Terms and Conditions

Ballarat Forklifts Terms and Conditions

Last updated: November 29, 2023

Welcome to Ballarat Forklifts (“Website,” “we,” “us,” or “our”). Please carefully read the following Terms and Conditions (“Terms”) before using our services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our website and services.

Acceptance of Terms
By using our website, you acknowledge that you have read, understood, and accepted these Terms, as well as our Privacy Policy. If you are using this website on behalf of a company or organization, you represent that you have the authority to bind them to these Terms.
Account Registration
a. To make purchases on our website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials, and you agree to accept responsibility for all activities that occur under your account.
b. You must be at least 18 years old to create an account and use our services. If you are under 18, you may use our website and services only with the involvement and consent of a parent or legal guardian.

Products and Services
a. Our website offers various products and services for sale. We make every effort to provide accurate and up-to-date information regarding the products, including descriptions, prices, and availability. However, we do not warrant that the information is error-free, complete, or current.
b. We reserve the right to modify, discontinue, or update any product or service at any time without prior notice. Prices are subject to change, and we are not liable for any discrepancies or errors in pricing.

Payment and Billing
a. You agree to provide accurate and complete payment information when making a purchase on our website. You authorize us to charge the provided payment method for all purchases made by you or under your account.
b. If there is an error in processing your payment, we may attempt to contact you using the information provided during registration or purchase. However, we reserve the right to cancel your order if we are unable to reach you or if the payment issue remains unresolved.

Shipping and Delivery
a. We will make every effort to deliver products within the estimated timeframe. However, delivery times may vary based on factors beyond our control, such as shipping carrier delays or customs inspections.
b. Risk of loss and title for products passed to you upon delivery to the shipping carrier. We are not responsible for any damages or losses that occur during transit.

Returns and Refunds
a. We strive to provide quality products, and your satisfaction is essential to us. If you receive a damaged, defective, or incorrect item, please contact us within 30 days of receipt, and we will arrange for a replacement or refund.
b. For non-defective items, we may accept returns within 30 days of receipt, subject to our return policy. Please refer to our Returns and Refunds Policy for more details.

Intellectual Property
a. All content on our website, including but not limited to text, images, logos, trademarks, and software, is protected by copyright and other intellectual property laws. You may not use, reproduce, modify, or distribute any content without our prior written consent.
b. By submitting any content (such as reviews, comments, or feedback) to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, display, reproduce, adapt, and distribute the content in connection with our website and services.

Prohibited Activities
When using our website, you agree not to:
a. Violate any applicable laws, regulations, or third-party rights.
b. Engage in any fraudulent, misleading, or deceptive activities.
c. Interfere with or disrupt our website or servers.
d. Attempt to gain unauthorized access to our systems or other users’ accounts.
e. Engage in any activities that may harm our reputation or brand.

Limitation of Liability
a. To the extent permitted by law, we are not liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of our website or services, including but not limited to lost profits, data loss, or business interruption.
b. Our total liability in connection with any claim or dispute related to our website or services shall not exceed the total amount paid by you for the relevant products or services.

Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our website, your violation of these Terms, or your infringement of any third-party rights.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of  Australia. Any disputes arising out of or relating to these Terms or our website shall be resolved through arbitration in accordance with the rules of Ballarat Forklifts. The language of the arbitration shall be English.
Modifications to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our website after the changes become effective constitutes your acceptance of the revised Terms.
Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Heelladysale regarding your use of our website and services.
If you have any questions or concerns about these Terms, please contact us at –

Business Phone Number: +61 4800 48066
Business Email: sales@ballaratforkliftservices.com
Business Address: 
Business Hours: Mon – Sat (09 AM – 6 PM)
Sun  (Closed)
ABN: 43 954 655 721

 

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Happy shopping!