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Terms and conditions

Clark Rubber Website Terms and Conditions

Clark Rubber Gift Card Terms and Conditions

Lay-by Terms and Conditions

Customer Order Terms and Conditions

Interest Payment Plans Terms and Conditions

Delivery Terms and Conditions

Gift card promotions

Voucher

Clark Rubber Website Terms and Conditions

General

  • This website is operated by Retail Online Systems Pty Ltd (ROS) on behalf of and for the benefit of participating franchisees of Clark Rubber Franchising Pty Ltd (‘Clark Rubber Franchises’).

  • Access to and use of this website and the products and services available through this website (the ‘Services’) are subject to the following terms and conditions (‘Terms & Conditions’).  By using the Services, you are agreeing to these Terms & Conditions.

  • ROS reserves the right to amend these Terms & Conditions without notice to you from time to time. If ROS decides to change these Terms & Conditions it will post those changes here. ROS encourages you to visit this section of the website regularly in order to remain informed of any changes. Any such amendment will be effective once the revised terms have been posted on this website.

Terms of Sale

  • All orders placed using this website and any associated payment(s) will be sent by ROS to the nearest participating Clark Rubber Franchise who will process and dispatch your order.
  • You may contact ROS at any time to confirm the details of the Clark Rubber Franchise to whom your order has been directed.

  • By placing an order you are offering to purchase a Service on and subject to the Terms and Conditions, availability and confirmation of the order price.

  • You consent to the processing of information as described in the https://www.clarkrubber.com.au/privacy and warrant that all data provided by you is accurate.

  • Prices, offers and product availability may vary between this website and any Clark Rubber Franchise.

  • All prices are in Australian dollars.

  • Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

  • To place an order using this website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to ROS or a holder of a PayPal account.  

  • ROS reserves the right to refuse any request made by you.

  • Upon receiving your order ROS or a third party nominated by ROS on its behalf will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

  • Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.  All orders including any limited free delivery offer are subject to the www.clarkrubber.com.au/delivery-and-returns terms and conditions.

  • The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy.

  • The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. ROS therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. ROS reserves the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

  • Whilst ROS will try and ensure that all details, descriptions and prices which appear on this website are accurate, errors (including processing errors) may occur. If ROS discovers an error in the price or payment of any goods which you have ordered ROS will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If ROS are unable to contact you ROS will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund.

  • As ROS is not the supplier of any products, ROS will not be liable in contract, tort or equity for any loss or damage arising out of or relating to this website or any Service(s) which are supplied to you via an order placed by you using this website.   If this limitation of liability is held to be unenforceable for any reason, then ROS’s maximum liability to you is limited to the purchase price paid for the Service(s).

Intellectual Property

  • The intellectual property rights in all content made available to you on or through this website remain the property of ROS and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ROS and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Restrictions

  • You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. ROS will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Privacy

Indemnity

  • You agree to indemnify, defend and hold harmless ROS, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of these Terms & Conditions.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at promoinfo@clarkrubber.com.au or calling 13 80 90.

Waiver

  • If you breach these Terms & Conditions, failure by ROS to take action will not constitute a waiver of ROS’ rights and remedies arising from that breach and ROS reserves its entitlement to enforce its rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms & Conditions. Any waiver of any provision of the Terms & Conditions will be effective only if it is in writing and executed by ROS.

Force Majure

Governing Law and Jurisdiction

  • These Terms & Conditions are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms & Conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

Severability

  • Any provision in these Terms & Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms & Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.

 

Clark Rubber gift card Terms and Conditions

General

These Clark Rubber Gift Card terms and conditions (Gift Card Terms) that apply to the Clark Rubber gift card program and apply to holders of a Clark Rubber Gift Card ('gift card holder').

It is recommend that all gift card holders read these Gift Card Terms carefully before using a Clark Rubber Gift Card.

In these Gift Card Terms “Clark Rubber” or “We” or “Us” means Clark Rubber Franchising Pty Ltd and/or a third party that has been granted the right to operate a Clark Rubber franchise by Clark Rubber Franchising Pty Ltd, and the “Customer” is “You”.

If you have any questions or would like more information about the Clark Rubber Gift Card, please call 13 80 90  or see in-store.

