Terms & Conditions

MW Toolbox Manufacturing VIC Pty Ltd (ABN: 41 623 476 406) is committed to protecting and respecting your privacy. This policy (together with any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

1. Information collection
1.1 In order to provide a better service to you, we may collect and process the following data about you:
  • information that you provide by filling in forms on our site www.toolboxmel.com.au ("our site"). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information at other times, for example in connection with a promotion or when you report a problem with our site;
  • if you contact us, we may keep a record of that correspondence;
  • we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
  • details of your visits to our site and the resources that you access.

1.2We only retain personal data for so long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.

2. Uses made of the information
2.1 The purposes for which information may be used by us include:

      (a) ensuring that content from our site is presented in the most effective manner for you and for your computer;
      (b) providing you with alerts, newsletter, education materials or information that you requested or signed up to;
      (c) carrying out our obligations arising from any contracts entered into between you and us;
      (d) allowing you to participate in interactive features of our service, when you choose to do so;
      (e) designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision our products and services;
      (f) complying with laws and regulations applicable to us or any of our affiliates in or outside Australia;
      (g) legal proceedings, including collecting overdue amounts and seeking professional advices;
      (h) researching, designing and launching services or products including seminars/events/forums;
      (i) Marketing; or
      (j) purposes directly related or incidental to the above.

2.2 We intend to use your data in direct marketing and we require your consent (which includes an indication of no objection) for that purpose. By using our site, unless you tell us otherwise, you agree that:

      (a) your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time may be used by us in direct marketing;
      (b) the following classes of services, products and subjects may be marketed to you:
                  (i)services and products related to our site and/or our affiliates (including marketing affiliates programs we are a part of);
                  (ii)reward, loyalty or privileges programmes, promotional offers and related services; and
                  (iii)invitations to events such as seminars/webinars/tele-seminars, conferences, live programs or events.
      (c) We may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you. You may choose not to receive promotional materials, by simply telling us (see below for contact details), and we will cease to do so, without charge.

3. Disclosure of your information
We will keep the personal data we hold confidential but may provide information to:

      (a) personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services;
      (b) our offices, affiliates, business partners and counterparts (if any);
      (c) persons under a duty of confidentiality to us;
      (d) persons to whom we are required to make disclosure under applicable laws and regulations in or outside Australia; or
      (e) actual or proposed transferees or participants of our services in or outside Australia.

4. Cookies

4.1 Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
4.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.
4.3 We use the following cookies:
        4.3.1 Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
        4.3.2 Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
        4.3.3 Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
        4.3.4 Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
4.4 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
4.5 We may use the following third-party web analytic services on the website. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the website. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. These analytic services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.
Google Analytics
4.6 Google Analytics is a web analysis service provided by Google Inc. ("Google"). Google's ability to use and share information collected by Google Analytics is in accordance with their policies: http://www.google.com/policies/privacy/partners/
4.7 You can prevent Google's collection and processing of data by using the Google Ads Settings page or downloading and installing their browser plug-in (https://tools.google.com/dlpage/gaoptout).
4.8 You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

5. Security

5.1 All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.2 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

6. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page.

7. Data transfers

We may hold your data on servers in Australia and any other territories as we see fit from time to time. We may also transfer your data to our overseas offices or to any people listed at Clause 3 above, who may be located in or outside of Australia, including America.

8. Your consent and rights
8.1 By using our service, making an application or visiting our website, you consent to the collection and use of your information and other activities as outlined in this policy.
8.2 Under the Privacy Act (the "Act"), individuals have the right:

      (a) to check whether we hold personal data about you and to access such data;
      (b) to require us to correct as soon as reasonably practicable any data relating to you that is inaccurate;
      (c) to ascertain our policies and practices in relation to personal data and the kind of personal data held by us; and
      (d) to withdraw your consent to the use of your personal data for marketing purposes and we shall not use your personal data for marketing purposes after you communicate your withdrawal of consent to us.
8.3 You may exercise your opt-out right by notifying us if you wish to withdraw your consent to the use of your personal data for direct marketing purposes. Please send requests to optout and for access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to: svicshoponline@toolboxcentre.com.au
8.4 In accordance with the Act, we have the right to and may charge a reasonable fee for processing any data access request.

