TERMS & CONDITIONS

These terms and conditions do not affect customers (“you”, “your”) statutory rights, and apply to the ordering, purchase, fulfilment & delivery of orders from Every Battery Pty Ltd  (“we”, “our”,“us”). By placing an order for goods from Every Battery you agree to these Terms and Conditions.

We offer a 30 day “no quibble” refund guarantee. If you change your mind and wish to return the goods you may do so within 30 days of your order, either to one of our Stores or via a suitable delivery method such as a courier at your own expense. On receipt of the goods (which must be in unused, re-sellable condition) we will arrange a refund via the payment method used to order the goods.

We and our suppliers are continually updating and revising the products that we sell through this website. As such, products may be discontinued or small differences between what is shipped and what is described may occur on occasion. These will not materially affect the use of the goods and you may return the goods using the 30 day return facility should you be unhappy for any reason with the goods.

Law & Legal Rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality & fit for the purpose. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

Pricing & taxes

Prices displayed and advertised for Goods are as shown on the Website in Australian Dollars and are inclusive of GST where applicable. This excludes some goods such as Hearing Aid Batteries, Distilled Water and any other goods which are GST exempt.

Every Battery reserves the right to change the prices of Goods at any time without notice. In addition to the price for the Goods, you will also need to pay the delivery charge (if any) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart in addition to the price for the Goods.

You may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service in your region. These include, but are not limited to Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Every Battery will contact you before accepting your order and provide you with a quote for the Additional Delivery Charge and a refund should you not wish to continue.

Every Battery declines any order made outside (or to a delivery address outside) of Australia.

Your order will be processed once payment has been received, or authorisation from your bank has been successful in the case of a credit or debit card payment. Any orders paid by direct deposit will not be shipped until the funds have cleared into the account nominated on your invoice.

Your Account

If you do not already have an Account you will need to create one before placing an order,  You may not set up an Account for someone else.

Please ensure that you enter all information carefully. You warrant to Every Battery that all information provided by you in relation to your Account is complete, true and accurate. You must notify Every Battery immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Every Battery will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of:

(i) your Account information being incomplete or inaccurate; or

(ii) any unauthorised use of your Password or Account which takes place before you notify Every Battery, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Orders

You can place an order by following the instructions on the Every Battery Website. An order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your order and any applicable Additional Delivery Charge. We reserve the right to refuse an order for any reason. All goods are subject to availability and may be withdrawn at any time. It is our policy to contact you if we are out of stock, and you will be offered the right to cancel the order and receive a full refund.

Each order that you place will, if accepted, be a separate and binding agreement between you and Every Battery with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions. If you place an order for someone else to receive the Goods you must obtain their consent before providing Every Battery with their personal information and, by placing an order, you confirm to Every Battery that you have done this.

Please ensure that you enter all your information correctly when placing an order. You warrant to Every Battery that all information provided by you in relation to each order is complete, true and accurate.

Please check your order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as orders might not be able to be changed or cancelled once the order has been accepted by Every Battery. Every Battery will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Every Battery will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by Every Battery, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Every Battery hosts a complex Automotive Battery finder for use by the customer to assist in choosing the appropriate product for your vehicle. Every Battery takes care in ensuring this tool is up to date and correct for the brands, makes and models mentioned, however vehicles can differ and manufacturers only provide a guide to what will fit and so it is the responsibility of the customer upon using this tool to ensure that the goods selected are appropriate. The customer should contact Every Battery before an order is processed if assistance is required selecting the correct goods for the vehicle.

Where you order more than one item in any particular order, all Goods will be dispatched together where applicable. However, some Goods may be dispatched separately,e.g. where the goods are being dispatched from different locations; where the Goods are of different types (e.g Dangerous goods vs Non Dangerous); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

Submitting and order / Payment

When you submit an order you will receive an order reference number via e-mail. Every Battery will process payment for your order shortly after you place it (except when awaiting payment confirmation) and the order will be  “pending acceptance” by Every Battery. When Every Battery accepts an order it represents an agreement by Every Battery to supply the Goods to you in accordance with your order subject to receiving payment from you and subject to these Terms and Conditions.

You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account or by means of buy now pay later services including Afterpay & Zippay.

If the name on the credit card/payment card/account does not match the name on the order, Every Battery may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card you authorise Every Battery to deduct the price and the applicable delivery charge(s) from such card.

Every Battery reserves the right to change the payment methods that can be used for orders at any time in its absolute discretion. Every Battery may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution has declined payment; or

(c) because your payment card has expired.

Every Battery reserves the right to cancel your order and/or place your order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your order will be rejected and we will notify you by email.

Cancellation of orders

Every Battery reserves the right to cancel, at any time before delivery and for whatever reason, an order that it has previously accepted. Every Battery may do this for example where:

(a) Our suppliers are unable to supply Goods on order or that they have previously promised to supply;

(b) an event beyond Every Battery’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Every Battery is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the order being accepted;

(d) you ask Every Battery to cancel your order.

