TERMS AND CONDITIONS
Welcome to https://4eco.com.au, a website operated by 4 Element Control Oz. These are the terms and conditions that guide and administer your use of our website. You hereby agree to comply with these terms and conditions and all other notices and policies that apply to this website anytime you browse, shop on, or use this website in any way. Do not use this website if you disagree with any provision of the following terms.
This agreement shall apply to all users of the website, whether visitors, customers, merchants, and/ or contributors of content.
We may alter, amend, or change these terms at any time without prior notice to users, at our sole discretion. Your use of this website after an updated version of this agreement isuploadedindicates your acceptance of the new terms and conditions.
USE OF OUR WEBSITE
We are a Brisbane based company that specializes in the wholesale and retail of plantation shutters and awnings for internal and external use. Our website (https://4eco.com.au) is dedicated to the sales of our products and the offering of information about our business and our products.
To be eligible to use our website, you must be able to form legally binding contracts and be at least 18 years of age (or the age of majority in your country or state of residence).
We grant users a limited, rescindable, non-assignable, non-exclusive, and non-sublicensable license to use this website in compliance with these terms. We however reserve the right to refuse service to any user at any time and for any reason, at our sole discretion.
The copyright in all material found on this website is held by 4ECO (which means 4 Element Control Oz). Users are permitted to copy and download the materials on our website for both personal and commercial use, provided that such materials are not altered or modified, and such users must retain all copyright and proprietary notices within the materials. This permission automatically ends if you violate any of these terms or conditions.
You may not disperse, replicate, display, republish, dispatch or transmit any of our content in any formorby any means, including but not constrained to recording, electronic, automation, photocopying, or in any other way without the written permission of 4 ECO.
You are expressly prohibited from transmitting or attempting to transmit any worms, viruses or codes of a destructive nature through our network. You may not use our products for any illegal or unauthorized purpose; and may under noevent violate any laws in your jurisdiction in the course of your use of this website.
You understand that your content may be transferred unencrypted over various networks. We may also change such content to conform to the technical necessities of connecting devices or networks.
We will immediately terminate your access to our website if you are found to be in breach or violation of any of these terms.
All materials (including but not restricted to data, information, articles, representation, photos, descriptions, reports,and any software programs) displayed on this website are copyrighted and trademarked. They are protected by intellectual property laws, except where we explicitly indicate so to the contrary. You agree that all titles, rights and interests relating to this website contents are owned, controlled by or licensed to 4 ECO.
It is our policy to regard and treat any communication or content transmitted by users to the website, including but not constrained to any information, questions, comments, and suggestions, as non-proprietary and non-confidential. You thereby grant 4 ECO the right to make use of anything transmitted or posted by you for any purpose, including but not limited to reproduction, disclosure, broadcast, transmission, and publication.
While any user content provided by you remains your property, you grant 4 ECO an international, continuous, irrevocable, transferrable, royalty-free license, with the rights to sub-license, duplicate, modify, make derivative works of, publicly perform, distribute, openly show, and to otherwise use such user generated content in any way or form without supplementary notice to you, without the requirement of permission from you, and without the anticipation of compensationby you.
We may, even though we are not obligated to, screen, remove or edit content that we inour sole discretion decideto be unlawful, debilitating, hostile, offensive, slanderous, vulgar, explicit, pornographic or otherwise disagreeable or that violates these terms and conditionsorthird parties’ intellectual property.
You may not use a fraudulent e-mail address, misrepresent yourself as somebody you are not, or otherwise misinform us or other third-parties regarding the origin of any comments uploaded by you. You understand that you bear sole responsibility for the content and accuracy of any comments you make, and we shall no liability for any comments posted by you or a third-party.
To ensure that we remain a user friendly website, we ask all users to behave in a civil manner when using on our website. These are our rules of conduct which you must abide by:
You may not download or modify our website, or any part of it, except with the express written consent of 4 ECO.
You are prohibited from reproducing, duplicating, copying, selling, or otherwise exploiting this website for any money-making purpose without our prior written consent.
The limited sub-license granted to you does not allow for the commercial use or resale of our website or its contents; and any unauthorized collection and/or use of any product listings, descriptions, or prices.
You may not download or copy account information for the use of another website/merchant; or apply data extraction tools to this website.
You may not communicate material that encourages criminal conduct or results in civil liability.
Do not attempt to gain unauthorized access to other computer systems; and/or interfere or disrupt networks or websites connected to the website.
You may not make, transmit or store electronic copies of materials protected by copyright without the permission of the owner;
As a user, you may use framing techniques to enclose any trademark, logo, copyright, or other proprietary information of the website without our written consent.
You must not inhibit any other person’s use of the website; and/or disseminate any unlawful, libelous, harassing, obscene, abusive, harmful, threatening, vulgar, or otherwise objectionable material.
If we find you to be in breach of any of these rules, we will automatically terminate the permission or license granted you by 4 ECO to use this website.
