Terms & Conditions

Terms and Conditions

These terms and conditions (“Terms”) form the Contract and Agreement for all purchases and transactions entered for the provision of Goods and/or Services by Wellkart to the Customer.

By creating an Account and placing an Order for any Goods and/or Services through our Website, stores or call centre, you accept these Terms. These Terms are subject to change at any time, without prior written notice. Please read this information carefully each time before ordering with us.

1. Definitions

In these Terms:

Wellkart refers to Wellkart Pty Ltd of 87 Allingham St, Condell Park NSW 2200 Australia.

Agreement refers to this agreement on this webpage.

Account means any account which is opened on this Website.

Contract means the contract for the purchase of Goods comprising these Terms, any Orders we accept under these Terms.

Customer means any person, company, business or entity who purchases goods and services from Wellkart.

Goods means any goods and items supplied by Wellkart.

Services means any services and amenities supplied by Wellkart.

Order refers to any order made on this Website.

GST is an abbreviation of Goods Sales Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999.

Website refers to all material contained on www.wellkart.com.au

We, Us and Our refers to Wellkart.

You and Your refers to you the Customer.

2. General Terms

a) Wellkart only sells and delivers Goods and/or Services within Australia.

b) By accepting these Terms, you acknowledge that you are over the age of eighteen (18) years. Should Wellkart suffer any damage or other losses as a result of a transaction entered into by a minor, Wellkart reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any Order(s) to be placed with Wellkart.

c) You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Wellkart. Any unauthorised assignment shall be deemed null and void.

d) Either our failure nor your failure to enforce any of these Terms constitutes a waiver of these Terms. Such failure shall in no way affect the right to later enforce these Terms.

3. Using the Website

Changes to the Website.

a) Wellkart may make improvements or changes in the information, services, products, prices and other materials on the website, or terminate this site, at any time without notice.

b) Wellkart may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement.

c) Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.

Registered users

d) Any information you provide as part of the registration process will be collected, used and stored by us in accordance with our Privacy Policy.

e) You must not use or access the account of any other person, and you must not allow any other person to use or access your account.

f) You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

g) We may, acting reasonably, terminate your account or restrict your access to the Website. If this occurs, you may be prevented from accessing all or some parts of the Website, including your account details or other content contained in your account. We will not be liable to you or any third party for terminating your account or restricting your access to the Website.

Links and Third Party Content

h) The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).

i) Third Party Content and Third Party Websites may not be under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

4. Placing an Order

a) You may place an Order by using the Shopping Cart and following the Checkout steps on the Website and clicking on the “Place Order” button.

b) You warrant that any information you give to Wellkart while completing your Order will always be accurate, correct and up to date.

c) By placing an Order, you agree to purchase the Goods you have selected based on these Terms, and you alone are responsible for determining whether the Goods are for the purpose for which you intend to use them.

d) When an Order is placed, your order number and order details will be issued by email. You may also access your order detail by logging in to your Account.

e) We will notify you that your order is being processed by sending you an order confirmation and tax invoice via email.

f) All Orders may be subject to further credit or security checks before we formally accept your Order. An Order shall become binding upon us only when we accept the Order by sending you an email with your tax invoice and confirming dispatch of the Goods you have ordered.

g) If we cannot process or accept your Order after payment is received (e.g. if any Goods are unavailable or out of stock), then Wellkart may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer’s approval by email or telephone.

h) Wellkart reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

5. Customer Acknowledgement

In all dealings relating to the provision of Goods and/or Services by Wellkart, the Customer agrees and acknowledges:

a) You have not relied on any representation, advice, recommendation, information or assistance provided Wellkart or any employee or agent of Wellkart in relation to the sale of Goods and/or Services or the use or application of such Goods and/or Services;

b) You are solely responsible for determining and deciding that the Good and/or Service provided by Wellkart is suitable for your use or any other anticipated use, whether or not such use is known by Wellkart;

c) the images, representation and description of Goods provided in a quotation or catalogue is given solely for the purpose and by way of identification. The description does not constitute additional promises, additional terms or a contract of sale;

d) Variations may occur in the colour and texture of materials used in the manufacture of products and we give no warranty or guarantee that the Good(s) will correspond in appearance with any sample or display, including on the Website;

e) The representation and listed price of a Good and/or Service on this Website is subject to constant change.

