Terms and Conditions

1 About these Terms and Conditions

This website is owned and operated by Optex Solar Pty Ltd (us, we, our). These Terms and Conditions set out the terms and conditions by which we will agree to:

allow you access to and use of our website and
supply you with the products advertised on this website from time to time.

Whenever you access this website or purchase products via this website, you must agree to do so only in accordance with these Terms and Conditions. You should read these Terms and Conditions in conjunction with our Privacy Policy and any other notices and disclaimers which appear in our website (but only to the extent such notices and disclaimers are not inconsistent with these Terms and Conditions). These Terms and Conditions are subject to variation without notice and will apply as varied from time to time to all subsequent access and purchases by you.

2 Purchasing products

As an individual intending to acquire products for personal, domestic or household use, you may use the features and functionality offered on this website to purchase products. You must not use this website to purchase products if you intend to on-supply them to other parties in trade or commerce (see our corresponding right regarding order cancellation in section 6 below). If you wish to enquire about being supplied with commercial quantities of our products for you to on-sell them, please contact us at info@EcoOnline.com.au. You must not purchase products via this website if you under 18 years old (although your parent/guardian may be able to do so).

3 Prices and descriptions of products

All prices on this website are displayed in Australian dollars, include GST and are subject to change without notice. Prices are displayed exclusive of delivery charges. Delivery charges applicable to your circumstances will be calculated during the online checkout process for your purchase. You need to confirm your acceptance of these calculated charges before we can finalise your order. The actual colours of products may vary slightly from as shown on this website.

4 Payment

We only accept PayPal, direct deposit or credit cards payments through PayPal’s secure payment gateways. We do not use, store or process credit card information ourselves.

5 Delivery

We deliver to street postal addresses in Australia. We deliver only by our nominated carrier(s). We may change our nominated carrier(s) from time to time without notice. Depending on the carrier applicable to your circumstances, we may provide tracking details when we confirm your order has been dispatched. Our nominated carrier(s) will generally require a signature from you before you take delivery of your products. Delivery times will vary depending on your delivery location. Please note that while we take all reasonable steps to ensure your product is delivered in a timely manner, delays may occasionally occur as a result of our carrier which we have no control over. If any delay is caused by an event out of our reasonable control or foresight (including delay caused by us receiving an incorrect delivery address), we will not be liable for any loss or damage incurred by any person as a result of such delay.

For shipments involving your chosen shipping method of “Courier - Road Express” or “Standard Shipping”, we reserve the right to ship your item with the most cost effective a road express courier of our choice. For “Courier - Priority Express” or “Expedited Shipping” shipping, we will endeavour to ship your item priority overnight if possible. However note, for some regional and rural areas overnight shipping is prohibitively expensive and/or unavailable, in this case we will ship your item through a courier service with fastest specified shipping to your location.

6 Cancelling orders

We reserve the right to cancel your order prior to delivery if:

you provide erroneous or insufficient information in relation to your payment method, billing details (including if the billing details you provide are different from the details your financial institution has on record) or shipping address
we know or suspect that you intend to on-supply the products to be delivered to other parties in trade or commerce or
we know of or suspect any fraudulent or dishonest activity in relation to your order.

In these cases, we may also refuse to accept subsequent orders from you.

7 Our warranties

Manufacturing and materials warranties

We offer warranties covering manufacturing and materials defects in the following products available via this website (or other official EcoOnline online stores):

35 year return to base limited warranty on all OKU Performance+ HDPE collectors
15 pro-rata warranty on all PoolMaster_pro heating strips
1 year return to base limited warranty on all Vertex system pumps
3 year return to base limited warranty on all Solar Charging Regulators
20 year return to base limited warranty on all MOTECH Cell 10W to 120W solar PV panels
10/20 year limited power output performance warranty on select MOTECH solar PV panels, see below
2 year return to base warranty on all Solar Attic/Gable Fan motors
2 year return to base warranty on all Solar Attic/Gable Fan thermostats

PV Power output performance warranty

We offer a limited performance warranty on select MOTECH cell PV panels sold via listing which explicitly make mention of a "Performance Warranty", and marked "Per" on the invoice. These PV panels will meet the following minimum performance criteria:

for up to 10 years after purchase, power output will not fall below 90% of the specified maximum power output
for between 10 and up to 20 years after purchase, power output will not fall below 80% of the specified maximum power output.