Terms and Conditions

  • These Gift Card Terms apply to each Clark Rubber Gift Card issued.
  • By purchasing, activating, redeeming or attempting to redeem a Clark Rubber Gift Card, the gift card holder agrees to be bound by these Gift Card Terms and all applicable laws and regulations; and not to use the Clark Rubber Gift Card in any way that is unlawful, misleading, deceptive, unfair or causes harm or damage to any other person.
  • If the gift card holder gives the Clark Rubber Gift Card to another holder, then the first gift card holder must ensure the next gift card holder is aware of these Gift Card Terms, as well as the remaining balance and expiry date of the Clark Rubber Gift Card.
  • Clark Rubber Gift Cards are redeemable for goods or services sold in a Clark Rubber store only.
  • Clark Rubber Gift Cards are redeemable for purchases of $10.00 or more.
  • Clark Rubber Gift Cards cannot be redeemed for purchases on the Clark Rubber website.
  • Clark Rubber Gift Cards are valid for use up to and including the expiry date, which is 12 months from the date of issue.
  • Clark Rubber Gift Cards must be redeemed before, or within one month after, the expiry date shown on the card.
  • Clark Rubber Gift Cards are not redeemable for cash and cannot be used for the payment of credit or retailer accounts.
  • Clark Rubber Gift Cards cannot be reloaded.
  • Clark Rubber Gift Cards are partially redeemable. It is up to the gift card holder to use the full value before, or within one month of, the expiry date. Cash will not be given for any unused balance.
  • Any unused balance on expiry of this card will not be refunded or credited.
  • Treat the Clark Rubber Gift Card like cash.
  • Defaced, damaged, altered, lost or stolen Clark Rubber Gift Cards will not be replaced, refunded or redeemed.
  • Clark Rubber may cancel the card if you report it has been lost or stolen.
  • Clark Rubber accepts no responsibility for the loss, theft or destruction of a Clark Rubber Gift Card and will not take any responsibility if, damaged, lost or stolen.
  • Where the cost of a purchase exceeds the available balance on the Clark Rubber Gift Card, the gift card holder will be required to make up the difference with another payment method.
  • You are liable for all transactions on your card except to the extent to which there has been fraud or negligence by us or any of our employees.
  • Gift card holders can check a Gift Card balance at any time by calling 1300 55 33 80.
  • Clark Rubber reserves the right to change these Gift Card Terms at any time. Changes to these Gift Card Terms will be available on the Clark Rubber website or in a Clark Rubber store.
  • Please call 1300 55 33 80 if you have any reason to believe that an error has occurred in relation to your Clark Rubber Gift Card.

Lay-by Agreement Terms and Conditions

General

These are the terms and conditions that apply to the Clark Rubber Lay-By agreement.

It is recommended that all customers proposing to apply for a lay-by read these terms and conditions carefully before entering into the Clark Rubber Lay-by Agreement.  In the Lay-By Agreement the terms “Clark Rubber” or “We” or “Us” means Clark Rubber Franchising Pty Ltd and/or a third party that has been granted the right to operate a Clark Rubber franchise by Clark Rubber Franchising Pty Ltd, and the “Customer” is “You”.

If you have any questions or would like more information please call 13 80 90  or see in-store.

Terms and Conditions

  • A deposit of at least 15% is required to be paid at the time of commencing this lay-by agreement.
  • You are required to pay this lay-by with at least 2 or more instalment payments, and these instalment payments must be paid at least on a fortnightly basis. 
  • You must present this invoice at the time of making any instalment payments.
  • Lay-bys must be fully paid and collected before the lay-by end date shown below.
  • You will not be permitted to collect the lay-by until such time the lay-by has been paid in full.
  • You may cancel this lay-by at any time.
  • We may cancel this lay-by if you breach these lay-by terms and conditions and do not remedy that breach within 14 days of us requesting you to do so.
  • Where a lay-by is cancelled, we will refund any money paid less a cancellation fee. For lay-bys up to $999, the cancellation fee will be no more than the equivalent of 15% of the lay-by value. For lay-bys of $1,000 or more, the cancellation fee will be no more than our reasonable costs in relation to the cancellation of the lay-by agreement. 

Customer Order Terms & Conditions

General

These are the terms and conditions that apply to the Clark Rubber Customer Order Agreement.

It is recommended that all customers proposing to enter into a Customer Order Agreement read these terms and conditions carefully before doing so.  The terms in the Customer Order Agreement “Clark Rubber” or “We” or “Us” means Clark Rubber Franchising Pty Ltd and/or a third party that has been granted the right to operate a Clark Rubber franchise by Clark Rubber Franchising Pty Ltd, and the “Customer” is “You”.

