Terms & Conditions
The below terms and conditions are applicable to all users and sales. By accessing or using this website, you agree to the terms of use of our website, which are set out below. The Terms of Use include our legal disclaimer and our privacy policy, and any other terms or conditions on this website
Sales made through this website are subject to the below provisions (they are to be read together in full) - by ticking the box and proceeding with a sale through our website you agree to the following:
- We reserve the right to cancel and not honour any sale due to unavailability of stock, changes in prices, and incorrect information with regard to the product including its details or price.
- In the event of any situation in point 1 occurring the customer will be contacted and any payments made will be refunded.
- We reserve the right to change carriers for your items as we see fit. Sometimes with changing environments, carrier delays and issues within freight systems we may automatically switch to an alternative postal company than you selected to ensure the fastest and safest route.
- By agreeing to our terms and conditions you give consent to allowing the freight company to leave your parcel in a safe place if you are not home. If you do NOT consent to your parcel being left at your address, please contact us prior to purchasing. If you elect to have the parcel not left in a safe place and you are not home for your delivery then you agree to be responsible for any redirection fees that may occur.
- Not each and every part on our website is kept in stock. If we are unable to obtain apart from the supplier that is not kept in our warehouse within a reasonable time you will be contacted and notified of the delay. If you are not happy to proceed with the sale a refund will be processed within 3-4 business days.
- By agreeing to our terms and conditions you also agree to our returns and shipping policies also outlined on our website under "customer service".
- We do not accept returns for a simple "change of heart" - there must be something materially wrong with the product or item sent to you.
- Once an item is shipped we are not liable for providing updates and tracking the whereabouts of your parcel. It is up to each individual customer to raise any shipping concerns with Henderson Mowers and bring these to our attention so that we can investigate them on your behalf.
- Prices are shown in AUD (Australian Dollars) and are inclusive of GST.
- We reserve the right to correct any errors that display on the website and cancel any sales that have been affected by this error.
- Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes e.g. seat covers, ppe gear, and other accessories.
- Any orders cancelled simply for "change of mind" circumstances after an order is placed will only be refunded minus any fees we incur for processing your transaction. I.e. if you make a purchase for $1,899 and the transaction fee on our end is $35 then you will receive a refund less that fee as we cannot get those funds back from the payment processing provider.
- Freight damage - if your goods appear to be damaged at the time of delivery please refuse delivery of your parcel. If your parcel is "authority to leave" you have 10 days to inspect your goods and report the incident to us. Incidents reported outside this period will not be covered as we cannot recover costs from our insurance providers.
Prohibited:
- from taking information off our website without our permission.
- impersonate another person when using the website
- to tamper or hinder the operation of the website. This includes making unauthorised alterations of the website
- knowingly transmitting any virus or other disabling feature to our website. This includes engaging another to do any of these acts.
Refusal of Transaction:
- We may refuse to complete/ process a transaction and refused to provide our services for any reason we desire and at any point in time. We will not be liable for you or any third party by reason of our withdrawing/ not proceeding with a sale of any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun. This includes refusal to proceed with the sale at our discretion.
Deliveries that require a forklift:
- If a forklift/ unloading facilities are required for your delivery you will be contacted prior to processing the order. If you make a representation that unloading facilities are present and they are not available at the time of delivery and it cannot be completed. You will be charged a redelivery fee and your original postage costs will not be refunded.
Postage:
Our primary means of freighting most items is via Australia Post. Certain couriers may be selected by the user where available but we reserve the right to use Australia Post as our main logistics company when we see fit.
Some larger and bulkier items may show "TBC" (to be confirmed) in the shopping cart when checking out: If your postage costs are not calculated in the shopping cart and TBC is seen please complete the sale and we will contact you with the cost of postage within 24 - 48 hours, if you are not happy with the price we will happily refund the money. Alternatively, you can contact us and we will endeavor to get you a quote to ship the item
Items purchased online will be shipped within 2-3 business days and will usually take between 5-10 working days to reach their destinations. Longer delays are expected over public holidays and Christmas time as postal services are closed and congestion is expected. In the event of an unexpected delay, the consumer will be contacted immediately to be informed.
Goods (parts) held to be "available" are drawn from a warehouse in each state - this is our 2-3 day processing period. Our stock levels are a live indication of the supplier's warehouse stock levels and therefore will show an item as "available" if we have the ability to source it quickly, not all spares are kept locally on the shelf. There can be small discrepancies though and sometimes available items may not actually be there and if that is the case we will try our hardest to source an alternative and call you or refund you the full amount. Once the goods arrive we will then post the goods to the delivery location you selected. Understandably, when drawing products from other warehouses sometimes there can be unforeseen delays and items may not be shipped within the 2-3 hour period. If this is the case - and it is feasible - goods will be express posted.
P.S: When ordering Honda parts some unique/ older parts may be placed under back order through Honda and therefore a longer delay may be expected than the 5-10 business days noted. If this is the case a staff member will be in contact with you A.S.A.P.
*Henderson Mowers & Chainsaws also reserve the right to quote a higher fee for postage on Honda products when they are extremely heavy or large items.
Henderson Mowers also reserves the right to cancel any orders with free shipping if the shipping costs outweigh the profit in the item. Sometimes remote areas can be costly to reach and if this is the case a full refund will be issued at the earliest convenience.
Delivery & Pick-up
Henderson Mowers and Chainsaws provides an efficient delivery and pick-up service available at your discretion. Due to the continuous changing of weight and dimensions of large machinery please call to obtain a quote for delivery.
We can deliver and demonstrate new machinery in your backyard if you are in the Ballarat area, ensuring you know exactly what you are doing the first time you use your new equipment. While we can also pick up and drop off mowers that require maintenance too.
No distance is too small! If you require delivery for a large item purchased from our website or store please call us on (03) 5331 1618 to arrange a quote today.
We are also happy to load a mower onto a crate for your convenience if you would prefer to arrange your own courier to pick up the machinery.
PLEASE NOTE: We also have a courtesy trailer and ramps available to customers free of charge. All that is required is you call and book the trailer prior to use and fill out a form on arrival, thanks.
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Henderson Mowers & Chainsaws accessible at www.hendersonmowers.com.au.
Intellectual Property Rights
Other than the content you own, under these Terms, Henderson Mowers & Chainsaws and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
Restrictions
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Henderson Mowers & Chainsaws may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Henderson Mowers & Chainsaws a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Henderson Mowers & Chainsaws reserves the right to remove any of Your Content from this Website at any time without notice.
Your Privacy
Please read Privacy Policy.
No warranties
This Website is provided "as is," with all faults, and Henderson Mowers & Chainsaws express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Henderson Mowers & Chainsaws, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Henderson Mowers & Chainsaws, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Henderson Mowers & Chainsaws from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Henderson Mowers & Chainsaws is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
The Henderson Mowers & Chainsaws is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Henderson Mowers & Chainsaws and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Victoria, Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in au for the resolution of any disputes.