Terms and Conditions

Introduction
In these Terms and Conditions "we", “our" and "us" mean Fortis Lifestyle Pty Ltd ABN 27 624 125 515 trading as Fortis Independence and “our website” means the URL www.FortisIndependence.com.auand "you" and “your” means you, the customer. These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.

1. Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an reference number for your order. Once we provide you with the order reference number a binding contract is formed.

2. Australia and International Web Site
We sell and deliver Australia wide, this is dependent on the product and region and the products purchased.

3. Legal Capacity to Transact on the Web Site
If you are under eighteen (18) years of age, you cannot order via our website.

4. Processing your Order

Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email.
We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email, which is your Tax Invoice.
We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion.
If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.
At our discretion we may contact you after payment to confirm you are the owner of the card.

5. Pricing

We always work to display products at competitive prices.
We reserve the right to modify prices published on our website at any time.

6. GST
All purchases include GST unless otherwise stated. GST is defined as goods and service tax as referred to in the new tax system (Goods and Services Tax) Act, 1999, as amended, and includes Act or Regulation that deals with GST.

7. Availability
We maintain some inventory and work closely with our suppliers to ensure timely delivery of all orders. Products can be despatched from our internal store or the manufacturer direct. Quoted delivery times displayed on the web site are accurate at the time of listing and refer to the time for us to despatch the products. They may however change without notice, in the event of a change that will exceed 14 calendar days you will be notified.

8. Payment Methods and Processing

We accept VISA, Bank Card, Direct Deposit, Paypal and MasterCard, Afterpay and Zippay
Orders placed on weekends or public holidays will be processed on the next business day.
Business days are Monday to Friday, excluding NSW Public holidays.
Payments are completed only after you successfully complete the checkout.
Your tax invoice is your proof of purchase and is required for any warranty claims with the manufacturer.

9. Delivery

Delivery of each ordered product/s can take up to 19 business days from the date payment is received. If the delivery time is greater than that stated the customer would be informed within four (4) days of Fortis Independence being made aware of an extended delay.
We will deliver each ordered product/s to the address that you have advised on your order.
We make every effort to deliver your ordered products within the estimated delivery time you have entered at the checkout. We will contact you prior to despatching the products to you if they are not being sent using a Courier or Mail.
The estimated delivery times for products are during business hours (9.00 am to 5.00 pm) Monday to Friday excluding NSW Public Holidays. After hours delivery is also available on selected products and locations.
Estimated delivery times may vary due to circumstances that are beyond our control.
If your order is sent via an Australia Post and the specified recipient is unable to accept delivery, an “Article Awaiting” card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time of despatch.
If your order is delivered by our courier service and the specified recipient is unable to accept delivery, a card with our contact details will be left at the premises. Please be sure to contacts us and arrange an alternative time and date for delivery, an additional delivery fee may be incurred.
If you plan to change your delivery address and contact details after purchase and payment please contact our customer service team on 1300 910 979.
If your address is outside our standard delivery area, there may be additional delivery charges for your product. We will contact you if this is the case.
If your address is not serviced by our nominated couriers then we will not be able to deliver your product and will provide you a refund. This is because our delivery areas are governed by these third party suppliers.

10 Title and Risk

Full title to and risk in the products will pass to you upon delivery from us and full payment. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

11. Cancelled Orders

Please choose carefully and review all products in your cart when completing the checkout process, as your order cannot be cancelled once we have provided you with the order reference number.
We provide no refunds, credits or replacements if you change your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order.
If in the event Fortis Independence agrees to the cancellation of an order a 25% restocking fee will be payable plus any original freight costs.

12. Faulty, Damaged or Defective Products

A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 7 days of delivery.
If you receive a damaged or faulty product, we will arrange for it to be either repaired or replaced for you. A refund may be paid if the product is no longer available.
Products damaged during transit must be reported to us within 24 hours of receipt of the product.
If you receive a product that you believe is defective, you are to immediately contact our Customer Service Team on 1300 5910 979. We may determine that the product is defective over the phone, this excludes Carton Damage. You have 7 days from the date of delivery to report a defective product.
If the product has been determined to be defective by Fortis Independence over the phone we will arrange to replace the product.
If we require the faulty product to be returned it will be at our expense, postage will not be covered if we have not requested its return in writing.
If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product or offer a refund.
We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $65 handling and administration fee.
Products must be returned in their original packaging whenever we request the product be return prior to giving a refund.
Where you receive a defective or damaged product by Australia post or our nominated courier, we may request you return the product to us. You are required to deliver the product to us using Australia Post or provide it to our nominated courier.
Where you have received a faulty, damaged or defective product by our courier service, we will request you to return the product and we will reimburse you for the shipping costs of the product.
Please ensure that all original items including packaging are returned.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
All electrical products are to be installed by a qualified installer, if they are not the warranty will be void on the product.
If found to be faulty a copy of the installers invoice and qualifications will be required to be sent to Fortis Independence.