Except 4 ECO specifically states so, all products listed on this website are priced in Australian dollars. You agree that prices for our products may change without notice, and we will not be liable to you or to any third-party for any price change.
You can make payment on our website through your credit or debit cards, which are processed online after your order session. We also accept direct credits, cash and cheques from local businesses and customers.
While we have tried to display the colors of the products appearing on thewebsite as accurately as possible, you must understand there may be a difference in the colors you see on your monitor/device and the color of actual products, depending on your monitor’s ability to accurately communicate color. 4 Eco will not be held liable for differences between monitor color and actual color of product.
You may cancel your order within (2) days of ordering them, provided that manufacture has not started or we have not shipped such orders. If you so cancel an order, we will refund any payments already made by you less a 20% administration fee calculated on total job cost, plus any expenses incurred or materials cut/manufactured.
We may cancel an order made by you if we suspect any deceitful transaction by you; if the ordered item is out of stock; or if it becomes unavailable for any other reason.
We will always inform you when we cancel an order through an email. We do not charge for orders canceled by us, and will re-issue a credit in the amount of the charge if our order is cancelled after you have successfully made payment.
4 ECO delivers WHOLESALE ordered products within (5-15) business days after deposits are made.
4 ECO delivers RETAIL ordered products within (15-25) business days after deposits are made.
To facilitate easy delivery, you guarantee that the address at which delivery of the product ordered by you is to be made correct and clear.
RETURN AND REFUNDS
After orders are completed and delivered, we do not accept returns and do not make refunds.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide complete, current, and correct account and purchase information for all purchases you make from us. You must also promptly update your account information, counting email address and credit card numbers and expiration dates when such information changes, so that we can contact you and complete your transactions as needed.
We may provide links to third party websites and resources for your convenience. Do not take the inclusion of such links as our commendation of the content, products and/or services, procedures, of such third party websites and resources. You bear the risks for your access and use of such third party websites.
DISCLAIMERS/LIMITATION OF LIABILITY
4 ECO PROVIDES THIS WEBSITE ON AN “AS IS” BASIS ONLY, AND THEREFORE MAKES NO REPRESENTATIONS OR GIVE ANY ASSURANCES THAT IT WILL GRATIFY YOUR EXPECTATIONS OR MEET YOUR REQUIREMENTS.
WE PROVIDE ALL MATERIALS ON THIS WEBSITE FOR INFORMATION PURPOSES ONLY AND WILL BEAR NO RESPONSIBILITY IF INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE IS INACCURATE, INCOMPLETE OR OUT OF DATE. THEREFORE, SUCH INFORMATION SHOULD NOT BE USED AS THE SOLE BASIS FOR TAKING ACTIONS OR INACTIONS.
THERE MIGHT OCCASIONALLY BE INFORMATION OR DATA ON OUR WEBSITE CONTAINING TYPOGRAPHICAL ERRORS, MISTAKES OR EXCLUSIONS RELATING TO PRODUCT DESCRIPTIONS, PRICING, OFFERS, PROMOTIONS, PRODUCT SHIPPING CHARGES, AVAILABILITY AS WELL AS TRANSIT TIMES. WE RESERVE THE RIGHT TO AMEND ANY OF SUCH ERRORS OR EXCLUSIONS, TO CHANGE OR UPDATE INFORMATION, OR TO AT ANY TIME CANCEL ORDERS IF ANY INFORMATION ON THE WEBSITE IS INACCURATE WITHOUT PRIOR NOTICE TO YOU (EVEN AFTER YOU HAVE SUBMITTED YOUR ORDER).
WE DO NOT GUARANTEE THAT WE WILL REFRESH, CLARIFY OR REVISE INFORMATION ON OUR WEBSITE, INCLUDING PRICING INFORMATION, EXCEPT AS REQUIRED BY LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, DIRECT OR INDIRECT, REGARDING THE OPERATION OF OUR WEBSITE OR ITS CONTENT, INFORMATION, OR MATERIALS.
WE DISCLAIM ALL WARRANTIES, WHETHER DIRECT OR IMPLIED (INCLUDING, BUT NOT RESTRICTED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. 4 ECO SHALL BEAR NO LIABILITY FOR ANY LOSS, HURT OR DAMAGE IN CONNECTION WITH ANY USER’S USE OF THIS SITE OR AS IT RELATED TO THE USE OF ANY PRODUCTS PROCURED THROUGH THE WEBSITE.
WE WILL NOT HAVE ANY LIABILITY TO USERS OR THIRD PARTIES FOR ANY CONDITION BROUGHT ABOUT BY EVENTS BEYOND 4 ECO’S CONTROL.
