under these articles will be automatically changed to the corresponding FS affiliated company, the actual shipper and invoice issuer. You may contact your account manager for detailed arrangements.
You must provide accurate and complete information about yourself when requested by a relevant form on this website. You are responsible for maintaining the confidentiality and security of your account, password, and computer. Please don't disclosure your account, password, payment information to a third party.
Persons under the age of 18 may only use our website only with involvement of a parent or guardian.
You agree to indemnify FS from any loss or damage to FS arising from your use of fs.com.au, any breach by you of these terms and conditions of use, or a claim that your use of this website infringes any intellectual property rights of any third party or is defamatory.
In addition to the stated product prices, delivery costs are added. And in accordance with applicable laws, for orders delivered to customers located within Australia, FS.COM PTY LTD is obliged to charge GST. All items that are dispatched from AU warehouse are subject to the regular GST rate of 10% accordingly. If the order contains any heavy or oversize items, it will be shipped from international factory. No GST will be charged, but you need to pay the possible tariff caused by customs clearance. For orders delivered to New Zealand, no GST will be charged, but you need to pay the customs clearance by yourself.
We accept the following payment methods.
After you place an order and choose to pay by Credit/Debit Card, simultaneously you need to provide your card details at the next page. For security, FS.COM PTY LTD will not save any of your bank card data. FS.COM PTY LTD will ask your bank card company to initiate the payment transaction immediately after ordering. The payment transaction is carried out automatically by the Credit/Debit card company and the amount will be deducted. We do not add any credit card surcharges. However, a transaction fee might be charged by the issuing bank. You can contact your bank directly if you require more information regarding this.
Note for Payment Information: Your billing name, address and phone number must match the information that appears on your credit card. We reserve the right to cancel any order that does not match these criteria without advance notification you if there is a suspected security breach.
During the order process, you will be directed to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you have to sign in or register (for a client without PayPal account), identify yourself with your access data and confirm the payment information. After placing the order, FS asks PayPal to initiate the payment transaction. It will be carried out automatically by PayPal immediately afterward.
On the checkout page, FS provides bank account details for you to complete payment through bank transfer. FS Finance Department will check amount and update payment status regularly. You can also keep the payment receipt issued by bank and send it to your account manager for quicker response. Before remittance confirmed, your order will stay in pending status. We will process your order as soon as remittance confirmed.
You can also find FS account information in Payment Methods page or order details page (if you choose to pay by Direct Deposit).
Net Terms is a specific type of trade credit that allows customers to pay after delivery. Customers should pay in full within certain days of the date when the goods are dispatched according to the approved credit account. It can help businesses to manage budget & expenditure better.
FS now offers standard Net 30 term for approved businesses. Other payment terms such as Net 15, Net 45, etc, are also available per your business requests.
All the Credit orders must be paid before the due date. If the customer has a reason of force majeure and informed FS in the written notice before the due date, the payment can be deferred to 15 calendar days after the due date. If the customer fails to make any payment within 15 calendar days after due date without prejudice to any other right or remedy available to the FS, FS shall limit the customer's credit and be entitled to charge customer interest at the rate of one percent (1%) per month above base rate from time to time, until payment in full is made (a part of a month is treated as a full month for the purpose of calculating interest).
After the customer receives the goods, if an after-sales issue is caused by FS, the customer is allowed to suspend the payment until the customer receives the repaired or replaced product. If the after-sales issue is caused by the customer, the customer cannot refuse to pay for the order.
If a Credit order is to be cancelled, please inform your account manager in advance in written notice. If the order cancellation is caused by the customer, and the customer has not formally stated and negotiated with FS in advance, the order cannot be cancelled.
FS.COM PTY LTD offers delivery options including TNT, DHL, FedEx, etc. And orders qualified for FREE Delivery will be shipped by StarTrack.
Products will be delivered to the address provided by the consumer/buyer, using the shipping method chosen on the checkout page. To ensure that each customer will receive the items as soon as possible, your order may be shipped in multiple packages without additional charges from FS. If you need to change shipping address or shipping method, any additional fee may be charged. And any date of delivery given by the seller (FS) is only an estimate and subject to change.
In case of any delay or damage occurs during transportation, please inform your account manager at the first moment. We may guide you about the remedy procedures. But FS will not be responsible for the possible loss.
