Terms of Sale (Domestic)

1.General

In these terms, the following definitions apply:

“Australian Consumer Law” means the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth));

“Business Day” means Monday- Friday, excluding public holidays in South Australia.

“Business Hours” means the Freshwater Systems opening hours of 8am – 4.30pm (ACST) Monday-Friday, excluding public holidays in South Australia.

“Customer” or “you” means the person, to whom Ordered Products are supplied;

“Customer Service” means the Freshwater Systems’ customer service team, contactable via (08) 8351 7800 during Business Hours or by email at filters@freshwatersystems.com.au.

“Delivery Location” means, in relation to Ordered Products, the delivery location specified in the Order for those Ordered Products;

“Freshwater Systems”, “we” or “us” means Freshwater Systems Pty Ltd ABN 90 641 882 251;

“GST” has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Order” means an order for Product/s placed by a Customer:

“Ordered Product” means, in relation to an Order, the Products the subject of that Order.

“Product” means the product/s, available for purchase via the Website or directly from Freshwater Systems at its warehouse premises [INSERT ADDRESS e.g.

“Purchase Order” means the purchase order for Products issued by us to you for the items described therein, together with any policies and/or special terms and conditions provided by us to you in connection with the Purchase Order.

“Refund Policy” means our policy regarding refunds and returns, as set out at Schedule 1 of these Terms;

“Shipping Policy” means our policy regarding shipping, as set out at Schedule 2 of these Terms.

“Terms” means these Terms and Conditions of Sale;

“Website” means www.freshwatersystems.com.au;

“Website Terms of Use” means the Website Terms of Use available at https://freshwatersystems.com.au/terms-and-conditions/.

These Terms may be varied by Freshwater Systems from time to time at Freshwater Systems’ sole and absolute discretion.

2. PRICES

The prices charged by Freshwater Systems for Products, are as set out in Freshwater Systems’ applicable price list, including on our Website, and these prices may be altered at any time without notice.
Product prices quoted are in AUD and include GST, but exclude freight.

3.ORDERS

When placing an Order with Freshwater Systems, you confirm that all of the details that you have provided in completing the Order and offer to purchase the Ordered Products pursuant to the Order are true and correct.
Supply of Ordered Products is subject to availability and to any Order minimums and limits imposed in respect of a Product by Freshwater Systems. Freshwater Systems may, in its sole discretion, waive the application of an Order minimum or limit in respect of an Order.
When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that we have received your Order and will not constitute acceptance of your Order. We have not accepted your offer until you receive a shipping confirmation email from us. We are not obliged to supply the Ordered Products to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
- unavailability of stock (in which case we may ask you to re-submit your Order or offer you an alternative product);
- if we suspect an Order is fraudulent, or suspect credit card or payment-related fraud;
- if there has been an error in the imagery, price or product description on the Website; or
- if there has been an error by way of the wrongful inclusion of a Product in a particular sale or promotion.
The Customer cannot cancel an Order nor delay delivery of Products pursuant to an Order once an Order has been accepted, unless Freshwater Systems provides its written consent. If you make an error with your Order, please contact Customer Service immediately so that we can try to assist you.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
Where an Ordered Product is out of stock or otherwise not available, either:
- an indicative date of restocking and anticipated delivery time will be provided; or
- Freshwater Systems will refund or replace the with an equivalent product at the election of the Customer, pursuant to our Refunds Policy.
All specials, promotions, clearances, offers and discounted items are subject to the specific terms and conditions of that promotion, clearance, offer and/or discount, and are whilst stocks last unless otherwise indicated.

4. DELIVERY

Where delivery is requested by the Customer, we aim to deliver the Ordered Products to the address provided at time of the Order (Delivery Location).
The delivery cost for an Order will be displayed at check-out.
Risk of loss of or damage to the Products in an Order passes to the Customer upon delivery of those Products to the Customer, or where delivery is delayed, on the anticipated
date of delivery as per our Shipping Policy and shipping confirmation email.
Freshwater Systems may consign or ship an Order to the Customer in instalments at varying times.
Freshwater Systems is not responsible for and does not accept liability for delay or non-delivery of Products. In the case of late delivery, the Customer must accept Ordered Products delivered pursuant to that Order.
You must ensure that you are able to accept delivery of the Ordered Products without undue delay and at any time reasonably specified by us and/or our delivery providers. Our delivery providers may contact prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the Ordered Product(s) at the Delivery Location. Alternatively, the delivery provider may leave a card providing or requesting further instructions regarding the delivery of the Ordered Products.
Orders are dispatched on Business Days. If we are in stock of an Ordered Product when an Order is received, we will aim to dispatch the Ordered Products the next Business Day, as per our Shipping Policy. We do not accept requests to delay dispatch of Ordered Products.
Each Order may only request that the Ordered Products be sent to single Delivery Location. If you need to send Ordered Products to more than one Delivery Location, you will need place a separate Order for each Delivery Location. Once an Order has been completed, the Delivery Locations cannot be changed. Please contact Customer Service with any queries or changes.

