Terms and Conditions

As a valued customer of Envoy, we would like you to be familiar with our trading terms, to ensure that your Envoy experience is a satisfying one.  Please feel free to speak with one of our sales consultants if you have any further questions.

1/ About Envoy

(1) Your purchase of goods from www.envoy.com.au (“website” is subject to these Terms and Conditions of Sale (“Terms”), the Terms of Use and any Catalogue Terms. If you do not accept these Terms, you must refrain from using this website or making a purchase from this website.

(2) Envoy Pty Ltd carries on business from the website.

(3) The goods and services described in this website are available from Envoy Pty Ltd only.

(4) You and Envoy may enter into a sale contract for the sale and supply of products and services described in this website, by you making an offer to Envoy via the website, to purchase the goods and services at the specified price, subject to these Terms.

(5) The Envoy logo and words are registered trademarks.

(6) In these terms:

(a)    “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website;

(b)   reference to a “third party” in these terms includes a reference to any agent or contractor of Envoy or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfillment of Orders made through the website, and includes any of them;

(c)    a reference to the “website” means www.envoy.com.au;

(d)   “Order” means an offer made by you in response to an invitation to treat made by Envoy via the website.

2/ User Agreement 

(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

 

3/ Orders

 

(1) Representations of products for sale made by Envoy via the website do not constitute an offer to sell but an invitation to treat.

(2) You and Envoy may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:

(a)    placing an electronic Order for the products using the website;

(b)    you confirming the Order details in accordance with the procedure on the website;

(c)     you making payment in full (plus any applicable delivery charges) on the website; and

(d)    the acceptance of that offer by Envoy.

(6) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:

(a)    any requirements set out in these terms have been met;

(b)    the electronic instruction containing the offer from you enters and is recorded in our database;

(c)     a record is created and stored in our database; and

(d)    Envoy receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

(5) You acknowledge that:

(a)    the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Envoy for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;

(b)    to the extent permitted by law, Envoy is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;

(c)     Envoy may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

(d)    Envoy may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

(6) You will receive an email from Envoy as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact our Team.

(7) If your Order is not accepted by Envoy, Envoy will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

(8) Envoy may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Envoy cannot supply a particular product, Envoy will notify you by telephone or email as soon as possible.

(10) Envoy will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfillment of your Order.

4/ Supply and Delivery 

(1) Subject to you complying with these Terms and acceptance of your Order by Envoy, Envoy will sell and supply the products to you as shown on your Order confirmation.

(2) Products may not be available for immediate delivery. Envoy will endeavor to deliver your Order within the lead time indicated at the time your order was placed. You agree that your Order for any item not In stock may take up to twelve (12) to fourteen (14) weeks to be delivered to you from the date you place your order. This timeframe is the average manufacturing lead time required by suppliers. Envoy will contact you on receipt of your Order to notify you of the indicative delivery date.

5/ Title and risk in goods 

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

6/ Disclaimer and Indemnity

(1) To the extent permitted by law, each of Envoy and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:

(a) errors, mistakes or inaccuracies on the website;

(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

(c) personal injury or property damage of any kind resulting from your access or use of the website;

(d) any unauthorised access to or use of the websites secure servers;

(e) any interruption or cessation of transmission to or from the website;

(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or

(g) the quality or fitness for any purpose of any linked sites.

(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Envoy and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

(3) You will at all times indemnify, and keep indemnified, Envoy and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

7/ Order Enquiries

If you have any query about the progress of your Order please contact our Team.

8/ Privacy and Personal Information

(1) Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

(2) The privacy of your personal information is important to Envoy.

(3) Envoy and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us at info@envoy.com.au. Personal information may include your name, residential and/or postal address, telephone number and email address.

(4) Your personal information is not collected if you only browse this website.

9/ Force Majeure

Envoy will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

10/ Governing Law

(1) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

(2) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Envoy makes no representations that the content of the website complies with the laws of any country outside Australia.

11/ Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Envoy.

12/ Transfer and Assignment

If Envoy merges, sells or otherwise change control of its business or this website to a third-party, Envoy reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Envoy has collected from you and any agreements it has made with you.

13/ Waiver

The failure by Envoy to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Envoy.