Terms of Use

The nhs.trade website is owned and operated by Northumberland Handyman Supplies Pty Ltd ABN 26 002 194 523 trading as NHS (“NHS”, “us” or “we”).

By using or accessing this site, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use this site.

Governing law

These Terms & Conditions are governed by the laws of the State of New South Wales, Australia. You and NHS agree to submit to the non-exclusive jurisdiction of the courts of that state.

Revisions to Terms & Conditions

NHS may revise or amend these Terms & Conditions at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms & Conditions is found to be unenforceable, the remainder of these Terms & Conditions remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by the revised Terms & Conditions.

If you have an account with NHS the Terms & Conditions of this website are in addition to the terms of trade for your NHS account. In the event of any conflict between the Terms & Conditions for this website and the terms of trade for your NHS account, the latter shall prevail.

Site contents, ownership, and use restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.

Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by NHS.

Information from and Advertising and Links to Third Party Websites

This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of NHS and we are not responsible for the contents of any such information or website.

Personal, non-commercial use

Permission is granted for the proper and reasonable purposes of:

  • Placing an order with NHS; or
  • Using this site as a personal shopping resource.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes, for the benefit of third parties at the detriment of us or for other purposes that are not expressly permitted under these Terms & Conditions.

Prohibited conduct

You are not authorised, without the prior written permission of NHS and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.

No trademark (whether registered or otherwise) that is contained on this site or otherwise used by NHS may be used without our prior, specific, written permission or that of the trademark owner.

We can use your feedback

You grant NHS an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to NHS from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

User conduct and indemnity

General prohibitions

You must not upload, post, transmit or otherwise make available through this site any material which:

  • violates or infringes the rights of others (including their privacy and intellectual property rights);
  • is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibits any other user from using the site;
  • affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or
  • breaches any standards, content requirements or codes promulgated by any relevant authority.

Indemnity

You agree to indemnify and will keep NHS indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by NHS in connection with your use of this site, your breach of these Terms & Conditions or your breach of any rights of third parties.

Buying products from our website

Ordering goods

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order.

You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.

NHS may change the prices published on this website at any time. Prices of products placed in the ‘cart’ or in a list but not in a finalised order are also subject to change and you agree to pay the price current at the time of finalising your order.

While every effort has been made to ensure the accuracy of prices, images and information displayed on this site, NHS is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order.

Where we reject your offer, we will notify you within 2 business days to arrange, where applicable, an agreeable alternative item, a backorder, your acceptance of the correction to an error or a full refund.

About our prices

Product availability and pricing may vary between NHS stores and this website due to different customer offers. The website will display if a price is inclusive or exclusive of GST. Prices and availability of items are subject to change without notice. Where permitted we reserve the right to limit sales, at our own discretion. All transactions are processed on this website are in Australian Dollars (AUD).

Delivery policy

When you place an order you will be asked to nominate a delivery address where we will deliver your order or nominate the NHS store where you will pick up your order. Our delivery policy is:

  • We generally deliver orders during our normal working hours on business week days to areas within an approximate 150km radius around our stores in Newcastle NSW Australia. This website will advise if your delivery address is outside our usual delivery area. In this case you should telephone us to discuss your requirements during business hours.
  • The delivery charge is calculated at checkout and is dependent upon your delivery location, order size and the products in your order. All delivery charges are for a standard delivery only. Additional charges may apply in the case of non-standard deliveries including but not limited to: delivery of goods into a building other than at ground level, delays at your delivery site beyond our control, difficult access or our delivery truck being unable to safely park adjacent to where we have to deliver your goods.
  • You are responsible for ensuring that we can access your nominated delivery site in a safe and legal manner and you indemnify and save harmless NHS if you fail to do so.
  • Standard delivery time frames can be up to 10 business days. When you place your order you will be requested to nominate your preferred delivery time period. We will aim to deliver in accordance with your requested period however if we are unable to do so, for any reason, we will not be liable to you or any other person for any such delay. Such delay shall not constitute a breach of contract, unless mutually agreed.
  • You may select to pick up your order from the NHS store of your choice. There is no delivery charge to pick up an order.

Returns policy

NHS is happy to exchange or refund the price paid for any product bought from us if the product is returned to a NHS store unused and in as-new condition with original packaging within 30 days of purchase. This is subject to the following conditions:

  • Products which are made to measure, cut or mixed to your requirements cannot be cancelled, exchanged or refunded.
  • Returns, exchanges or cancellations of products which are outside our normal stock line will incur a re-stocking fee. The amount of the fee will depend upon the type of product and the re-stocking fee charged to us by our supplier.
  • You must provide your original invoice as proof of purchase. If you are unable to provide the original invoice, we may be able to look it up for you by asking you some questions about the purchase. If we still cannot find your invoice, we will require some identification and we will offer a NHS store credit based on the lowest selling price. This store credit is valid for 14 days and is not redeemable for cash.
  • Other than where store credits are issued all refunds will be provided using the same method of payment as your purchase. If the purchase was made using a credit / debit card, the same card must be used for the refund. If the purchase was made by cheque, your cheque must have cleared prior to us issuing a refund. If the purchase was made on account, the refund will be credited to the same account.
  • If we need to pick up your return or exchange you will be charged a collection charge.
  • Commercial quantities are not generally returnable.

Faulty products

If the product you purchase is faulty we may offer a repair, exchange or refund as appropriate in accordance with your legal rights and the manufacturer’s warranty (where applicable).

Security capabilities

When purchasing from NHS your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support centre on 02 4979 0000 or sales (at) nhs.trade

Title and risk

Title to the goods purchased on this site does not pass from NHS to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery to your nominated address or when you pick up the goods from a NHS store.

Disclaimer of liability

To the extent permitted by law, NHS will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with: (1) the use, copying, or display of the contents of this site; (2) goods or services supplied by NHS under these Terms & Conditions; or (3) a failure or omission on the part of NHS to comply with its obligations under these Terms & Conditions.

Limitation of liability

Our total liability to you (if any) in connection with this site, or with these Terms & Conditions or any goods or services supplied under them, will be limited, at our election, to: (1) in the case of goods supplied or offered by us, repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this; (2) in the case of services supplied or offered by us, the re-supply of the services or payment of the cost of doing this; and/or (3) the amount paid by you (if any).

Disclaimer of warranty

NHS is providing this site and its contents on an ‘as is’ basis and use of this site is at your own risk. NHS and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, NHS expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

Rights we cannot exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.

Registered user access

NHS reserves the right to determine at its own discretion which customers and/or users will be offered access to this website as a registered user. The functionality of the website for non-registered users may be reduced, including not but not limited to being unable to purchase goods or view prices.

Termination

Your ability to purchase goods from this site or use the site as a registered user may be terminated by NHS at any time without notice. All restrictions, licences granted by you and limitations of NHS’ liability will survive termination.