5. PAYMENT

Unless otherwise stated, all prices are in Australian Dollars.
You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website.
Freshwater Systems will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by anyone whose payment card information is fraudulently used or is used in an unauthorised manner in connection with payment, collection, use, disclosure or transmission of that payment card information via the Website or otherwise in regard to a transaction made via the Website.

6. RETURNS

The Customer’s rights and Freshwater Systems’ obligations under the Australian Consumer Law are not affected by these terms and conditions. Under the Australian Consumer Law, our Products come with guarantees (Consumer Guarantees) that cannot be excluded. Under the Consumer Guarantees, Customers are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. Customers are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
In the event that any Ordered Products are faulty, damaged, wrongly described or breach a Consumer Guarantee we may refund your payment for those Products in accordance with our Refunds Policy. If your Order incurred a delivery fee, then we will cover the cost of delivery for the return only where Freshwater Systems is at fault, that is in the following circumstances:
- if the wrong Product (that is not the Ordered Product) is delivered;
- the Ordered Product is faulty; or
- Freshwater Systems has breached a Consumer Guarantee.

In all other circumstances, the delivery charge will be deducted from the refund to the Customer.

You cannot amend an Order after it has been accepted nor can you amend/exchange/claim a refund on an Ordered Product that is damaged by you. For exchange of a delivered Ordered Product, additional delivery charges will be incurred at your expense. All Products returned due to a change of mind by the Customer must be in their original condition and packaging.

7. WEBSITE CONTENT

In accordance with our Website Terms of Use, Freshwater Systems may make changes to the contents at this Website, or to the Products and services described in them, at any time without notice. The Website contents may be out of date, and Freshwater Systems makes no commitment to update the contents. Freshwater Systems does not warrant the accuracy and completeness of the contents of the Website.
Information published at this Website refers to Products and services in Australia.

8 . EXCLUSIONS & LIMITATION OF LIABILITY

Subject to any relevant statutory provisions, including the Australian Consumer Law, these Terms contain the entire agreement between Freshwater Systems and the Customer on the subject matter and all representations, warranties and agreements (whether express or implied and whether statutory or otherwise) are expressly excluded.
The Customer expressly agrees that use of Ordered Products is at the Customer’s own risk.
To the fullest extent permitted by law, Freshwater Systems’ liability is limited to the:
- replacement of the Ordered Products or the
- supply of equivalent Products
- refund of the Ordered Products; or
- repair of the Ordered Products.

9. VARIATIONS IN INFORMATION, SPECIFICATIONS & SAMPLES PROVIDED

All information, specifications or samples provided by Freshwater Systems in relation to the Ordered Products are approximations only. Slight deviations or variations that do not substantially affect the Customer’s use of the Ordered Products will not be accepted as a basis upon which to refuse to accept the Ordered Products, or make a claim for refund or replacement of the Ordered Products.

10. GENERAL DUE DILIGENCE

To mitigate the risk of fault or damage to Ordered Products or other property damage to property on which the Ordered Products are used caused by same, the Customer must:
- regularly examine Ordered Products for leakage and/or deterioration and replace when necessary;
- use reasonable measures to protect surrounding property against leakage, where leakage could cause property damage; and
- ensure the water supply is turned off if the premises on which Ordered Products are used or installed are vacant for any extended period of time.
Where the Customer is not the end user of the Ordered Products, the recommendations in 10.1 above must be conveyed by the Customer to the end user of the Ordered Products.

11. ADMINISTRATIVE OR CLERICAL ERROR

Freshwater Systems reserves the right to correct any errors in relation to advertised price or freight cost, either on the Website or catalogues or other documents produced or managed by Freshwater Systems.
Freshwater System reserve the right to cancel an Order found to contain erroneous information. Where payment has been processed, a refund will be provided pursuant to our Refunds Policy.

