Terms & Conditions

Website terms and conditions: goods to consumers, payment online

These terms and conditions regulate the business relationship between you and us. By using Our Website or buying from us, you agree to be bound by them.

No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.

We are: Merik Distribution

Our address is: 12 Denton Street, Wishart, 4122, Qld Australia

You are a visitor to our website / our customer

The terms and conditions:

Definitions

  1. "Carrier" means any person or business contracted to carry Goods from us to you, whether all or part of the distance.
  2. "Consumer" means any person or enterprise who is taken to have acquired goods or services from Merik Distribution.
  3. "Our Website" means the entire computing hardware and software installation that is or supports Our Website.
  4. "Goods" means any of the Goods we offer for sale on Our Website.
  5. "Content" means any material in any form published on our website by us or any third party with our consent.
  6. "Material" means Content of any sort posted by you on Our Website.

Our contract with you

These terms and conditions apply:

  1. So far as the context allows, you, as a visitor to Our Website; and
  2. In any event to you as a buyer or prospective buyer of our Goods.
  3. We shall accept your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
  4. We may change these terms from time to time. The terms that apply to you are posted here on Our Website when you order Goods.
  5. Unfortunately, we cannot guarantee that the Goods advertised on Our Website are available.
  6. We will offer you alternatives if we do not have all the Goods you order in stock. If this happens, you may 1) accept the alternatives we offer or 2) cancel all or part of your order.
  7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
  8. Suppose we owe you money on account of your cancellation. In that case, we will credit your credit or debit card as soon as reasonably practicable, but in any event, no later than [30] days from the date of cancellation of your order.
Your account with us
  1. You agree that you have provided and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods.
  2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and preventing any unauthorised person from using your computer.
  3. You agree to accept responsibility for all activities under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority and log in to your account and change your password.
  4. We reserve the right to refuse you access to Our Website.

Price and Payment

  1. We are an Australian retailer/distributor and deal in AUD. All price listings are in Australian Dollars.
  2. We endeavour to keep our website and catalogue prices updated and accurate, but the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
  3. We will bear banking charges by the receiving bank on payments to us. All other charges relating to payment in a currency other than Australian Dollars will be paid by you.
  4. Any information about exchange rates is approximate only and may vary from time to time.
  5. Prices include Australian goods and service tax. If you show by your delivery address that you reside outside of Australia, we will refund you the amount charged as GST.

Payment Terms

These apply to goods supplied and services rendered by The Merik Distribution from time to time.

  1. Payment shall be on a C.O.D. basis unless the supplier has agreed to give credit to the customer.
  2. The supplier is not obliged to give credit to the customer and if credit is given then the supplier may at any time without assigning any reason discontinue the customer’s credit or refuse to extend further credit.
  3. If credit is given, unless otherwise specified, payment will be made within 30 days from the Invoice Date for the goods supplied or services rendered, irrespective of the date of any statement.
  4. If monies are not paid by the due date then without prejudice to any other rights of the supplier the purchaser shall pay interest at the rate of two percent (2%) per calendar month calculated from the due date until the date of actual payment.
  5. Any written order for goods or services accepted by the supplier may only be varied or cancelled in writing and with the consent of the supplier reserves the right to charge the customer for any expenses it has incurred and a re-stocking fee of 30%.
  6. The supplier reserves the right not to accept the return of any goods (unless they are faulty or not in accordance with the customer’s order) and if the supplier does accept any return then it reserves the right to charge a re-stocking fee of 30%.
  7. The customer is responsible for ensuring that the goods ordered are suitable for the customer’s purpose and can be interfaced with the customer’s existing equipment (if any) and the supplier shall not be responsible for any costs of connection or interfacing unless this is specifically provided for in the order and the customer’s existing equipment is accurately detailed.
  8. Any of the customer’s goods held by the supplier for inspection, custody, storage, repair or any other reason may be subject to the provisions of the Disposal of Uncollected Goods Act of 1967 if not collected and paid for within six months of their being ready for delivery.
  9. Ownership of the goods will remain with the supplier until payment has been received or until the customer sells the goods by way of bona fide sale all full market value and the customer shall; a. Keep the goods in good order and condition and fully insured against loss or damage by fire, theft, accident or other such risks. b. Permit the supplier at any time to enter upon any premises owned or occupied by the customer for the purposes of re-taking possession of the goods and for that purpose to break any door, lock or window.
  10. The customer acknowledges that unless expressly agreed to the contrary the supplier is a supplier of goods only and not a contractor or sub-contractor.
  11. Unless specified by the purchaser deliveries will be made by a carrier nominated by the supplier provided however the supplier shall not be liable for any delay, negligence or other act or omission of the carrier.
  12. Terms – C.O.D.