12.A Product Returns

If a product has been ordered in error then it may be returned at the discretion o Fortis Independence
All returns are to be sent back to the address that is nominated by Fortis Independence
A restocking fee of 25% of the products cost will be applied to all products returned plus the cost of the original freight
The return postage costs is the responsibility of the buyer
Fortis Independence takes no responsibility for the returned product and will only process a credit when the product is received
Products will not be accepted for return if they have been removed from their packet, been used for testing in any way, have marks or any other signs of use on them.
Fortis Independence does not credit the original postage and handling costs
All returns must be sent back with the receipt

13. When a Replacement Product is arranged

A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product.
The delivery time for the replacement product may be the same as stated for the original product.
Replacement products are provided with the same warranty as the original product.

14. When a Refund is arranged

Refunds include delivery and associated costs for the defective product.
No refund will be processed until we have received the product from you.
Refunds will only be issued to the same credit card or debit card used for the original purchase.

15. Proof of Purchase for a Warranty Claim

It is important that you retain the tax invoice as proof of purchase. To request another copy please contact our customer service team via email on Sales@fortisindependence.com.au and include your name and order number.

16. Warranty if an item is replaced

This will be based on the manufacturer of your product. We recommend you contact the manufacturer direct for further information on their warranty terms and conditions.
All electrical products are to be installed by a qualified installer, if they are not the warranty will be void on the product.
If found to be faulty a copy of the installers invoice and qualifications will be required to be sent to Fortis Independence.

17. Warranty transfer

Warranty is only valid with proof of purchase of the original goods, which will be warranted as long as it complies with all other terms and conditions. We strongly recommend you review the Manufacturer’s Warranty and in most cases it is NOT transferable.

18. Warranty Claims

For all warranty claims please contact the manufacturer directly.
Warranty is valid within Australia only, however please contact the manufacturer in regards to international warranty.

19. Warranty Coverage

All items sold are covered by a minimum 12 months manufacturer’s warranty.
Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
All electrical products are to be installed by a qualified installer. A copy on the invoice will be required at time of any claims.

20. Extended Warranty

Extended warranties are available for nominated products only.
Details of our extended warranty product can be provided on request.

21. Our Liability

Fortis Independence shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
To the extent permitted by law our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
The Customer shall indemnify Fortis Independence and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law, Fortis Independence and customer agree that Fortis Independence will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Fortis Independence shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or Services, even if Fortis Independence has been advised of their possibility.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by Fortis Independence shall be subject to correction without any liability on the part of Fortis Independence.

22. Your Personal Information
Please refer to the Fortis Independence Privacy Policy to see how we collect use and protect your personal information.

23. Credit Card Fraud
When noted on our web site we employ the latest in Secure Sockets Layer (SSL) technology and use shopify / stripe secure payment gateway, we will not be responsible 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.

24. General

You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of Fortis Independence for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option of Fortis Independence, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
We reserve the right to change the Terms and Conditions at any time.
No employee or agent of Fortis Independence has the authority to vary any of the Terms and Conditions governing any sale.
The contract cannot be changed unless agreed to in writing or by e-mail.
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.

25. Force Majeure
We shall not be liable for any delay in performing any of obligations under these Terms, if such delay is caused by circumstances beyond the reasonable control of Fortis Independence and Fortis Independence shall be entitled to a reasonable extension of time for the performance of such obligations.

26. Currency
All listed prices on the web site including shipping costs are in Australian dollars (AUD).

27. Deposits
Deposits or paid for any products or services by Fortis Independence are non refundable.

28. Security
Fortis Independence uses (when stated) a secure 128 bit SSL (Secure Sockets Layer) certificate which is a globally accepted technology. This helps our customers confirm our website is secure. SSL certificates secure our customers online transactions by encrypting credit card and personal information and providing a safe route of communication for your online payments.