MW Toolbox Manufacturing VIC Pty Ltd (ABN: 41 623 476 406) trading under the name MW Toolbox, offers a 24 Month warranty against manufacturing faults and defects in material and workmanship from the date of purchase. Purchase date can be found on digital receipts and physical invoices delivered with toolboxes.

MW Toolbox will also keep accurate transaction records.

Warranty covers all structural and mechanical aspects of the item, excluding locks, gas struts, hinges drawers, drawer runners, etc which are covered by a 12 Month warranty. 

MW Toolbox warranty is 24 months for all levels of use (commercial, private and trade) for the warranty period.

Warranty does not cover damage caused by accidents, misuse or negligence.

Warranty also does not cover any damage caused by natural disaster or severe weather events.

MW Toolbox does not offer a warranty for any surface damage that occurs to any toolbox, including scratches rust or any other surface defect that occurs over time. Any defect found within 24 hours of receiving the toolbox must be reported immediately to MW Toolbox, by either phoning 1800 554 434 or emailing warranty@toolboxcentre.com.au otherwise the defect will be considered natural wear and tear. 

Warranty becomes void if product is used for an unintended purpose or altered in any way, unsatisfactory installation may also void warranty.

Items given away in promotion periods will not be covered by warranty.

Warranty does not cover theft or attempted theft of items or any damage which occurs.

Warranty Claims

Any item subject to claim must be reported to MW Toolbox directly or via email at warranty@toolboxcentre.com.au. Full details of the product fault as well as photo evidence will be required before warranty is actioned.

MW Toolbox will first attempt to fix faults before offering a replacement.

In the event a product does not have a replacement then a refund will be issued.

All return freight costs are liable to the purchaser.

If warranty claim is found to be illegitimate, all costs associated with the warranty claim will become payable by the customer.

Returns

If a return is required, our customer service team will contact you to arrange collection of your item.

Please note that change of mind returns will only be considered for pre-made standard products within 7 days from date of purchase, and the products must remain unused and restocking condition. No return or refund will be acceptable for custom-made products.

MW Toolbox will not accept any return without prior consent.

Customer is required to pay return freight.

Any freight costs in the initial purchase will not be refunded.

All returns are subject to a 20% handling fee.

Customers are required to package the item adequately in order to avoid any damage during transit, any damage occurred during transport is not responsibility of MW Toolbox.

MW Toolbox is not liable for any items lost during transport.

1. DEFINITIONS

In these Conditions:
“Australian Consumer Law” means the provisions contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“Conditions” means these terms and conditions of sale, as amended by MW Toolbox Manufacturing VIC from time to time.
“Corporations Act” means the Corporations Act 2001 (Cth).
“Customer” means any person who has placed an Order with MW Toolbox Manufacturing VIC or requests a quotation from MW Toolbox Manufacturing VIC or purchases Goods or Services from MW Toolbox Manufacturing VIC.
“Goods” means any goods requested by the Customer in an Order.
“GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Order” means any order placed by a person for the supply of Goods and/or Services by MW Toolbox Manufacturing VIC.
“PPSA” means the Personal Property Securities Act 2009 (Cth).
“Proceeds” has the meaning given to it in the PPSA.
“Security Agreement” means the security agreement under the PPSA created between MW Toolbox Manufacturing VIC and the Customer by these Conditions.
“Security Interest” has the meaning given to it in the PPSA.
“Services” means any services requested by the Customer in an Order.
“MW Toolbox” means MW Toolbox Manufacturing VIC Pty Ltd ACN 623 476 406 trading as MW Toolbox.

2. CONDITIONS TO PREVAIL

Subject to clause 9.4 these Conditions constitute the terms and conditions upon which MW Toolbox will supply Goods and/or Services to the Customer and take precedence over any terms and conditions that may be contained in any Order or in any other document.