Specified maximum power output figures are located on the specification stickers which we attach to all new PV panels. Performance must be measured in accordance with our specific test conditions (including, air mass = 1.5, irradiance = 1000 W/m², cell temperature = 25°C). We reserve the right to verify any claims made under our performance warranty by requiring you to either deliver the product to us (at your cost) or allow us access to the product on-site to conduct our own performance testing. The results of any performance test we undertake are final and no further correspondence will be entered into in the event our testing indicates your product performs at or above the minimum performance criteria set out above.

Further warranty terms and invalidity

None of our warranties apply:

to minor cosmetic damage, including but not limited to scratches and dents
to damage caused by use with third party products
to damage caused by accident, abuse, misuse, liquid contact, fire, flood, earthquake or other external causes (including accidental glass breakage)
to damage caused by operating the product outside the permitted or intended uses described by us
to damage caused by exposure to excessive pollution levels or chemicals
to damage caused by improper mounting, installation or storage methods
to damage caused or defective wiring
to a product or part that has been modified to alter functionality or capability without the our written consent
to defects caused by normal wear and tear or otherwise due to the normal aging of the product and
in the case of LED globes specifically, if compatible transformers are not installed by a licensed electrician or LED globes are not used in compliance with applicable Australian Standards

We may also request that you replace defective parts with user-installable new or refurbished parts that we provide in fulfillment of our warranty obligations. The selection of suitability of products for use by children remains at the discretion of the purchaser and products should only be used by children under proper adult supervision. Please note, our warranties are provided in addition to the consumer guarantees referred to in section 8 below.

Making claims under our warranties

If we receive a valid claim from you during a warranty period we will either, at our option:

repair the product defect, using new or refurbished components that are equivalent to new in performance and reliability
exchange the product or component with a product or component that is new or refurbished that is equivalent to new in performance and reliability and is at least functionally equivalent to the original product or component
refund the original purchase price of the product
or, in the case of valid claims under our power output performance warranty for solar PV panels, we may offer you a one-off claim settlement payment calculated by multiplying the percentage by which the power output of your PV panel falls below the relevant minimum performance criteria specified under our warranty by the original purchase price for your PV panel. Which method we choose to make such settlement payments to you is at our discretion (for example, such payments may involve a chargeback transaction using your original purchase method).

Warranty claims are subject to the claimant providing valid proof of purchase and agreeing to pay all applicable post and handling costs. Please contact us at info@EcoOnline.com.au for assistance regarding specific claims under our warranties.

8 Returns policy

If you change your mind about a purchase we will refund the original purchase price in full, provided you return the product to us at your cost within 28 days of the purchase date and in the same condition as it was delivered to you (including unopened packaging). Any such refunds will be paid by chargeback using your original purchase method. If you take delivery of a product which is defective or was wrongly described on our website at the time of purchase, we will refund, exchange or repair the product in accordance with our warranties (see section 7 above) and the consumer guarantees provided under the Australian Competition and Consumer Act 2010 (Cth). See here for more information on consumer guarantees.Please contact us at info@EcoOnline.com.au for assistance regarding specific product return enquiries.

9 Questions and complaints

If you have any questions or feedback on any of the products advertised on this website, please contact us at info@EcoOnline.com.au. We greatly value our customers’ thoughts, which can help us to develop new and improved products for the future. If you have a complaint regarding a specific order via this website, please contact us at info@EcoOnline.com.au.

10 Website Content

Content generally

You must not use any logos, images, text, drawings, trade marks, audio files, video files, software or any other type of file or subject matter on this website (Content) for any illegal or unlawful purpose.