If you have any questions or would like more information please call 13 80 90  or see in-store.

Terms and Conditions

  • A deposit of at least 15% may be required at the time of making this customer order. The amount of the deposit will vary depending on the product being ordered.
  • We will notify you by telephone when your order arrives in store.
  • Payment and collection of the ordered goods is due within 7 days of us notifying you that the goods have been received at the store.
  • We will not release the order for collection until such time the customer order has been paid in full.
  • You may cancel this customer order at any time.
  • We may cancel this customer order if you breach these terms and conditions and do not remedy that breach within 14 days of us requesting you to do so.
  • Where a customer order is cancelled, we will refund any money paid less a cancellation fee. For customer orders up to $999, the cancellation fee will be no more than the equivalent of 15% of the customer order value. For customer orders of $1,000 or more, the cancellation fee will be no more than our reasonable costs in relation to the cancellation of the customer order agreement.

Interest payment plans Terms and Conditions

0% Interest Payment Plans Terms and Conditions

 All plans are available to approved customers only and on advertised or ticketed price, from Clark Rubber. At the end of the plan, interest will be charged at 24.99%. A $99 annual fee applies for Gem Visa. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see product websites for details. Credit is provided by Latitude Finance Australia (ABN 42 008 583 588), Australian Credit Licence number 392145.

Click here to apply for Gem Visa today 

Interest Free

Monthly payments must be made during the interest free period. Minimum spend $499. Interest and payments are payable after the interest free period expires. Paying only the minimum monthly payment will not pay out the purchase before the end of the interest free period.

Instalment Interest Free

Conditions of 60 months Instalment Interest Free: Weekly payment amount excludes Gem Visa $99 annual fee. Monthly payments required, exact payment amount varies and is specified on your statement. ^Total price includes $99 annual fee on Gem Visa, charged after your first purchase and each anniversary date. Approved customers only. <Available on advertised or ticketed price, from $2499 The plan is payable by 60 approximate equal monthly instalments (exact amounts specified in your statement). At the end of the plan, interest will be charged at 24.99%. A $99 annual fee applies for GemVisa. This notice is given under the Gem Visa Conditions of Use (as applicable), which specify all other conditions for this offer. Also available to CreditLine, GO MasterCard and Buyer’s Edge customers. Other conditions, fees and charges apply, see product websites for details. Credit is provided by Latitude Finance Australia (ABN 42 008 583 588), Australian Credit Licence number 392145.

Delivery Terms & Conditions

Track your order

If your order has been shipped by a courier you can track your order here. You will find the carrier details and tracking number in your shipping confirmation email.

How the order is processed

Any order received Monday to Thursday, after 3pm, will be processed and dispatched the following day, with dispatch timing dependent on availability of product.

Any order received on Friday, after 3pm or over the weekend, will be processed and dispatched on Monday, with dispatch timing dependent on availability of product.

If the item you have ordered is not in stock, we will contact you via phone or email to discuss further options. 

Expected delivery time-frame

Your order will be processed within 1-3 business days of receipt, subject to stock availability.

Once dispatched, you will receive your order within 1-8 days, depending on the delivery service used and your location.

Delivery

At the time of placing your order online, you will be advised and charged a delivery fee. There may be additional delivery fees, depending on factors such as:

(a)     the type or size of product/s you order;

(b)     how far from the Clark Rubber Store that is responsible for fulfilling your order the product is being delivered; and

(c)      the number of people required to carry/deliver your product/s.  For example if you require a mattress to be delivered and located into a room at the nominated delivery address.

A final delivery fee will be confirmed by the Clark Rubber franchisee responsible for fulfilling your order.

If you do not accept any additional delivery fee, you may choose to cancel your order in which case any payment will be refunded.

At the time of placing an order you will be required to nominate a delivery address.

An authorised person must be present at the nominated address to receive and be able to sign for the delivery.

All deliveries will be made during business hours, Monday to Friday between 9.00am and 5.00pm at the address specified by the purchaser. 

ROS or the Clark Rubber franchisee fulfilling the order will not be held responsible for any loss or deliveries to an incorrect address provided and inputted by you at the time of the original purchase.

ROS or the Clark Rubber franchisee fulfilling the order is not able to provide advance notification of a delivery date or time as all deliveries are carried out by a third party supplier. 

This is why it is important that an authorised person is present at the delivery address to verify and sign for the goods. 

