Terms of Use

Last updated January 2021

This site is owned by Deck-Max Australia Pty Ltd

A reference to Deck-Max means Deck-Max stores participating in the website where appropriate.

By accessing or using this website you agree to do so on the terms and conditions set out here and elsewhere in the website (“Terms of Use”). Please read these Terms of Use carefully before using the website. These Terms of Use are in addition to the specific terms and conditions that apply to the products and services offered by Deck-Max.

Deck-Max may amend the Terms of Use at its discretion and without notice by posting the amended Terms of Use on this website. A copy of the current Terms of Use will be available on this website at all times. By continuing to use Deck-Max’s website you accept the Terms of Use as they apply from time to time. You should visit this page periodically to review the Terms of Use. If you violate any Terms of Use your right to use and access this website automatically terminates.

Deck-Max reserves the right to change or discontinue any feature or part of this website, the hours of availability and the programs required to obtain access.

Click and Collect

This website offers customers the ability to view a selection of products that may be available in the Deck-Max range at any given time. The Customer may choose products from this selection and collect them from their nearest participating Deck-Max or Deck-Max (Participating Store).

may not participate in this website and therefore customers need to check which store is their closest or most convenient Participating Store to purchase from. The purchase agreement is between the customer and the selected Deck-Max or True Value Hardware Participating Store and all queries should be directed to that store.

When ordering, customers need to fill in their details where required online in order for the selected Participating Store to generate the order and prepare an invoice. Payment details must be provided and will be kept secure in accordance with the Privacy Policy. Customers will be notified by email or telephone as to the availability of the ordered products and when they may be collected from the store. Neither Deck-Max nor Participating Stores guarantee the availability of products or the time they will be available for collection, but all reasonable efforts will be made to ensure the ordered products will be available and within a reasonable time. If a product is not available, the customer will not be charged and any payment will be reversed to the account from which payment was made.

Customers must collect the ordered products from the selected Participating store as soon as they are notified the ordered products are available. Products will not be delivered unless separate arrangements are made with the store.

Some Participating Stores may offer a delivery option. This will be governed by the prevailing Deck-Max Deliveries and Collection Policy located on this website.

Disclaimer

Many of our products come with a guarantee or warranty from the manufacturer. In addition, they 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 further reasonably foreseeable loss or damage. You are 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. Full details of your consumer rights may be found at www.consumerlaw.gov.au.

All queries regarding products, such as returns, faults, loss, damage or product use should be directed to the selected Participating Store of purchase. Return and refund policies are in accordance with the Australian Consumer Law and any additional policies are offered at the discretion of the selected Participating Store of purchase.

Deck-Max does not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness or timeliness or any other aspect of the information available on the website (“Information”) or that it is suitable for your intended use. The Information is provided “as is” without warranty of any kind, express or implied to the full extent permitted by law, including, but not limited to implied warranties of merchantability and fitness for purpose.

The sale of all catalogue products featured on this website is subject to the terms and conditions of the promotion as stated on the catalogue. Not all products featured on this website will be available at all stores and prices of products may vary from store to store. You should check with your local Deck-Max store as to product availability and price.

You will be responsible for the content of any material you enter on the Deck-Max website. All information you enter must be accurate, complete and not misleading, deceptive, defamatory or contrary to law. Deck-Max is not responsible for and disclaims any liability in relation to the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through the Deck-Max website. However, Deck-Max reserves the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that Deck-Max deems to be illegal, offensive or otherwise inappropriate.

Deck-Max is not liable to any party for any direct, indirect, economic or consequential loss or damage for any use of or reliance upon the Information found on this website or any other linked website, including, without limitation to, the loss suffered in connection with out of date materials or transmission of computer viruses, lost profits, business interruption, loss of programs or data, even if Deck-Max is expressly advised of the possibility of such damages. If your use of the website or the Information results in the need for servicing or replacing equipment or data, Deck-Max is not responsible for those costs.

Deck-Max does not warrant or represent that the Information is free from computer viruses or other typographical errors or defects. Deck-Max recommends that virus checks should be done on any Information downloaded. The use of the website and the Information is at your own risk.

Deck-Max excludes, to the maximum extent permitted by law, all warranties, representations, and implied terms and any liability which may arise in relation to access to or use of this website or the Information.

Where liability cannot be excluded, any liability incurred by Deck-Max is limited to, at the option of Deck-Max, the re-supply of the Information on the website or the repayment of reasonable costs of having the Information re-supplied. Under no circumstances will Deck-Max be liable for any direct, indirect, economic, incidental, special or consequential loss or damages arising out of the use of this website or the Information, including lost business profits.

Links

You may be able, through hypertext or other computer links, gain access to other sites on the Internet that are not part of the Deck-Max website. The linked sites included in this website are not under the control of Deck-Max and Deck-Max is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. Deck-Max provides these links for your convenience. The inclusion of any link does not imply an endorsement of the linked site by Deck-Max or a relationship with the organisation to which the links are provided. You link to any such linked site at your own risk. Deck-Max is not a party to any transaction between you and a linked site.

Jurisdiction

It is your responsibility to ensure that use of this website is in accordance with the laws of the relevant jurisdiction where the material is viewed or received.

Your access to and use of this website is governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Intellectual Property

Copyright © Deck-Max / Sunrise Developments Pty Ltd 1989-2021. All rights reserved.

You acknowledge and agree that all content, coding, text, graphics and Information available on this website is protected by copyright, trademark or other intellectual property rights and laws.

All other use, copying, adaptation, transmission or reproduction of this website or any part of it is prohibited except to the extent permitted by Australian and international copyright law.

The trademarks which appear on this website are the trademarks of their respective owners. Use of these trademarks without the owner’s consent will infringe the respective owner’s intellectual property rights. Nothing in this website should be interpreted as granting any rights to use or distribute any names, logos, or trademarks except with the express written consent of the respective owner.

No part of this website may be reproduced, modified, or distributed in any form or manner without the prior written permission of Deck-Max.

Spam

The publication of electronic mail addresses on this Site is to facilitate communications relating to Deck-Max functions and it must not be inferred as consent by Deck-Max or the relevant addressee to receiving unsolicited commercial electronic messages.

Severability

If any provision of the Terms of Use is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms of Use. This is the entire agreement between the parties relating to the subject matter.

Privacy

Deck-Max complies with the Privacy Act 1988 and the Australian Privacy Principles. Deck-Max collects, uses and discloses personal information as set out in its Privacy Policy. By providing personal information you consent to the collection, use and disclosure of personal information as set out in the Deck-Max Privacy Policy.


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