Reference to “Metalicus”, “we”, “us” or “our” is a reference to GENERAL PANTS INVESTMENTS PTY LIMITED trading as METALICUS.
Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.metalicus.com (“Website”) and the purchase of any product/s.
You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Metalicus and participating in any Metalicus forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).
You should be aware that the information on this Website and these Terms are subject to change.
We recommend that you read these Terms each time you access the Website and definitely before you place future orders. The information on this Website and/or these Terms may be different and will apply to your use or order/s.
For clarity, the Terms that are in place at the time you place an order will apply to that order.
Limitation of Liability
Subject to your rights under the Australian Consumer Law, you understand and agree that:
For avoidance of doubt, if you are a consumer, nothing in these Terms affects your rights to terminate this Agreement in the event that you reject the goods under s.259 of the Australian Consumer Law.
Your Account and Password
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
Access and communication
We use reasonable efforts to ensure the integrity of the Website by using virus checking software. However, we do not and cannot guarantee or promise that the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
Products and Purchasing
This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes. If you intend to on-sell Metalicus’ product through a retail store, online business or other commercial entity, please contact the Metalicus wholesale division on 1800 665 509.
Metalicus reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged to your credit card.
Any orders received by Metalicus through this Website constitute offers and are subject to acceptance or rejection by Metalicus in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.
Click and Collect
While shopping online, you have the option to select the Click & Collect option that allows you to purchase online and collect from your nominated Metalicus store. You will need to pick up your items from your nominated store during normal opening hours within seven (7) days of the order being placed.
If the item is displayed as low in stock we strongly recommend that you call the store before placing the order to ensure that the item/s is/are available. You will receive an email confirmation that your order has been processed. We will do our best to avoid inconvenience to you, however please be aware that it is possible that an item may be sold in store at the same time that you are placing your order. If so, it will mean you’re your offer will not be processed and you won’t receive an email confirmation.
Click & Collect orders cannot be modified or changed once the order has been confirmed. You will need to collect the order and then make the relevant change, if allowed under our refund policy.
When collecting your order, please bring a copy of the receipt, invoice, confirmed order or other code provided when or shortly after you made the purchase online. You will also be asked to provide photo identification.
If your order is not collected within the seven (7) day period, we will contact you by email and ask you to collect within 2 business days. If it isn’t collected, we will refund the amount paid and confirm by email.
Please be aware that during major promotions or sales events Click & Collect may not be available.
Loyalty vouchers cannot be redeemed on click and collect orders.
Click & Collect is only available from the stores listed on the Store Locator page that is displayed when you select the Click and Collect option online.
Payment can be made by Visa, MasterCard or American Express (Australian Registered Cards only). Credit Card transactions are processed through the Commonwealth Bank CommWeb Secure Payment Gateway. Your card details are not disclosed to us and are not stored in our database. Please note that delays may occur on large orders while the card is checked for authenticity.
Except in relation to Submitted Material (defined below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.
You acknowledge and agree to the “Disclaimer” at http://www.metalicus.com/intellectual-property.
Metalicus grants you a non-exclusive and non-transferable licence to use the Website for your own personal use only and subject to these Terms and any other terms and conditions on the Website.
3rd Party Service Providers
In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers. As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties. You agree to be bound by the relevant 3rd party service providers terms and conditions of supply. For example and avoidance of doubt, you hereby agree to be bound by Comodo’s SSL Relying Party Agreement (available at: www.comodo.com) so that we may encrypt information you provide when making an order.
User Content Submissions
The Website contains facilities for exchange of information with other users of the Website (“Forums”). In using, and contributing material to Forums, you must comply with these Terms and all policies, guidelines and directions published by Metalicus from time to time.
Metalicus is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
Metalicus does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum or otherwise communicated through the Website, Metalicus’ sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
Metalicus’ Licence to use Submitted Material
By uploading material to any Forum or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Metalicus a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Metalicus for purposes including (without limitation) marketing, research and development of goods and services.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Metalicus, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
Metalicus reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
(i) abusive, defamatory, or obscene;
(ii) fraudulent, deceptive, or misleading;
(iii) in violation of a copyright, trademark or other intellectual property right of another;
(iv) in violation of any law or regulation; or
(v) offensive or otherwise unacceptable to Metalicus.
In using the Website and Services you must not:
(a) engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
(b) impersonate or falsely claim to represent a person or organisation;
(c) defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
(d) post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
(e) post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan , worm or other harmful or disruptive component;
(f) not link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or
(g) use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;
(h) access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or
(i) attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
Metalicus may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
Consent To Receiving Commercial Electronic Messages
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.
This policy is governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with the Terms or Website.