12. ADVICE

Any advice, recommendation, information, assistance or service given by Freshwater Systems in relation to Ordered Products, is given in good faith. Whilst every care will be made to ensure information provided is accurate, appropriate and reliable at the time it is given, it is provided without any warranty. or refraining from making, any decision.
To the extent permitted by law, Freshwater Systems disclaims all liability (however arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the content, the Website and/or any other website to which the Website is linked, or any action taken (or refrained from being taken) as a result of using any of these.
Freshwater Systems will not be liable in any circumstances to the Customer for consequential damages.

13. THIRD PARTY SITES

This Website may contain links to third party sites. The links do not indicate any endorsement of Freshwater Systems of the linked website or the products or services provided at that website. The Customer accesses linked websites and use the products and services made available at linked websites solely at their own risk.

14. ON SUPPLY OF PRODUCTS

The Customer must indemnify Freshwater Systems against all claims, actions, liabilities, charges, expenses, losses damages and costs (whether incurred by or awarded against Freshwater Systems) arising out of or in connection with on supply of Ordered Products.

15. APPLICABLE LAW

These Terms are governed by and construed in accordance with the laws of the state of South Australia and are subject to the non-exclusive jurisdiction of the courts of South Australia.
Nothing in these Terms is intended to contravene any applicable law. To the extent that any provision in these Terms is invalid or unenforceable, it is to be read down to the extend that it is valid and enforceable and otherwise must be severed to extend of any invalidity or unenforceability, without affecting the remaining provisions of these Terms.

Schedule 1

Returns & Refunds Policy

Please choose your Products carefully as Freshwater Systems Australia does not provide refunds for change of mind.

However, if the product is faulty, does not fit, is otherwise in breach of a Consumer Guarantee, or you have been sent the wrong product, we are happy to accommodate, providing you follow the returns and refund procedures below.

1.GENERAL CONDITIONS

The Customer acknowledges that it has checked the information in the Order and any specifications for the Ordered Products prior to placing the Order.
All products returned for a refund must be in “as new” condition.
Unless faulty or otherwise in breach of a Consumer Guarantee, the Ordered Product must
- be returned within 28 days of purchase in original, unused, undamaged and resalable condition including the packaging and with the tax receipt.
- the Customer must cover the cost of freight.
- The refund offered is the invoice price less freight costs.
Delivery fees paid are non-refundable, to the extent permitted by .s
The Customer acknowledges that special, custom or non-stocked items are not returnable unless required by law..

2.CHANGE OF MIND

Freshwater Systems does not provide refunds for change of mind.

3.WRONG PRODUCT or PRODUCT DOESN’T FIT

A request for refund or exchange must be received and acknowledged by Freshwater Systems prior to returning goods. Please contact Customer Service on (08) 8351 7800 or filters@freshwatersystems.com.au to initiate refund or exchange.
Goods returned without prior approval will not be refunded.
Once approval has been granted, please send the wrong product back to Freshwater Systems must receive the Product prior to refund or replacement)
To the extent permitted by law, we reserve the right to provide a replacement product in lieu of a refund.
If no replacement can be found, then full refund including delivery costs paid will be offered

4.FAULTY or DAMAGED PRODUCT

A request for refund or exchange must be received and acknowledged by Freshwater Systems prior to returning goods. Please contact Customer Service on (08) 8351 7800 or filters@freshwatersystems.com.au to initiate refund or exchange.
In the event that the wrong product is received, lease send the wrong product back to Freshwater Systems, (we must receive the product for assessment and confirmation that it is not the Ordered Product, before a refund can be issued).
To the extent permitted by law, we reserve the right to provide a replacement product.
If no replacement can be found, then full refund, including delivery costs paid, will be offered

5.OUT OF STOCK

In circumstances that any Ordered Products are out of stock, Freshwater Systems will advise the Customer by email or phone. An indicative date of restocking and anticipated delivery time will be provided.
Alternatively, Freshwater Systems will refund or replace the Ordered Products with an equivalent product at the election of the Customer.

6.CONTACT US FOR SUPPORT

To initiate the refund/replacement request process, please call Customer Service on 08 8351 7800 during Business Hours or email filters@freshwatersystems.com.au

We are open 8am – 4.30pm (ACST) Monday-Friday, excluding public holidays (in South Australia).

Schedule 2

Shipping Policy

Freshwater Systems is committed to prompt and reliable service, in getting your Ordered Products to you. This Shipping Policy outlines what you can expect when you order from us, including shipping providers, processing and delivery times, and other important freight information.