6. Price

a) All prices quoted are in Australian dollars.

b) The price of the Good(s) and/or Service(s) will be the price quoted by us in a written quotation, or in the absence of a written quotation, the price shown at checkout on the Website.

c) Wellkart reserves the right to change the listed price of a Good and/or Service on this Website at any time.

d) The Customer acknowledges that the price of a Good and/or Service may be listed incorrectly or information relating to a Good and/or Service is displayed incorrectly due to typographical errors. Wellkart shall have the right to deny, cancel or refund any Orders placed on Good(s) and/or Service(s) listed with typographical errors.

e) A written quotation provided by an agent or representative of Wellkart to a Customer in relation to the supply of Good(s) and/or Service(s) is:

i. deemed as an invitation to treat only;
ii. valid for thirty (30) days from the date the quotation is made unless the quotation has been withdrawn by Wellkart in writing;
iii. deemed to be accepted by Wellkart when Wellkart confirms its acceptance of such offer in writing or by delivery of goods to the Customer;
iv. not an obligation on Wellkart to consider or accept any offers from any Customer;
v. bound and subject to these Terms on this Agreement.

f) Wellkart may revise or revoke a written quotation during the thirty (30) day validity period if:

i. you request an update to the Good(s), the quantity of Good(s) or the delivery address;
ii. the wholesale price of the Good(s), or freight and delivery costs in relation to the Good(s) (where applicable), increases during the period; or
iii. Wellkart and the Customer agrees on a new written quotation in relation to the Good(s) and/or Service(s) for supply.

g) If there is a change in the costs or expenses payable by Wellkart to supply the Good(s) and/or Service(s) to you under the Order that arises between the date of placing the Order and the date of delivery:

i. we will notify you of any increase as soon as reasonably practicable;
ii. we may, acting reasonably, increase the price under the Order to reflect such additional costs and expenses; and
iii. if you do not wish to proceed with the Order based on the revised price, you may cancel the Order without penalty or liability to us by giving us notice in writing. If we accept your notice to cancel the Order, we will refund all amounts paid by you in respect of that Order to your original payment method.

7. GST

a) Unless otherwise stated, any amount specified in this Contract or the Website as the consideration payable for any taxable supply includes any GST payable in respect of that supply.

8. Payment

a) Wellkart must receive full payment with cleared funds before it will accept, approve and process an order.

b) Wellkart currently accepts Visa and MasterCard for online payment on the Website.

c) Surcharges may apply for credit card payments. Please Contact Us for more details.

d) You may be required to provide further identification for additional security reference checks.

e) Wellkart accepts bank transfer to its nominated bank account. Please note bank advice remittance, cash deposit receipts or cheques are not acceptable proofs
of payment unless the funds have been cleared into Wellkart’s bank account.

f) Wellkart also accept EFTPOS and Cash if you wish to pay upon pick up.

g) Payment processing will not begin until we receive all required information.

h) Orders placed on a weekend or a Public holiday will not begin payment processing until the earliest business day.

i) Business days are Monday to Friday, excluding New South Wales Public holidays.

j) For credit card payments we will email you a tax invoice with your Order Confirmation. Your tax invoice is your proof of purchase.

k) We are unable to accept credit cards issued by banks outside of Australia.

l) Please ensure your payment method has sufficient daily spending limits, as any payment processing delay may substantially delay your order confirmation.

m) If you wish to secure your Good(s) and/or Service(s) for future delivery, Wellkart will require a non-refundable deposit amounting to 30% of your Order payable prior to securing your Good(s) and/or Service(s).

9. Delivery

a) Customers are responsible for ensuring that all products ordered are suitable for use. Please check both product and packaged dimensions before ordering to ensure there is sufficient clearance to fit through all doorways, corners and pathways into the final position. If you would like to request an exchange or return because your equipment does not fit through a doorway or clearance, this will count as a change of mind and may incur additional restocking fees and delivery charges.

b) Delivery time takes up to 10 business days from the date your Good(s) are dispatched from our warehouse.

c) Wellkart makes every effort to deliver your Good(s) according to the estimated delivery times as stated on the Delivery Information page. However, estimated delivery times may change due to changes in supply or circumstances beyond our control. Wellkart shall not be liable for any commercial loss or damages to you for any failure to deliver on a specified date or within a specified period. If your Good(s) has/have not arrived after the estimated delivery time, please Contact Us.

d) Unless otherwise agreed by us, we will deliver your Good(s) to the delivery address indicated on your Order. Wellkart shall not be liable for any delays or additional costs payable due to incorrect delivery details provided by you.

e) Deliveries take place Monday to Friday during normal business hours, excluding public holidays. Standard deliveries cannot confirm an exact time of arrival on the date of delivery. If you require a specific delivery window, please let us know as additional courier charges will apply.