3. TERMS OF PAYMENT
  • Unless otherwise agreed in writing by MW Toolbox, the Customer shall pay in full for all Goods and/or Services supplied by MW Toolbox prior to MW Toolbox dispatching these Goods and/or Services. All written agreements made separately to this, the Customer shall pay in full for all Goods and/or Services supplied by MW Toolbox by no later than the last day of the month following the date of MW Toolbox’s tax invoice. MW Toolbox may issue an invoice to the Customer on and from the date of an Order.
  • If the Customer fails to make any payment when due, then without prejudice to any other provision of these Conditions or to any other remedy provided to MW Toolbox under these Conditions or otherwise, interest will accrue on the amount of the overdue payment at a rate equal to 10% calculated from the date payment was due, and all amounts owing by the Customer to MW Toolbox on any account will immediately become due and payable.
4. PRICES
  • The price of Goods and/or Services will be the then current price charged by MW Toolbox as at the date of delivery of the Goods and/or Services, subject to any increases in accordance with clause 4.2.
  • Unless already included in the price of Goods and/or Services, MW Toolbox may add to the price of any Goods and/or Services:
    • any amount that MW Toolbox is required to pay on account of any excise duty or any taxes or charges which may be established or levied by any governmental authority (domestic or foreign) thereupon or on any part thereof or in connection therewith:
      • any amount that MW Toolbox is required to pay on account of any GST which may be established or levied by a government agency.
      • any transportation, packing and delivery costs; and
      • an amount that reflects any relevant increase in exchange rates, transportation costs and the cost of labour and material
    • Any discounted price of Goods and/or Services provided by MW Toolbox in a period of a promotional event or non-promotional event are not valid in conjunction with additional offers at the time.
5. WARRANTY AND RETURNS OF GOODS
  • Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
  • Subject to clause 5.1, further details about our 12-month warranty on Good and Services are set out in clause 9 below and on our website at https://www.toolboxmel.com.au/return-policy the terms of which are incorporated into these Conditions.
6. INSPECTION BY CUSTOMER

Subject to clause 5.1, the Customer must inspect all Goods and/or Services upon delivery of the Goods or completion of the Services, as the case may be, and must report in writing to MW Toolbox within 7 days of the date of delivery any alleged defects in Goods and/or Services with details of the relevant invoice number and a description of the alleged defects. Unless Goods and/or Services are so rejected within that 7 day period, such Goods and/or Services will be deemed to comply with the Specifications.