1.SHIPPING RATES

Shipping rates are calculated in the online checkout process and apply per order. All prices are in AUD, unless otherwise stated.
Rates are flat-rate, based on freight destination and size category of item being freighted;

	ONLY STANDARD ITEMS IN ORDER	ANY LARGE ITEMS IN ORDER
Adelaide Metro	$9	$50
Country/Regional & Interstate	$25	$80

Large Items include

Semi-Automatic Carbon Filter	Chlorine Removal	CF9
	Chloramine Removal	CFC9
	Tannin Removal	CFT9
	Silver impregnated
Fully Automatic Carbon Filter	Chlorine Removal	CFA9
	Chloramine Removal	CFCA9
	Tannin Removal	CFTA9
	Silver impregnated
Semi-Automatic Water Softener	18 litre media capacity	ST18
Semi-Automatic Water Softener	30 litre media capacity	ST30
Fully Automatic Water Softener	18 litre media capacity	SAV18
Fully Automatic Water Softener	30 litre media capacity	SAV30
Whole House UV Filter System		CWP-55

Standard Items are all other items sold in the Freshwater systems online store.

2.SHIPPING DESTINATIONS

We currently ship to Australia only. International orders may be received by phone by calling on +61 8 8 351 7800.

Note: International customers are responsible for any customs duties, taxes, or import fees that may apply to their orders. Payment must be in AUD.

3.ORDER PROCESSING

A order confirmation will be emailed at the time the order has been received.

Once the order has been processed, a second shipping confirmation email will be sent containing a tracking number for the Order.

It is the responsibility of the Customer to track their delivery, but if assistance is required, please contact Customer Serviceand we may be able to advise status information available to us.

Order Processing Time

Orders are processed during Business Hours Monday – Friday, excluding weekends and public holidays. Order processing times may vary based on the size and type of Order:

In-stock Products: Orders are typically processed within 0-1 business day. Orders received after 2pm will be processed on the following day.
Backordered or Pre-order Items: If an item is out of stock, you will be notified of the expected shipping date.

4.DELIVERY TIME FRAME & CONDITIONS

Delivery times may vary depending on your location, product availability, and shipping method.

Choice of freight carrier is at the discretion of Freshwater Systems.
The carriers selected may vary, but usual carriers used include:

DESTINATION	CARRIER	TRACKING URL
Adelaide Metro	APD	https://online.apdparcel.com.au/track/
Country/Regional & Interstate Business addresses	TNT	https://www.tntexpress.com.au/interaction/trackntrace.aspx
Country/Regional & Interstate Other addresses	Startrack	https://startrack.com.au/track/search

Timeframe for delivery may vary, but are usually next half-business day for Adelaide metro. 2-5 business days for other Australian destinations.
Large items, as transit 2-5 days Adelaide metro, 3-8 for other destinations.

5.TRACKING YOUR ORDER

Once your order is shipped, we will send you a shipping confirmation email with a tracking number to allow you to track your shipment through the carrier website.

Please note that there may be a delay in tracking information appearing on carrier website, after the package has been dispatched.

6.SHIPPING RESTRICTIONS

Please provide a physical address for the Delivery Location when placing your order otherwise delays may occur.
Remote Areas: Some remote or hard-to-reach locations may incur additional shipping charges.

7.ORDER MODIFICATIONS AND CANCELLATIONS

Once an Order is placed, we may have difficulty being able to modify it prior to dispatch. If you need to modify or cancel your Order, please contact Customer Service as soon as possible.

8.LOST, STOLEN, OR DAMAGED ITEMS

If your believe your Order may be lost or stolen, or arrives in a damaged condition, please contact us immediately. We will work with the relevant shipping carrier in order to resolve the issue. Please note the following:

Lost Packages: In the event of a lost package, we will file a claim with the carrier on your behalf. If the carrier deems the package to be lost in transit, prior to delivery, we will offer a replacement or refund.

Damaged Items: If you receive a damaged or defective item, please contact us on the day of receipt, or as soon as practicable. We will require photographs of the damaged goods and/or packaging in order to process a claim.

Please refer to our Return & Refund Policy for more information on returns and replacements.

9.SHIPPING ADDRESS ACCURACY

It is your responsibility to ensure that the shipping address provided is correct and complete. We are not responsible for any delays or issues arising from incorrect or incomplete addresses. If you realise there is an error in your shipping address, please contact us immediately to make the necessary changes before your order ships.

10.TAXES AND DUTIES

Sales Tax: GST tax will be applied to orders in accordance with the applicable tax laws. Order confirmations will clearly state the GST component.

11.RETURNS AND EXCHANGES

Please refer to our Return & Refund Policy.

12.CONTACT US FOR SUPPORT

If you have any queries about an order placed, please don’t hesitate to call Customer Service on 08 8351 7800 during Business Hours or email filters@freshwatersystems.com.au