Delivery

  1. Where items are 'in stock', orders are despatched from our warehouse within 24 hours of receipt of your order (excluding weekends); When an item is 'available to purchase' and not in stock, the item is ordered within 24 hours of receipt of your order, and delivery of the item can vary depending on manufacturer availability. We will maintain regular contact with you to confirm availability and the expected delivery schedule.
  2. Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery. 
  3. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
  4. Goods are sent by post or a general freight carrier. We will send you an email to tell you when we have dispatched your order.

Cancellation of an order

  1. You may cancel your order any time before we have despatched your goods or up to 7 business days from the date you receive your order.
  2. If you cancel your order before despatch, we will refund you the total price of the order, including shipping costs, within two business days of cancellation. Refunds will be processed using the same payment method as your original order unless otherwise agreed.
  3. If you cancel after we have despatched the goods, the refund amount will be for the price of the goods only.
  4. If you cancel your order after we have despatched the goods, you must return them to us within seven days of receipt.
  5. Goods must be returned in original condition.
  6. You are responsible for the cost of returning the goods.
  7. Refunds for returned goods will be processed within two business days of receipt back into Merik Distribution.
  8. Please note that these terms and conditions do not affect your rights if the goods are faulty.

Warranty Protocol

  1. The standard warranty protocol for any product purchased from Merik Distribution is as follows:
  2. Merik Distribution reserves the right to test and confirm the reported fault before issuing a refund or replacement.
  3. An authorised repair agent will determine the extent of the fault.
  4. Please contact us for assistance with any warranty claim if a fault occurs outside the manufacturer warranty period.
  5. If you have any questions about the coverage of your item, or if you experience a fault, please contact Merik Distribution at info@merikdistribution.com.au.

Your email address

  1. You represent that any username or email address selected by you, when used alone or combined with a second or third-level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
  2. You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address. You will indemnify us for any claim or demand arising from your selection.
  3. You acknowledge and agree that we shall not be liable to you if we are ordered or required by a court or judicial authority to desist from using or permitting a particular domain name as part of a name or email address.

Your Material

  1. If you post any Material on Our Website, you warrant that you own the copyright in it and accept all risk and responsibility for it. You grant us the right to edit, copy, publish, distribute, translate, and otherwise use it in any medium and for any purpose.
  2. You agree that if you post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free right in perpetuity to use that material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your material.
  3. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
  4. You represent and warrant that you own the rights to all the material you post, and any fact stated in your material is accurate.

Foreign taxes, duties and import restrictions

  1. If you are not in Australia, we do not know and have no responsibility for the laws in your country.
  2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Content and Intellectual Property Rights

  1. We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in the text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
  2. We also claim copyright in the designs and compilation of all Content on Our Website. Title, ownership rights, and shall remain the sole property of the other content provider and us. We will vigorously protect those rights in all countries.
  3. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
  4. You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
  5. Subject to the other terms, you may download or copy Content only for your personal use, provided that you maintain all copyright and other notices. You may not store electronically any significant portion of any Content.

System Security

  1. We will do our best to maintain Our Website so that you have constant use, but there will be times when your service may be interrupted.
  2. You agree that you will not and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
  3. You may not use any software tool to extract data from our website.
  4. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

Acceptable use Policy

  1. As a condition of your use of Our Website, you agree to comply with these provisions:
  2. You will not use or allow anyone else to use the Web Site to post or otherwise publish

(a) copyright works;

(b) commercial audio, video or music files;

(c) any Material which violates the law of any established jurisdiction;

(d) unlicensed software;

(e) the software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;

(f) links to any of the material specified in this paragraph;