7. RETENTION OF TITLE
  • Ownership of and title to the Goods remains with MW Toolbox and does not pass to the Customer until payment in full on any account relating to the sale of the Goods has been received by MW Toolbox.
  • Until Ownership of and title to the Goods passes to the Customer:
  • the Customer will hold such Goods as bailee for MW Toolbox;
  • the Customer shall, at its cost, hold and store the Goods in such a way as to clearly identify them as the property of MW Toolbox and keep proper stock records and records of account in respect of the purchase, receipt, sale or other dealings in relation to the Goods;
  • the Customer must not sell or purport or dispose of the Goods except in the ordinary course of its business;
  • if the Goods or part thereof are sold by the Customer, the Customer must hold so much of the Proceeds of such sale as equals the unpaid price payable to MW Toolbox in a separate account, for MW Toolbox. MW Toolbox has a right to trace the Proceeds of any such sales in accordance with equitable principles;
  • the Customer must not charge, encumber or create a Security Interest in the Goods or make any alterations to the Goods or do or allow anything to happen to the Goods that might contribute to the deterioration in their value or otherwise affect the interests of MW Toolbox;
  • MW Toolbox may, without prejudice to any of its other rights, enter into the Customer’s premises (or any other place occupied by the Customer) to inspect, search for, remove and re-take, repossess or resume possession of any or all of the Goods and, the Customer hereby grants to MW Toolbox, its servants and agents, leave and an irrevocable licence to do so at any time without prior notice, using reasonable force if necessary, for that purpose if:
  • there is any breach of any of these Conditions or any other contract between MW Toolbox and the Customer in respect of the Goods; or
  • the Customer takes any action that could result in his being made bankrupt or arrangement under Part X of the Bankruptcy Act 1966(Cth) is invoked against the Customer or where the Customer is a corporation, if the customer is or becomes insolvent or an externally administered body corporate (within the meaning of the Corporations Act) or a controller (within the meaning of the Corporations Act) enters into possession or takes control of the Customer’s undertaking or property or any part thereof.
  • MW Toolbox may recover the price of the Goods (plus interest properly payable) and may apply to wind up or bankrupt the Customer, if the Goods are not paid for within MW Toolbox‘s usual credit terms, notwithstanding that ownership of, and title in, the Goods has not passed to the Customer.
  • The provisions of this clause 7 apply notwithstanding any arrangement under which MW Toolbox provides credit to the Customer. To the extent that there is any inconsistency, these provisions prevail.
8. PPSA
  • These Conditions are an agreement that constitute a Security Agreement.
  • The Customer acknowledges that MW Toolbox has a Security Interest in the Goods and any Proceeds even if the Goods have been sold or used in the ordinary course of its business until the Customer has paid for the Goods in full.
  • The Customer must not do, or agree to do, any of the following:
    • create or allow another Security Interest to be created over the Goods without MW Toolbox’s prior approval;
    • lease, hire, or bail the Goods to another person;
    • otherwise part with possession of the Goods or any of them otherwise than by way of sale to a customer in the ordinary course of its business;
    • change its name, relocate its principal place of business, or change its place of registration or incorporation without giving MW Toolbox 14 days prior written notice.
  • Neither the Customer nor MW Toolbox will disclose to an interested person (as defined in section 275(9) of the PPSA) or any other person, any information of the kind described in section 275(1) of the PPSA. The Customer must not authorise the disclosure of any information of the kind described in section 275(1) of the PPSA.
  • The Customer must do anything (such as obtaining consents and signing documents) which MW Toolbox requires for the purposes of:
    • ensuring that MW Toolbox’s Security Interest in the Goods is enforceable, perfected and otherwise effective under the PPSA;
    • enabling MW Toolbox to gain first priority for its Security Interest in the Goods; and
    • enabling MW Toolbox to exercise rights in connection with the Security Interest in the Goods.
  • To the extent permitted by the PPSA for the purposes of sections 115(1) and 115(7) of the PPSA:
  • MW Toolbox needs not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) and 137; and
  • sections 142 and 143 are excluded.
  • The Customer waives its right to receive a verification statement under section 157 of the PPSA.
  • The Customer agrees to pay all expenses (including legal expenses on a full indemnity basis) arising from the collection of overdue monies or the registration, maintenance, enforcement or discharge of MW Toolbox’s Security Interest in the Goods.
9. LIABILITY OF COMPANY
  • To the extent permitted by law, MW Toolbox will not be liable in respect of any loss or damage (including consequential loss or damage), howsoever caused (whether by negligence or otherwise), which may be suffered or incurred or which may arise directly or indirectly or in connection with the Goods or Services, howsoever acquired, including where any person has:
    • modified or in any way altered the Goods or changed the formulation or make-up of the Goods;
    • failed to use the Goods in accordance with the instructions or recommendations of MW Toolbox published from time to time in connection with the use of the Goods;
    • failed to use the Goods in accordance with any applicable laws or regulations.
  • To the extent permitted by law, MW Toolbox will not be under any liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any technical advice or assistance given or rendered by it to the Customer whether or not in connection with the manufacture, preparation or supply of Goods and/or Services to the Customer, provided that MW Toolbox has provided such technical advice or assistance with due care and skill.
  • Where any applicable legislation implies any term, condition or warranty into the relationship between MW Toolbox and the Customer or into these Conditions or a contract of sale between MW Toolbox and the Customer in relation to the sale or supply of Goods and/or Services, or otherwise gives the Customer a particular remedy against MW Toolbox and that legislation or any legislation avoids or prohibits provisions excluding or modifying the application of, or exercise of, or liability under, such term, condition, warranty or remedy, then that term, condition, warranty or remedy is deemed to be included in these Terms and Conditions of Sale, or, as the case may be, apply to that relationship. However, MW Toolbox’s liability for any breach of such term, condition or warranty or under such remedy, will be limited, at MW Toolbox’s option, in any one or more of the ways permitted by that legislation including, where so permitted:
    • if the breach relates to any Goods, to:
  • the replacement of those Goods or the supply of equivalent goods;
  • the repair of those Goods;
  • the payment of the cost of replacing those Goods or acquiring equivalent goods; or
  • the payment of the cost of having those Goods repaired; and
    • if the breach relates to any Services to:
  • the supplying of those Services again; or
  • the payment of the cost of having those Services supplied again.
    • If there is any inconsistency between the express terms of these Conditions and any term, condition, warranty or remedy deemed to be included in these Conditions pursuant to clause 3, that deemed term, condition, warranty or remedy will prevail to the extent of the inconsistency.
    • The descriptions, illustrations and other material contained in any catalogue, price list, brochure, leaflet or other material provided by or on behalf of MW Toolbox does not form part of these Conditions or any contract between MW Toolbox and the Customer for the supply of Goods or Services and does not amount to any representation or warranty (whether collateral thereto or otherwise), nor does the use of such material constitute a contract of sale by description. All Goods and Services supplied by MW Toolbox will be in conformity with MW Toolbox’s standard commercial specifications at the time of supply, subject to MW Toolbox’s right without notice to incorporate such minor modifications thereto as it thinks fit or any modifications of whatever nature necessary to comply with any relevant law.
10. PROPERTY AND RISK

