Last Updated: 13 June 2024

1. These terms and conditions (“Terms”), which incorporate our Privacy Policy and any other document referred to within these Terms apply to the sale and supply of goods and services by Barrier Group Pty Ltd (“Barrier Group”, “our” or “us”) to you and also govern your access or use of barriergroup.com.au (“Website”).

2. By purchasing goods or services from Barrier Group or accessing the Website, you agree to be bound by the Terms set out here. All previous negotiations, representations, arrangements, and statements (if any), between you and us, whether express or implied, are excluded and cancelled. If you do not agree to these Terms, please do not purchase from Barrier Group and immediately cease using this Website.

3. We reserve the right at any time, at our sole discretion, to replace or amend the Terms without prior notice by posting the revised Terms on this Website. Your continued access to or use of this Website or subsequent orders from us on and from that time signifies your acceptance of the replacement or amended Terms in relation to any services provided after that time. In relation to any services provided before that time, the Terms as in effect at the time the services were provided will continue to apply.

ACCESS & USE OF THE WEBSITE

4. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

5. Barrier Group gives no authority (whether implied or expressed) to link to or frame any of the content which appears on this Website or to use a representation of the company's trademarks as a link button without the express agreement of Barrier Group.

6. This website is provided “as is” without any representations or warranties, express or implied. Barrier Group makes no representations or warranties in relation to this website or the information and materials provided on this website. Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or applicable standards, you should consult an appropriate professional.

7. We reserve the right to change this Website, including price details at any time without notice.

QUOTES & ORDERS

8. The information contained on this Website, any marketing or sales materials, or provided to you by our sales or customer service representatives (for example, by way of written quotation) constitute an invitation to treat and is not capable of acceptance by you. Any order made or placed by you via this Website, email, in-person or telephone with us shall be deemed to be an offer made by you to purchase the relevant products or services subject to these Terms.

9. The price of goods, services and delivery and other charges shown are in Australian dollars. Payments must be received in full prior to dispatch of goods unless alternative arrangements are made at our discretion. Payment must be made against each part or portion of any order as delivered and we reserve the right to invoice for part delivery of any order.

10. Barrier Group accepts a variety of payment options, including credit/debit card (Visa, Mastercard and American Express), EFTPOS card, and EFT bank transfer. We reserve the right to decline credit card payments (and/or request an alternative method of payment) at our discretion. If the card payment is declined by your issuer due to lack of funds available or for any other reason, we cannot hold goods for you.

11. Payments made by EFTPOS card and EFT bank transfer into our Australian bank account will not be processed unless the bank transfer reference includes your order reference number and is fully cleared to our account. Balance of account payments made via credit card may be subject to a merchant processing fee.

12. We endeavour to depict goods available for order using accurate images of the goods on sales and marketing materials. At times, however, goods delivered may to a small extent differ in appearance, size and packaging from their appearance in images, photographs and descriptions on this Website or any other marketing materials. If the good depicted has been replaced by a substitute, you will be informed before payment and offered the chance to cancel the order.

STANDARDS COMPLIANCE

13. Barrier Group’s products may be designed to comply with various relevant Australian Standards. However, we disclaim any responsibility or liability for non-Australian Standards compliance arising from the incorrect installation, misuse, or failure to follow the provided installation guidelines. Proper installation in accordance with the provided instructions is essential to ensure compliance and safety.

RETENTION OF TITLE AND RISK

14. Title and ownership of goods delivered will only transfer to you when you have paid in full all amounts owing by you to us.

15. Until such time as title and ownership in the goods passes to you, you shall hold the goods as bailee for us, and shall when requested by us hold any proceeds from the sale or disposal of property to which the goods are attached up to the amount owed to us in a separate account for which separate records are kept.

16. If the goods are attached or fixed by you to any property of yours, by way of any manufacturing or assembly process, title of the goods shall remain with us until you have made payment for all goods. Where goods are attached or fixed to property so as to be part of or constituent of any new goods, title to those goods shall be deemed to be assigned to us as security for the full satisfaction by you for the full amount owing by you to us.

17. In the event of non-payment or if payment of your account is overdue, we shall be entitled without prejudice to any other right we have at law or in equity to enter the place where the goods are stored for the purpose of recovering and taking possession of the goods supplied including removal of the goods from any property to which they have been attached or fixed.

18. Risk in the goods passes to you immediately upon the first to occur of:

• delivery to you;
• the goods being in your custody; or
• the goods being within your direction or control including the goods being in transit to you.

PRODUCT AVAILABILITY & DELIVERY

19. All items displayed on this Website or sales and marketing materials, and supplied by Barrier Group are subject to availability. We endeavour, but do no guarantee, to dispatch goods within two business days of your order being accepted and payment being received. If any product is out of stock or backordered we will notify you after your order has been accepted with the option to cancel where the estimate backorder fulfillment date is more than ten days from the date of acceptance, or otherwise to keep you fully informed of the estimated delivery date.

20. You acknowledge and understand that we do not guarantee you any delivery time. By way of guidance and information only, delivery times from the date of dispatch are generally approximately as follows:

• 1 business day for deliveries to Melbourne and metro VIC;
• 3-5 business days for deliveries to NSW, ACT, SA, QLD and regional VIC;
• 5-7 business days for delivery to TAS and metro WA; and
• 7-10 business days for delivery to metro NT.

WARRANTY & PRODUCT REPAIR/REPLACEMENT

21. Our warranty terms are available at the following link and incorporated into these Terms: https://www.barsec.com.au/warranty.html

CHANGE OF MIND RETURNS

22. We urge our customers to contact our helpful sales and customer service representatives prior to purchase to ensure the goods purchased are appropriate for your use. To ensure your satisfaction, we offer a 10 business day return and refund period on goods (excluding custom or special order goods), subject to the following conditions:

• you must notify us within 10 business days of delivery of the goods;
• goods must be returned in original packaging and in a saleable condition as judged by us;
• you are responsible to arrange return of the goods via registered post, freight carrier or by courier to guarantee receipt of the returned goods by us; and
• we reserve the right to charge a $100.00 handling and re-stocking fee plus the actual cost of original shipment of the goods to you.

23. Our change of mind returns terms do not exclude or replace any rights you may have under the Australian Consumer Law, regulations or otherwise as required by law.

CONTACT INFORMATION

24. Where you provide your email address to Barrier Group, you understand and agree to receive email communications from Barrier Group from time to time in accordance with our Privacy Policy. These may include transactional records and electronic marketing newsletters. In the case of electronic marketing correspondence, you can choose to unsubscribe from this service at any time by clicking the unsubscribe link in the email. Barrier Group will not refer, sell, or otherwise provide your contact details to any other party except where requested by you or required to perform our services or provide our products to you (including the delivery of marketing email communications).

GENERAL

25. If any part of these Terms are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

26. We will not be liable for any delay in performing any of our obligations under these Terms if such delay is caused by circumstances beyond our reasonable control.

27. These Terms will be governed by and interpreted in accordance with the laws of Victoria. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.

28. The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) (“Vienna Sales Convention”) does not apply to goods supplied under these terms and conditions, nor do any terms or conditions express or implied by the Vienna Sales Convention form part of this agreement.