f) Our third-party couriers will call you in advance to schedule and confirm the delivery time prior to delivery. All deliveries require a signature and cannot be left unattended.

g) Customers are responsible for ensuring appropriate access conditions for delivery, otherwise additional charges may apply. The first delivery attempt is included in your delivery purchase. If the delivery is unable to be completed, a futile delivery will be recorded and you will be liable for a second delivery fee.

h) A futile delivery may be recorded in situations such as, but not limited to:

i. the receiver is not present at the time of delivery,
ii. the access conditions are not suitable for delivery via truck vehicles and requires the courier to park more than 20 metres away from the desired kerbside
drop-off location,
iii. the receiver requests the courier to navigate any steps, stairs or lifts,
iv. the receiver requests the courier to remove packaging,
v. the receiver requests the courier to bring the equipment in from the kerbside or into the premises

i) Any futile delivery charges from our third-party couriers must be paid prior to arranging subsequent delivery attempts.

j) Please note standard deliveries via couriers are completed by a single driver and are drop-off to kerbside ground level locations or dedicated loading areas only. Deliveries will be left in place for the customer to unpack and position inside the premises.

k) Standard delivery does not include:

i. navigating any steps, stairs or lifts,
ii. removal of packaging, pallets or crates,
iii. installation or positioning inside your premises,
iv. connection to services, or
v. removal of existing equipment

l) For your safety, please ensure at least two people are available on the date of delivery to assist when receiving heavy & bulky equipment.

m) For safe transport, your heavy & bulky equipment may arrive on wooden pallets.

n) Please feel free to Contact Us if you would like to request a non-standard delivery service.

o) If you wish to postpone the requested date for delivery of Good(s) ordered, you must notify us in writing. Any changes to the requested delivery date shall be deemed to be accepted by us only once we acknowledge your variation request. You shall be responsible for meeting our reasonable costs for storage of the Good(s) until the new delivery date. Such storage costs to be charged at the rates supplied by third-party couriers at the time you notify us of your request to delay delivery.

p) For more information, please see our Delivery Information page for more details.

10. Title & Risk

a) Wellkart must receive full payment with cleared funds before it will accept, approve and process an order.

b) Where we deliver the Good(s) to your nominated delivery address, risk in the Good(s) passes to you upon the Good(s) being signed for at your nominated delivery address.

c) As soon as you receive your goods, please inspect your goods for any damage which may have occurred while in transit. Goods that are damaged on delivery must be reported to Wellkart within 24 hours along with supporting evidence.

d) Wellkart is not obliged to provide a refund, credit or replacement if goods were damaged during their assembly, installation or removal. Wellkart is not responsible for any losses arising from incorrect assembly, installation or removal.

e) In all other circumstances, risk in the Good(s) passes to you on loading of the Good(s) at our nominated collection address.

11. Returns

a) No refunds, credit or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and provide accurate information when placing an Order.

b) In the event that Wellkart, in its sole discretion, accepts a return of goods from the customer in writing, the following conditions will apply:

i. the goods must be returned in their original packaging and condition;
ii. returns will not be accepted if goods have been assembled, installed and/or used;
iii. the customer will be responsible for the return shipping costs;
iv. the original shipping costs and credit card fees will not be refunded;
v. we shall not be liable for items lost or damaged in transit during return to us;
vi. if our inspection of the returned Good(s) confirms the Good(s) are of acceptable condition, the customer will incur a restocking fee of 30% of the Order
value;
vii. if our inspection of the returned Good(s) confirms the Good(s) are not of an acceptable condition, the Customer will incur a restocking fee of 30% of the
Order value, and you will also be liable for reimbursement of any reasonable costs incurred by Wellkart (including but not limited to materials, delivery fees
and labour costs);
viii. our assessment of the condition of the Good(s) will be conclusive;
ix. we will deduct these fees and expenses from your payment and, in our sole discretion, issue you either a refund or credit for the balance (if any); and
x. if a refund is provided, you must provide your proof of purchase, a government issued proof of identification document and details of the same bank
account or credit card used to make the original purchase (refunds will be processed in the same form as the original purchase).

c) For more information, please see our Return Policy for more details.

