Weber-Stephen Products Co. (“Weber”) maintains this site (the “Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain the copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio and video, without Weber’s written permission.
Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions, and acknowledge that any other agreements between you and Weber are superseded and of no force or effect. You can access this legal page (legal.htm) by clicking on the “legal information” link anywhere in the Site.
Terms and Conditions
Conditions of Use:
1. Copyright You should assume that everything you see or read on the Site is the subject of copyright, unless otherwise noted and may not be used except as provided in these terms and conditions or in the text on the Site without the written permission of Weber. Weber neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Weber.
2. Accuracy While Weber uses reasonable efforts to include accurate and up-to-date information on the Site, Weber makes no warranties or representations as to its accuracy. Weber assumes no liability or responsibility for any errors or omissions in the content on the Site. Changes may be periodically made to these web pages and these changes may be incorporated without notice.
3. Disclaimer and Liability Your use and browsing of the Site is at your risk. Neither Weber nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, the material on this site is provided to you on an “as is” basis, and Weber disclaims all warranties and conditions, express or implied, to the fullest extent to which these warranties and conditions can be excluded under the Trade Practices Act 1974 or any other applicable law. If any condition or warranty is implied into these Terms and Conditions under any applicable law, and cannot be excluded, Weber’s liability for breach of the condition or warranty will be limited to one or more of the following as determined by Weber in its absolute discretion: in the case of goods, the replacement or repair of the goods or payment of the cost of the replacement or repair of the goods; or in the case of service, the resupply or payment of the cost of resupplying the services. Weber also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or any other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. Comments, communications and other content You warrant that any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is non-confidential and non-proprietary, and otherwise does not breach any law. You will indemnify Weber and keep Weber indemnified from and against all claims, losses, damages, injury and expenses (including legal expenses) which Weber may suffer or incur or have made against it arising out of or in respect of a legal breach of this warranty. Anything you transmit or post may be used, without compensation to you, by Weber or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Weber is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
5. Images Images of people or places displayed on the Site are either the property of, or used with permission by, Weber. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright, trademark, privacy and communications laws.
6. Trade Marks The trade marks and logos (collectively the “Trade Marks”) displayed on the site, including those listed below, are registered and unregistered trade marks of Weber and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trade Mark displayed on the Site without the written permission of Weber or such third party that may own the Trade Marks displayed on the Site. Your misuse of the Trade Marks displayed on the Site, or any other content on the site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Weber will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Other Sites Weber has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Content Liability Although Weber may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Weber is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Weber may at any time either amend or remove any posting by you onto the Site. Weber will fully cooperate with any law enforcement authorities or court order requesting or directing Weber to disclose the identity of anyone posting any such information or materials.
9. Revision Terms and Conditions Weber may at any time revise these Terms and Conditions by updating this posting. Your continued use of this Site after a revised set of Terms and Conditions has been posted will constitute acceptance of the revision and the revised Terms and Conditions will govern your access to and use of the Site. You should therefore periodically visit this page to review the then current Terms and Conditions.
Conditions of Sale:
10. Our Contract When you place an order to purchase the product(s) from us, we will send you a message confirming receipt of your order and containing the details of your order. The order confirmation is an acknowledgement that we have received your order and does not confirm our acceptance of your offer to buy the product(s) ordered. We only accept your offer and conclude the contract of sale to buy the product(s), when we dispatch the product(s) to you and send an email/message. If your order is dispatched in more than one package, you will receive a separate dispatch conformation for each package. Your contract for sale is with Weber Stephen Products Co. (Australia) Pty Ltd., 142 Fullarton Road, Rose Park, SA 5067.
11. Cancellation of an order You can cancel an order for a product at no cost any time before we send the shipment confirmation relating to that product. If you wish to cancel an order outside of business hours email firstname.lastname@example.org, during business hours you can contact us by phone 1300 301 290 or by email email@example.com.
12. Returns Policy You can return most new, unopened items sold and fulfilled by Weber within 14 days of receipt of delivery for a full refund of the product cost of the item. If a product is faulty or is damaged when you receive the product or you return the product as above contact outside business hours by email firstname.lastname@example.org or during business hours by phone 1300 301 290 or email email@example.com.
13. Statutory Rights and Remedies Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
14. Pricing and Availability All prices are inclusive of GST. We do not list availability information for products sold by us on the website including on each product information page. Where the products are not available the following wording will show "Not Available". If the products ordered are low the following message will appear "Limited stock available, please contact Weber customer care during business hours on 1300301290 or email firstname.lastname@example.org" to validate your order.
15. Delivery Times Unless otherwise stated on the website, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where estimated delivery times apply, you are still entitled to have the products sent to you within a reasonable time.
16. Disclaimer and Liability Unless otherwise stated in writing, Weber will not be responsible for (1) any loss caused by the unavailability of any product, (2) losses that were not caused by any breach on our part, (3) any business loss , loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure, (4) any indirect or consequential losses, or (5) any delay or failure to comply with our obligations under these conditions If the delay or failure arises from any clause which is beyond our reasonable control. Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-executable right or remedy.
17. Amendments We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our listings at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products from us.
18. Our Contact Details Our contact details are: Weber Stephen Product Co. (Australia) Pty Ltd 142 Fullarton Road, Rose Park, SA Australia 5067 All enquiries - (08) 84259400 Email - email@example.com