You may cancel your order where Every Battery:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay:

(i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or

(ii) which was outside Every Battery’s control including the situations set out in point (a) and (b) above.

Where Every Battery cancels your order after it is accepted, you will receive an e-mail notifying you of cancellation and refund any money paid in respect of that order.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Every Battery will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Delivery

Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your order.  Goods will only be delivered to addresses within Australia. Every Battery is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your order through the website.

Where requested, Every Battery will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. When it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your order, Every Battery will contact you to arrange an alternative delivery address.

Following dispatch of your Goods, Every Battery will email you with confirmation of dispatch and an invoice for your order. On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a Every Battery nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(c) re-deliver your Goods to your delivery address at a later date.

(d) Leave your goods at the address if a suitable location is available.

You will receive a SMS or Email and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

If you require Goods that you have ordered to be re-directed to an address which is not the original order address, and such Goods have already been dispatched, Every Battery will where possible use reasonable endeavours to re-direct the Goods and may charge you a reasonable fee for doing this.

When you place an order for Goods to be delivered, you will be required to select one of the available Delivery Options for your order. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your order.

Local Pickup of Online Orders

Online Orders may be picked up from a Every Battery store rather than being dispatched to you by agreement for some products. Where you wish to do this you will need to select this option in checkout. Please note that some Goods are not available for pick up from the store and Goods ordered are subject to availability of the local store.

Only the person who placed the relevant order may pick-up in-store the Goods ordered, unless that person nominates another person to pick-up the Goods on his or her behalf. Photo ID is required to be presented in full when the Goods being picked-up instore. This must match the order holder, or nominated

When picking up Goods in store:

(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow Every Battery to take a copy of this identification for fraud prevention purposes. The copy will not be used by Every Battery for any other purpose or disclosed to any person outside of Every Battery;

(b) where you pick-up the Goods in-store, store staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or invoice that Every Battery has sent to you confirming that the stock is available for pick-up; and

(d) store staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event Every Battery will contact the person who placed the order using the contact details provided.

Delay in availability or delivery of Goods

You agree and acknowledge that:

(a) Estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your order are subject to availability in our stores and Supply Network.

(b) Stock availability and events outside Every Battery’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Every Battery nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Refunds of your money

Where Every Battery is obliged to refund your payment pursuant to these Terms and Conditions, Every Battery aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). Please note that where Goods have been purchased using a Every Battery gift card, the applicable refund will be processed back onto the Every Battery gift card. The additional time that it takes for you to receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Every Battery is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Every Battery will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Returns/faulty or damaged goods

You should check your Goods as soon as they are delivered to you in order to ensure that:

(i) they are what you ordered; and

(ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

Manufacturer’s Warranty Covers manufacturing defects. 

Batteries must be properly maintained and charged. Over-discharged batteries (e.g. below 10v for 12v battery) are not covered. Warranty period may vary for use in commercial or taxi applications.

If you have a problem with any Goods or otherwise wish to return them please refer to Every Battery’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any Every Battery store, you can also contact us.

Every Battery – Customer Service Team,
76 Cimitiere St, Launceston Tasmania 7250.
Telephone: (03) 6334 4170
Email: [email protected]

When returning Goods:

(a) please get authority to return and provide Every Battery with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers return all out-of-the-box accessories (such as power cords and accessories) supplied at the time of original purchase. A return may be rejected if these conditions are not met.

© Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

Privacy

Every Battery’s policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions.

General

Our website and the materials herein are provided as they are, and although we take care to check them they may contain errors or omissions. We make no representations or warranties of any kind with respect to our site, our operations, contents, information, and materials. You agree that our directors, officers, employees or other representatives are not liable for damages arising from the operation, content or use of the website. You agree that this limitation of liability is comprehensive.

We grant you the permission to view this website for your own personal use provided that you agree to and accept without modification these ‘Terms and Conditions’. The terms and conditions should not be altered, supplemented, or changed without the express agreement in writing of all parties.

We are continually updating and revising the products that we sell through this website. As such, products may be discontinued and small differences between what is shipped and what is described may occur on occasion. These will not materially affect the use of the goods and you may return the goods using the 30 day return facility should you be unhappy for any reason with the goods.

The trademarks used and displayed in this website are trademarks of the suppliers and or the manufacturers of the products. Nothing contained within this website should be considered as granting any right to use any trademark without the prior written permission of the trademark owner. The batteries and other items on this web site are sold for use with certain manufacturers products, and any reference to those products or trademarks is purely for identification. Every Battery PTY LTD is not affiliated with these manufacturers and all trademarks and brand names on this site are the property of their respective owners – no connection with Every Battery PTY LTD is implied.

Every Battery reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

Any provision in this agreement 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 shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

These Terms and Conditions are governed by the laws of Victoria, Australia.