12. Defects

a) Goods that are delivered faulty or defective by Wellkart may be replaced, repaired, refunded or exchanged at Wellkart’s discretion provided Wellkart is informed in writing within three (3) days of receiving your goods. Goods are deemed to have been received in good working order and good condition following three (3) days of delivery or pickup of the good(s).

b) If defect claims are received by Wellkart after three (3) days of delivery and are within the warranty period, Wellkart will repair the Good(s) within a reasonable time. If the Good(s) cannot be repaired within a reasonable time, a replacement or refund may be provided in Wellkart’s sole discretion. Delivery fees are non-refundable.

c) Our Good(s) are/is considered defective upon arrival if it shows symptoms of a major failure when first used after removal of its packaging.

d) If you suspect this is the case, please Contact Us and a Wellkart customer service representative will provisionally determine whether the Good(s) is/are considered defective.

e) Where the Good(s) is/are provisionally determined as being defective, Wellkart will arrange a return of the provisionally defective Good(s) for inspection at its premises.

f) If the provisionally defective Good(s) returned is/are deemed to be defective upon inspection by our service technicians, Wellkart will arrange for a new replacement of the Good(s).

g) When a new replacement of the Good(s) is arranged:

i. a replacement for the same Good(s) that you purchased will be delivered to you at our expense after we have received the defective Good(s);
ii. the estimated delivery time for the replacement Good(s) will be the same as per the original Good(s) purchased; and
iii. the replacement Good(s) will be provided with the same warranty terms and conditions as the returned defective Good(s) and commence from the date of
placing the original Order.

h) Repair or supply of a replacement will not extend or renew the warranty period.

i) Refunds will only be offered where a replacement cannot be provided and processed in the same payment form as the original purchase.

j) When the Good(s) is/are replaced, your replacement Good(s) becomes your property and the defective Good(s) returned to Wellkart becomes our property.

k) When a refund is provided in lieu of replacement, the defective Good(s) returned to Wellkart becomes our property.

l) If the provisionally defective Good(s) returned is/are deemed not to be defective upon inspection by our service technicians, Wellkart may, in its absolute discretion, refuse to replace the Good(s) or offer you a refund for the Good(s), and seek reimbursement for the costs of return (including but not limited to materials, delivery fees and labour costs).

m) You acknowledge and agree that, Good(s) will not be considered defective where the purported defect:

i. was disclosed to you as a feature or limitation of the Good(s) before the date of placing the Order;
ii. was caused by you during the period following delivery in which you accepted title and risk over the Good(s), including due to your failure to comply with of any materials or information provided by us; or
iii. is trivial or insubstantial.

13. Maintenance

a) Full instructions on the safe and appropriate operation and maintenance of your unit, along with telephone support, are available to ensure that your new commercial refrigeration equipment operates efficiently and to its capacity.

b) In order to maintain the performance and quality of the Good(s), prior to the use of any Wellkart Good(s), you must comply with all information and materials provided to you in relation to the Good(s) either at the time of your purchase of the Good(s) (including on the product listing) or otherwise delivered with or in connection with the Good(s), including details of required care and maintenance procedures.

c) Good(s) will not be considered to have a Defect if the Defect arises as a result of the Good(s) not being maintained in accordance with the details of required care and maintenance procedures contained in the operating manual.

d) Please refer to our Warranty & Repairs policy for more details and frequently asked questions.

14. Warranties

a) Wellkart warrants to the original purchaser of the Good(s) that the Good(s) supplied by Wellkart will be free from defects and/or faults in materials and/or workmanship for the period as stated in the Warranty section of each Good as published on the Website from the date of the tax invoice to the original purchaser of the Good(s).

b) Wellkart also offers an extended warranty programme for one year at the time of purchase. Please Contact Us at the time of purchase if you wish to purchase extended warranty.

c) Please Contact Us for all warranty enquiries and/or claims. Any claim made under the terms of the warranty must be made within the warranty period and within seven (7) days of the discovery of any potential fault or defect to arrange testing. Please refer to the ‘Warranty & Repairs Claim Process’ in our Warranty & Repairs policy for more details.

d) If a defect and/or fault in parts and/or workmanship is found during the warranty period, Wellkart will replace or repair the Good(s) (at its option) without charge, subject to the following terms and conditions:

i. the Good(s) must have originated from Wellkart and must be able to be identified by Wellkart personnel as a Good(s) supplied by Wellkart.
ii. acceptance of a claim under this Warranty is subject to an assessment of the Good(s) by Wellkart, or its authorised service agent, to determine the cause
of the fault or defect prior to Wellkart’s authorisation for repairs to be carried out.
iii. Wellkart will either undertake the repair itself or nominate an authorised service agent to undertake the repair.
iv. repair or supply of a substitute will not extend or renew the warranty period.
v. Wellkart shall not be liable for any indirect or consequential loss, loss of profit or any other economic loss including without limitation product losses.