For air transportation or maritime transportation, customers need to know whether they should pick up the goods at the airport or sea port. If customers can pick up the goods at the airport or sea port, it is necessary to know the documents that need to be prepared and the fees to be paid. If customers cannot pick up the goods, they should negotiate with your account manager about door-to-door service and the cost in advance.
Every item delivered remains property of FS until payment has been fully made. For entrepreneurs, the following principles should be applied.
We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full in the whole. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
We aim to provide you with products of the highest quality. If you have received a Product with a defect, please contact us or inform your account manager at the first moment so we can instruct you of the returns process and help resolve the problem as soon as possible.
No returns will be accepted without prior consent from FS.COM PTY LTD. Upon approval of the return request, a Return Merchandise Authorisation (RMA) Form will be provided to you to complete and return.
Goods returned for credit must be in 'as new' saleable condition and complete with all manuals, components and undamaged original packaging. Any software seals (if applicable) must not have been broken. Otherwise, the return may be refused.
Acceptance of returns due to customer's error will be at the discretion of FS.COM PTY LTD. Goods being returned due to a mistake on the part of the customer, the possible shipping cost or taxes should be borne by the customer.
Goods that have been specifically made, modified, customised, or purchased for the customer shall not be returned, unless there has been an error caused because of FS.COM PTY LTD. For more details, please view Return Policy and Warranty Policy.
All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Consumer guarantees cannot be excluded unless any extended warranty is purchased or any voluntary warranty (warranty against defects) is given.
There may be circumstances where you are not entitled to a remedy. For further information about the Australian Consumer Law and consumer guarantees, please visit official website of ACL.
Where an item is damaged through misuse, accident or abnormal use, the Australian Consumer Law or any manufacturer‘s warranty may not apply, and FS may not provide a refund, exchange or repair. We will require an original proof of purchase before providing a remedy under the Australian Consumer Law. For further information about refunds and returns, please see our Return Policy and Warranty Policy.
All information contained in the FS.COM PTY LTD catalogue and literature is accurate at the time of going to press. FS.COM PTY LTD does not accept any responsibility for damage, injury, loss or expense resulting from any errors or omissions. All descriptions, illustrations, specifications, and dimensions are approximate and are only intended to present a general guideline as to the goods therein. Where specific brands are mentioned in connection with replacement parts it is not implied that we have any association with the original manufacturer.
To the extent permitted by law, each of FS and the Franchisor and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the website;
you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
personal injury or property damage of any kind resulting from your access or use of the website;
any unauthorised access to or use of the websites secure servers;
any interruption or cessation of transmission to or from the website;
any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
the quality or fitness for any purpose of any linked sites.
Except as expressly provided in these terms, and to the fullest extent allowed by the law, FS and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
You will at all times indemnify, and keep indemnified, FS, the Franchisor, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010.
If a third party should assert claims against the ordering party for the violation of industrial property rights, Copyrights relating to the supplied products, the ordering party shall be obliged to give immediate notification thereof. FS shall have the right, if applicable with the support of the ordering party, but at its own expense, to conduct all negotiations for a settlement or any legal proceedings arising therefrom.
If the supplied products have been built in accordance with designs or instructions of the ordering party, the ordering party shall indemnify FS against all claims, liabilities, burdens and costs that are asserted by third parties due to violations of patents, trademarks or samples. A reasonable advance on any costs of legal proceedings shall be granted to FS.
FS shall be obliged to use all knowledge of company secrets and of information that can be classified as confidential it acquires as part of the contractual relationship only for the purpose of implementing this contract. Both parties shall treat all documents and information they receive in and during the fulfillment of a contract with confidentiality and for as long as such documents and information have not become generally known.
These obligations shall also remain in effect after the end of a contract and shall also be imposed on third parties in the case of permitted passing on of documents and information to third parties.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and FS.COM PTY LTD.
FS operates this website from its office within Australia. The laws of the State of Victoria govern these Terms and Conditions, and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.
If you have any questions, suggestions and complaints concerning these terms and conditions, you can contact us by calling +61 3 9693 3488 or by an email to firstname.lastname@example.org.
Address for service of notices for FS.COM PTY LTD:
57-59 Edison Rd, Dandenong South, VIC 3175, Australia (ABN 71 620 545 502)