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Terms and Conditions

General Terms and Conditions of Business

General Provisions

This terms and conditions govern the sale of products to you on FS.COM/AU by FS.COM Pty Ltd (ABN 71 620 545 502).

Please read these conditions carefully before placing an order. For your registration, sign-in, usage of the Services or other actions, you acknowledge that you have read and understood, and agree to accept and be bound by the terms and conditions listed. By accepting this Agreement, you agree to accept all constraints, including accepting FS.COM to reserve the right to modify the terms and conditions at any time without further notice to you.

You can sign in on our website to check the latest version.


Contracting Party, Conclusion of Contract

The sales contract is concluded with FS.COM PTY LTD

By placing an order on our website, we make a binding offer to conclude the contract for these articles. You can add any FS product(s) into the shopping cart without obligation. The contract is concluded by clicking “proceed to PayPal/Bpay” (for payment by PayPal/Bpay), Confirm to Payment (for payment by Credit/Debit Card) or Submit Order (for payment by Direct Deposit)” in checkout page. It means you accept the offer of the goods in the shopping cart. Immediately after submitting the order, you will receive an order confirmation email.

You can correct the order information when orders haven't entered the dispatch process by using the proper ways provided and explained in the order process. But orders containing customized items or in other special conditions cannot be updated or canceled once they enter “processing” status.


Language of Contract, Saving of Contract Text

The language available for the conclusion of the contract is English.

We save the contract text and send you the order data by e-mail. You can also view the Terms and Conditions at any time here on this page. You can view detail order history in “My Account” after sign in.


Terms of Delivery

FS.COM PTY LTD offers delivery options including TNT, DHL, FASTWAY, etc. And orders qualified for FREE Delivery are shipped by FASTWAY. You can check more details on checkout page or delivery policy page.


Price and Payment Terms

All prices shown on FS.COM AU are in Australian Dollars. In addition to the stated product prices, delivery costs are added. And in accordance with applicable laws, FS.COM PTY LTD is also obliged to charge GST for orders delivered to customers located in Australia. You can find out more about the subtotal amount on checkout page. Besides, in some cases, additional charges for customs clearance would have to be born by the recipient once the package reached the destination country.

We accept the following payment methods.

Credit/Debit Card

After you place an order and choose to pay by Credit/Debit Card, simultaneously you need to provide your card details at 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.

PayPal

During the order process, you will be re-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 client without PayPal account), identify yourself with your access data and confirm the payment order to us. After placing the order, FS.COM asks PayPal to initiate the payment transaction. It will be carried out automatically by PayPal immediately afterwards.

Direct Deposit

On checkout page, FS.COM 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 sales representative for quicker response.

You can also find FS account information in payment methods page or order details page (if you choose to pay by Direct Deposit ).

Bpay

If you choose Bpay on checkout page, you will be redirected to the next page which states the payment details for Bpay. It includes the Biller Code and 12 digit payment reference number. Please use our eCommerce payments service provider - GlobalCollect instead of our company name as the beneficiary name. GlobalCollect will ensure we receive a notification of your payment.

Purchase Order

The purchase order(PO) is a legally binding document between purchasers and FS.COM. It should define every single detail of the purchase, such as quantities, agreed prices, delivery date and so on.

Under an agreed payment term & condition, purchase orders from approved customers are accepted by us and allow you to buy and receive products or services without immediate payment.

FS.COM PTY LTD now offers standard Net 30 term for purchase orders to approved businesses. Other payment terms such as Net 15, Net 45, etc, are also available per your business requests.


Reservations of Title

Every item delivered remains property of FS.COM 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 authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.


Consumer Guarantee

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.COM 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.


Force Majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including but not limited to, acts of God (for example flood), governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.

Information on any applicable additional guarantees and their exact conditions can be found in the product and on special information pages on our website.


Liability

The content of FS.COM website has been created to the best of our knowledge and belief and has been checked at the time of this writing. FS.COM asks for your understanding, that nevertheless we cannot guarantee the function, actuality, rightness, completeness or quality of information (our own as well as other authors).

FS.COM assumes liability for the company and its vicarious agents - without having agreed the amount of damages - if fundamental contractual obligations or common business practices were violated. Liability in such cases shall be restricted to typical, foreseeable damage. There shall be no liability for loss of prospective profits or damage from the claims of third parties against the ordering party.

FS.COM shall not be liable, outside the obligation to deliver, for slight negligence on the part of its vicarious agents.

Liability of FS.COM for its own intentional and grossly negligent conduct and that of its vicarious agents, as well as liability under product liability law, shall remain unaffected by the above restrictions to liability. Liability for slight negligence shall be excluded.

Employees of FS.COM who are active as vicarious agents of FS.COM the ordering party shall not be personally liable towards the ordering party in the case of slight negligence.

Liability of FS.COM, as well as of its legal representatives and vicarious agents, for damage from violation of life, body, or health contrary to duty shall remain unaffected.


Intellectual property rights and Confidentiality

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.COM 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.COM 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.COM.

FS.COM 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.


Export and Import Licenses

Products and Technical know-how supplied by FS.COM are intended for use and to remain in the country of delivery agreed with the ordering party. Re-exporting of contractual products - individually or integrated in a system - may require the ordering party to obtain a license and shall be subject to the foreign trade regulations of the Federal Republic of Germany or of the other country of delivery agreed with the customer.

Any further delivery of contractual products to third parties by the ordering party, with or without the knowledge of FS.COM, shall at the same time require the transfer of the export license conditions. The ordering party shall be liable to FS.COM for the correct observance of these conditions.


Severability

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


Applicable Law

FS.COM 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.


Waiver

The failure by FS.COM PTY LTD to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by FS.COM PTY LTD


Our Contact Details

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 legal@fs.com.

Address for service of notices for FS.COM Pty Ltd:

57-59 Edison Rd, Dandenong South, VIC 3175, Australia (ABN 71 620 545 502)

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