NOTHING INCLUDED IN THESE TERMS IS INTENDED TO LIMIT OR EXCLUDE ANY LEGAL RESPONSIBILITY FOR DEATH OR INJURY ARISING FROM OUR CARELESSNESS, DECEPTION, OR OTHER LIABILITIES NOT RESTRICTED OR EXEMPTED BY LAW, OR AIMED AT AFFECTING YOUR STATUTORY RIGHTS AS A CONSUMER.
IF CERTAIN APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY SO SET FORTH ABOVE, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU.
THIS AGREEMENT REPRESENTS THE COMPLETE AGREEMENT BETWEEN 4 ECO AND YOU. IF ANY TERM OF THIS AGREEMENT IS HELD BY ANY CAPABLE AUSTRALIAN COURT OR AUTHORITY TO BE INVALID IN PART OR IN FULL, THE VALIDITY OF THE OTHER TERMS OF THIS AGREEMENT SHALL BE UNCHANGED AND SHALL REMAIN EFFECTIVE.
You must shield, indemnify and hold 4 ECO innocent against and free against any and all claims, expenses and fees, and damages in connection to your use of the website.
GOVERNING LAW AND JURISDICTION
This user agreement is construed in accordance with the applicable laws of Australia. Its courts shall have exclusive jurisdiction in any proceedings arising out of this agreement.
You understand and agree that we may stop providing all or part of 4 ECO to you if we find you in breach of any terms of this agreement, or if you create possible legal exposure or risk for 4 ECO.
COLLECTION OF INFORMATION
Below are the different kinds of information we collect from and about you:
Voluntarily provided information: When you use our website, we may ask you for and then save your personal information such as full name, e-mail address, phone number, contact address, age, and payment information. If you are making orders as a representative of a company, we may collect and store additional information such as contact person, company address and e mail.
Standard automatically-collected information: These are data automatically collected about your IP address, transaction, location, operating system, clickstream data, call and SMS data, usage and preference, device information, server log contacts and information and stored in log files by our web server.
USE OF INFORMATION
Below are the ways in which we may use information collected from you:
• To identify you and any user accounts you hold with us;
• To facilitate the delivery of the products ordered;
• To notify you about changes to our website and services where you have consented to be so informed by email;
• To enable us to appraise, and improve our website and its services;
• To inform you about services which we feel may be of any interest you where you have consented to be contacted for such purposes;
• for record keeping, bookkeeping and market survey purposes;
• To respond to any questions, complaints or requests you may have;
• To customize your experience on the website;
• To troubleshoot problems and resolve disputes;
• To discover and defend ourselves against error, fraud and other nefarious activities;
• To comply with a legal summons/subpoena, or any similar legal process.
Barring the foregoing, we will under no event knowingly sell, transfer or share any of your information with a third party.
We will never deliberately collect private information from minors under the age of 18, except as permitted by law or with parental consent. This is because our website is directed at an adult audience only.
OUR COOKIES POLICY
We make use of the cookies technology to manage the site, investigate trends, observe users’ activities around the website, and to gather broad demographic data about the totality of our user base. You may choose to disable cookies and yet continue to use our site. However, your ability to use some features of our website may be limited in such a case.
SECURITY OF INFORMATION
At 4 ECO, we take the security of client information very seriously. Thus, all user information in our database is encrypted, and we use a first rate security system to protect your information from unauthorized persons. We however, take no responsibility for any unauthorized access or loss of personal information that goes beyond our control, as there is no full security guarantee for data transmissions over the Internet.
4 Element Control Oz “4 ECO” warrants that its plantation shutters and components listed below will be free from defects in materials
and workmanship for the stated periods from the date of purchase.
Warranty is subject to the following
provisions, provided they were purchased after 1st July 2017 and were:
1. Supplied by 4 ECO.
2. Manufactured by 4 ECO.
3. Sold by an accredited 4 ECO reseller.
4. Professionally installed by an accredited 4 ECO Installer and according to 4 ECO installation standard procedures.
5. The entire system supplied to the consumer is a 4 ECO system and not parts thereof.
This warranty is limited to the repair or replacement of the defective materials and components. Repairs will be made with like or similar parts. 4 ECO reserves the right to discharge its obligations under this warranty by refunding the original purchase price of the defective materials or components. 4 ECO reserve the right to separate the warranty, into the following five (5) categories:
1. 4 ECO aluminium shutters will be free from structural defects for 12 years.
2. Hardware Component Systems 7 Years. 4 ECO aluminium shutters will be made up of a number of hardware components, known as a
system. 4 ECO reserves the right to refuse any warranty if parts of the system are not made up of genuine 4 ECO components.
4 ECO will warrant any aluminium shutter which is manufactured or supplied by 4 ECO for the stated warranty period. 3. Powder coat finishes will have coverage for 7 years as per the industry standard.
4. Poly shutters will be free from structural defects for 20 years.
4 ECO will warrant any poly shutter which is supplied by 4 ECO for the stated warranty period.
5. Paint finishes on poly shutters will have a 10 year coverage.