Terms and Conditions

Website Terms of Use

1. These terms of use regulate your use of this website (https://www.amstarpacific.com.au) and the supply of goods and services to you, pursuant to orders you make on the website. In this document, when we say “we”, “our” or “us”, we are referring to Amstar Pacific (ABN: 79188286208 and when we say “you” or “yours” we mean visitors to this website.

2. These terms may change over time. They were last updated on 14 December 2021. Please check regularly to familiarise yourself with the current terms. By visiting this website, you are taken to have accepted these terms. If you do not accept these terms, you must not use this website.

3. Cookies

We use cookies to help identify and track visitors, their usage of the website, and website access preferences (you can read more about how we collect and use information in the Privacy Policy). If you prefer not to have cookies placed on your computers, you can constrain this by setting your browser preferences to refuse cookies. If you do that before you use the website, then this set of information will not be used by us. You can also remove cookies after you engage at which point they will no longer be used by us. Some features and functions available on the website are delivered with the use of cookies, so may not be available to you if cookies are not enabled.

4. Permission to use the website

You are permitted to use this website, for legal purposes only. You must not misuse this website. You must not:

4.1. commit or encourage someone else to commit a criminal offence;

4.2. transmit or distribute a virus, trojan, worm, or any other material which is malicious, or harmful, in breach of confidence or in any way offensive or obscene;

4.3. hack into or attempt to breach any aspect of the website;

4.4. use or attempt to use any other person’s account;

4.5. add a payment method to your account unless you are legally entitled to use that account;

4.6. corrupt data;

4.7. cause annoyance to other users;

4.8. infringe upon the rights of any other person's proprietary rights;

4.9. send any unsolicited advertising or promotional material;

4.10. attempt to reverse engineer, copy or infringe on our intellectual property rights (including copyright) in the content on the website or the technology used to make it available to you; or

4.11. attempt to affect the performance or functionality of any computer facilities of or accessed through the website.

5. A breach or violation of any of these terms may result in an immediate termination of your use of the website and we may also instigate enforcement action or investigation without further notice to you.

6. We reserve the right to refuse access to the website to any person, for any reason. We don’t offer any assurances to you as to the maintenance of your access to the website. You may experience a disruption of service if there are issues with technology or for any other reason. We disclaim any liability for loss arising out of access to the website being refused, either by us or by a disruption attributable to the technology we use, to the maximum extent permitted by law.

7. Maintaining your account

To use the retail features of the website, you will need to create and maintain a customer account on the website. To make a customer account, you must use your real identity, you must be at least 18 years old and you must have legal capacity to contract with us. If you create an account, you are representing that you satisfy these conditions. If you do not satisfy these conditions, you must not create an account.

8. You are responsible for activity on your account. In particular, you are responsible for orders placed on your account.

9. We share responsibility for the security of your account with you. For your part, you must keep your password a secret. You must not disclose it to anyone. If you become aware of a breach of the security of your account, you must notify us at sales@amstarpacific.com.au.

10. Your use of the website

When you use the website you are solely responsible for the consequences of your decision to share information with us. By using the website, you are permitting us to use your content without attribution, payment or any other commitment to you and you are representing that you are not violating or infringing anyone else’s rights in doing so. You must not rely on us for the accuracy, completeness, validity for fitness for purpose of the content on the website.

11. You are welcome to embed links to our website in your website, however you may not suggest a relationship between parties without our permission.

12. Your use of the website does not confer any rights, title or interest in the intellectual property right subsisting in the content on the website. We do not grant any such rights to you. We reserve all of our rights in the content.

13. Placing orders on the website

When you select an item and press the ‘buy’ button, you will be committing to purchase the product, at the price displayed on that page. We do not represent that the product will be maintained for sale on the terms you have agreed to, for other customers or at other times.

14. All charges displayed on our website are in Australian dollars. You must also pay postage and any other charges displayed on the ‘checkout’ page in connection with your order. 

Currently there is no GST payable, Amstar Pacific is a small business and is not required by law to register for or collect GST for the sale of goods and services.

15. Your payment method will be used to take your payment. You must ensure that your payment details are kept up to date. We reserve the right to validate your payment details before providing you with the product. We undertake security checks from time to time.

16. When you complete your order on the website, we will acknowledge your order by sending an email to you. This acknowledgement is a courtesy only. It does not create a legal agreement for the sale of the goods you ordered between you and us. When we receive your order, we will confirm it by a separate email to you. When we do so, a binding legal contract for the sale of goods will have formed. We will take your payment at this point. We are not obliged to accept your order. You acknowledge that there may be circumstances in which we may not be able to fulfil it (for example, if we no longer have stock available for purchase).

17. If we confirm your order and find that we are unable to complete it, we will refund the payment for your order and notify you of the cancellation.

18. We will have your order delivered to your specified delivery address. If you are not home, and our delivery partner determines that leaving the order at your home is unsafe, our delivery partners may take your order to a collection point (such as a post office).

19. If we are unable to deliver your order after making reasonable efforts to do so, we may cancel your order, and will issue you a refund for the purchase price, after deducting reasonable delivery fees.

20. Risk passes to you when the order is delivered. This means the time when our delivery partners leave the product at your specified address. Risk for loss, theft and damage to the goods passes to you at this point.

21. Returns

Your rights under Australian Consumer Law are not limited by this returns policy.

22. If the goods you received are faulty, please contact us at sales@amstarpacific.com.au to guide you through the returns process. If we assess the product and confirm that it is faulty, we will either repair the product or issue you with a refund by making a payment to the same account that you used to purchase the product. The election between these remedies is ours. This is your sole recourse and remedy in such circumstances. It will not be a fault in the product if it has been misused or damaged by a failure to take care of it.

23. Third party content and services

We may incorporate content created by third parties on the website. We do not verify the accuracy, completeness or validity of third party content and you must not rely on us in that context.

In particular:

a. information about products available for purchase on the website is provided to us by third party merchants and suppliers. Except as required by law (including Australian Consumer Law), we are not responsible for errors, inaccuracies or misstatements provided to us by third parties; and

b. we use third party delivery services to send goods to you. We aim to deliver goods to you at the times indicated in the confirmation of your order, but there may be circumstances where this is not possible.

c. If you follow a link to a third party website from our website, then your use of that other website will be subject to separate terms and policies. We are not responsible for managing third party websites and have no obligation to you in connection with your use of third party content.

24. Errors and inaccuracies

If you see an error on our website, whether it’s a typographical or substantive issue, we’d be grateful if you let us know. We reserve our right to correct errors, however they arise and we are not responsible for any reliance you may place on inaccurate information. We will do our best to address issues when we become aware of them.

25. You acknowledge that due to the limits of the technology we use, there may be some variance between the images of the products depicted on the website and the products themselves. For examples, colours may appear differently in your browser.

26. If you make an error in submitting an order on the website, please contact sales@amstarpacific.com.au. We may be able to assist you in addressing the error. We do not represent that we will be able to cancel your order with immediate effect and you may be liable for some charges in connection with a cancellation.

27. Important notice

To the extent permitted by law (including Australian Consumer Law) you acknowledge and agree that:

a. the website is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied;

b. your rights in the event of our failure to comply with these terms is limited to the direct cost of your order. The maximum amount you can recover in such circumstances is limited to the amount you paid for your order. We will not compensate you for and exclude all liability for consequential losses (however arising).

c. any reliance on any content is at your own risk;

d. we will not be responsible for inaccuracies or errors caused by incorrect information supplied to us by third parties;

e. you must make your own assessment as to the suitability of the content of the website before you act on that decision.