Copyright notice

Copyright

Copyright in all Content is owned by or licensed to us. You may only reproduce, download or print Content strictly for personal use and without modification, and whenever doing so you must include the copyright notice above. All other use, reproduction, downloading, printing, communication, broadcasting or adaption of any Content is prohibited except where necessary for viewing the Content on your Internet browser or specifically authorised by law or in writing by us. Please contact us if you would like to use any of the Content for commercial or educational purposes.

Trade marks

The use of the any of our trade marks is strictly prohibited unless we provide prior written consent. The following trade marks appearing in our website are used by us (without limitation):

the words “ecoonline” and “eco online”
our Eco Online and EcoOnline logos.

Other intellectual property

Without limiting anything else in these Terms and Conditions, all intellectual property rights in any Content is owned by or licensed to us. Nothing in this website grants, or shall be construed as granting, any license, sub-license or right to use any part of our website, including any Content.

Information

Except as otherwise explicitly provided for in these Terms and Conditions:

information we provide in this website is subject to change without notice;
whilst we take reasonable steps to ensure the accuracy and currency of the information provided on this website, we do not guarantee any information provided on this website is accurate or current; and
we only provide information on this website on an “as is” basis and you rely on information so provided at your own risk.

Links to third party websites

The inclusion in this website of any hyperlinks or other pointers to any third party websites does not of itself imply our endorsement or approval of such third parties, their websites or their businesses or other activities.

11 Users outside Australia

This website may be accessed from within Australia and throughout the world. We make no representations that this website or any Content complies with the laws of any country which is not Australia. If you access this website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access this website.

12 General restrictions on use

In addition to anything else contained in these Terms and Conditions and without limitation, you must not:

engage in, facilitate or further unlawful conduct in relation to use of or access to this website;
use this website in a way that harms us or our advertisers, affiliates, resellers, distributors or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors or vendors;
use any portion of this website as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
use any automated process or service to access and/or use this website (such as a BOT, a spider, periodic caching of information stored by us, or "meta-searching");
use any unauthorised means to modify or reroute, or attempt to modify or reroute, this website;
damage, disable, overburden, or impair this website (or any networks connected to this website) or interfere with anyone's use and enjoyment of this website; or
resell or redistribute the whole or any part of this website.

13 General legal matters

Definitions

In these Terms and Conditions, unless the contrary intention appears:

words importing the singular include the plural and vice versa;
references to the words include and including must not be interpreted as being limiting;
references to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; and
headings will be ignored in construing these Terms and Conditions.

Assignment and novation

You must not assign or novate your rights or obligations under these Terms and Conditions without our prior consent. We may assign and novate our rights and obligations under these Terms and Conditions to any person without your consent.

Liability and indemnity

Except as provided in these Terms and Conditions and to the extent permitted by law, we are not responsible for any direct, special, incidental or consequential loss, damage, claim or other liability arising from (without limitation):

breach of any warranty or other provision of these Terms and Conditions (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions); or
any failure or technical issues that limits or prohibits access to or use of this website.

You indemnify us for and against any liability, loss, damage or claim which we may suffer or incur as a result of any breach by you of these Terms and Conditions of Use and any negligent or tortious act or wrongdoing by you in accessing or using this website.

Governing law

These Terms and Conditions are governed by the laws in force in the State of Victoria and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria (including the Federal Court of Australia).

Inability to carry out obligations

If we are unable to perform any or all of our obligations under these Terms and Conditions by reason of an event which is not reasonably within our control including omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

Our employees and agents

None of our employees or agents have the authority to vary any of these Terms and Conditions.

Severability

The provisions of these Terms and Conditions will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of these Terms and Conditions.

Transaction by minors

If we suffer any damage or loss as a result of a person who is under 18 years old entering into (or purporting to enter into) a transaction via this website, we reserve the right to seek compensation from any parent/guardian of that person.

Waiver

Any delay or failure by us to enforce any rights under these Terms and Conditions does not constitute waiver.