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 

For the purposes of these Delivery terms and conditions a force majeure means, an act of god; war; revolution, any unlawful act against public order or authority; a national or state-wide strike or industrial dispute; or a government restraint. 

Lost or damaged goods

If your order is lost or damaged in transit, please email us at  promoinfo@clarkrubber.com.au or calling 13 80 90 9:00am – 5:00pm Monday to Friday (AEST) so that we may assist you

Limited Free Delivery on Online orders over $130

Spend $130 or more in the Clark Rubber Online store to receive the limited free delivery offer.  This offer is limited to deliveries within a 50 km radius of the Clark Rubber store fulfilling the order. Excludes deliveries to private mail boxes (PMB) and does not apply to purchases of Bulky Goods. Bulky Goods for the purposes of these terms and conditions means, without limitation, Clark Pools and Spas, Filtrite spas, Helix slides, Rogue 2 Slides, Sleepmaker innerspring mattresses and/or bases, rubber pavers, pre-cut utility mat, ultra frame pools and metal frame pools. All deliveries will be made during business hours, Monday to Friday between 9.00am and 5.00pm at the address specified by the purchaser. An authorised person must be present at the nominated address to receive and be able to sign for the delivery. Clark Rubber will not be held responsible for any deliveries to an incorrect address where the purchaser provided the incorrect address at the time of purchase. Clark Rubber is not able to provide advance notification of a delivery date or time as all deliveries are carried out by a third party supplier. This is why it is important that an authorised person is present at the delivery address to verify and sign for the goods.

Gift Card Promotion

To be eligible to receive the Clark Rubber gift card, customers must place their order by 16 April 2017, pay for and collect their Daisy pool blanket and roller by 7 May 2017. To receive a $100 Clark Rubber gift card customers must purchase a minimum of 26m2 of a Filtrite by Daisy micron 525 pool blanket and a 5 star roller set. Both items must be purchased as part of the same transaction. Customers must redeem the gift card by following the instructions provided by the store and emailing a copy of their original receipt, name, address and phone number to promoinfo@clarkrubber.com.au by 11.59pm AEST on Tuesday 30 May 2017. To receive a $40 Clark Rubber gift card, customers must purchase a minimum of 26m2 of a Filtrite by Daisy micron 525 pool blanket. Customers must redeem the gift card by following the instructions provided by the store and emailing a copy of their receipt, name, address and phone number to promoinfo@clarkrubber.com.au by 11.59pm AEST on Tuesday 30 May 2017. Clark Rubber stores are unable to issue these gift cards as part of this promotion. These gift cards will be issued at the completion of the promotion and will be mailed to the customer at the address supplied in the original email. It is the customer's responsibility to provide correct contact details. Clark Rubber will not be held responsible for lost or stolen gift cards. Gift cards issued will comply with the standard Clark Rubber gift card terms and conditions as outlined on the reverse of the card and above.

Voucher  

1.From time to time Clark Rubber (‘we’) may release vouchers via email to its customers (‘you’) that may be used in store or online.  

2.Your voucher will include a unique code and will only be valid for use for the period stated on the voucher. 

3.Voucher may only be redeemed once.  

4.Vouchers can only be redeemed in accordance with the special terms and conditions stated on the voucher from time to time.  

5.Some products and services may be excluded from voucher promotions.  

6.Vouchers cannot be redeemed for cash. If you purchase or place an order for a product(s) or service(s) of any single transaction that in total is less than the value of a voucher, no refund or residual credit will be returned to you.    

7.If the credit of a voucher is insufficient for pay for the purchase of the product(s) or service(s) of any single transaction, you will be required to pay the difference with some other means of payment (but not by using another voucher or attempting to rely on any other offer).  Please note that only one voucher can be used per transaction.  

8.Vouchers are applied to the total invoice in respect of a single transaction.  In circumstances where multiple products and/or are purchased using a voucher, and one or more of the product(s) are returned, the discount is applied on a pro rata basis in respect of each product and/or service purchased for the purpose of establishing refund values.  

9.Vouchers cannot be used in conjunction with the purchase of gift cards, or the Free Limited Delivery Offer.  

10.We may email vouchers to you. We accept no Liability for errors in the email address provided to us.    

11.We assume no Liability for the loss, theft or illegibility of vouchers. In the event of alleged, attempted, or actual fraud, deception or other illegal activities in arising from or connected with the redemption of vouchers, we reserve the right to cancel all vouchers issued to you.