e) If a defect and/or fault in parts and/or workmanship is found by the licensed refrigeration technician not to be related to a warranty issue (including within the warranty period), Wellkart reserves the right to invoice a customer directly for all reasonable costs incurred, including but not limited to materials, delivery costs, labour costs. The invoice is required to be paid by the Customer within 14 days of the invoice date.

f) To the maximum extent permitted by law, our liability under these warranty terms does not include:

i. breakage of glass or plastic components of the Goods;
ii. replacement of lights, fluorescent tubes, gaskets or components which have been damaged by exposure to spillage;
iii. damage or failure of the Goods as a consequence of not removing packaging and transport materials before use;
iv. parts subject to wear and tear including but not limited to filters, oil, fuses, lamps, batteries, handles, locks, hinges;
v. goods which have not been installed in accordance with Wellkart’s equipment user manuals and/or specifications;
vi. repairs or replacement of Goods not bearing original serial numbers or compliance plates;
vii. damage as a result of attempted repairs to the Goods by any person other than Wellkart or a service agent authorised by Wellkart;
viii. damage caused to Goods due to improper use of cleaning agents, detergents, bleaches or other chemical additives or agents of a corrosive nature;
ix. any damage arising from any modification or tampering of the Goods that has taken place without prior authorisation from Wellkart;
x. carelessness, negligence or use other than that for which the Goods are designed (including for non-commercial uses and in non-commercial
environments);
xi. goods which are moved or repositioned whilst loaded with any stored products (such products must be removed prior to movement).
xii. goods used in external environments, mobile applications and/or regular movement on casters or legs (all Goods are to be operated in level, stationary and indoor environments);
xiii. installation of Goods in places other than the original place (i.e. disassembly and reassembly in another place);
xiv. goods not performing correctly or efficiently as a result of Goods being used in an environment whereby the ambient temperature and relative humidity
exceed the operating parameters specified for the Goods;
xv. compressor failure due to:
- a) insufficient regular maintenance of core refrigeration components (including but not limited to condensers, filters etc.) as per the user manual guidelines;
- b) failure to provide adequate ventilation for goods as specified under the user manual guidelines;
- c) fair wear and tear of the Goods.
xvi. Extraordinary and unforeseeable external events (including but not limited to voltage surges, irregular electric power supply, natural events, disaster, war, riots, pandemics etc.);

g) Wellkart reserves the right to vary the terms of the Warranty from time to time by publishing revised terms on our Website.

15. Limitation of Liability

a) Wellkart and its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, consequential or exemplary loss, liability or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. This shall include, but is not limited to, any loss of income, loss of profit, loss of contracts, loss of time, loss of data, loss of goodwill or business reputation and any other tangible or intangible loss.

b) Our maximum aggregate liability for any Good(s) and/or Service(s) supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Good(s) and/or Service(s) in question.

16. Indemnity

a) While Wellkart employs the Secure Sockets Layer (SSL) certificate for transactions conducted with our customers on the Website, Wellkart will not be liable for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

b) Wellkart shall not be liable for any delay in performing any of its obligations under these Terms if such delay is caused by a Force Majeure (including but not limited to natural events, disaster, war, riots, pandemics etc.). If these circumstances beyond the reasonable control of Wellkart occurs, Wellkart may without liability:

i. be entitled to a reasonable extension of time for the performance of its obligations;
ii. suspend performance of any obligations under this Contract while the Force Majeure continues; and/or
iii. terminate any affected Order or this Contract immediately by giving you written notice.

17. Termination

a) Wellkart reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 8 above.

b) Wellkart reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.

18. Copyright and Intellectual Property

a) Wellkart retains all rights, title and interest in and to the Website and all related content.

b) The Website, and all the related products, material and content published on the Website by Wellkart, are subject to and protected by copyright under the laws of Australia and international treaties.

c) Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, photographs, video, images, audio clips and software) (the ‘Content‘) are owned or controlled for these purposes, and are reserved by Wellkart or its contributors.

d) Nothing you do on or in relation to the Website will transfer to you:

i. any right, title or interest in any copyright, trade marks, patents or other intellectual property rights in or relating to the Goods and/or Services supplied by Wellkart;
ii. the business name, trading name, domain name, trade mark, industrial design and drawings, patent, registered design or copyright of Wellkart;
iii. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process)

19. Jurisdiction

a) This Agreement, and all matters arising out of or relating to these Terms, their performance and subject matter, is governed by and must be construed in accordance with the laws of the State of New South Wales, Australia.

20. Severability

a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

21. Privacy Policy

a) Wellkart is committed to protecting your privacy and ensuring that your personal information remains confidential. Please read our Privacy Policy for more information.

If you have questions or queries about our Website or our Terms and Conditions, please Contact Us.