Risk in Goods will pass to the Customer immediately upon delivery of the Goods by MW Toolbox.

11. ACKNOWLEDGEMENTS
The Customer acknowledges that:
  • it has not relied on any representations made by MW Toolbox as to the suitability of the Goods for any specific purpose; and
  • it is its responsibility to make its own enquiries and investigations as to the suitability of the Goods for any particular purpose.
12. FORCE MAJEURE

MW Toolbox will not be liable as a result of delay in performance or of non-performance of the Conditions caused by circumstances beyond its control, including but not limited to acts of God, fire, explosion, flood, machinery or equipment breakdown, accident, war, government action, riots, strikes, lockouts, industrial action, shipping delays or delays by suppliers or contractors due to causes beyond the control of those suppliers or contractors.

13. SEVERANCE
If it is held by a court of competent jurisdiction that:
  • any part of these Conditions is void, voidable, illegal or unenforceable; or
  • these Conditions would be void, voidable, illegal or unenforceable unless any part of these Conditions was severed from these Conditions, that part will be severed from and will not affect the continued operation of the remainder of these Condition
14. WAIVER

No waiver by either party of any breach of any of the terms and conditions contained in these Conditions will be effective unless given in writing and no waiver will be construed as a waiver of any subsequent breach of the same or any other terms or conditions of these Conditions.

15. GOVERNING LAW

These Conditions are governed by and construed in accordance with the laws in force in the State of Victoria and MW Toolbox and the Customer submit to the jurisdiction of the courts of that State.

16. PRIVACY ACT
  • The Customer is informed that personal information (including credit-related information) relating to the Customer might be disclosed by MW Toolbox to a credit reporting body. The credit-related information that may be disclosed includes details of any overdue payments, payment arrangement defaults or serious credit infringements (as that term is defined in the Privacy Act 1988(Cth).
  • The Customer agrees:
  • that MW Toolbox may obtain from a business which provides information about the commercial credit worthiness of persons, information concerning their respective commercial activities or commercial credit worthiness and using that information for the purposes of assessing this application;
  • that any credit reporting body may give to MW Toolbox (a credit provider) any credit report or record or information that has any bearing on the credit worthiness, credit standing, credit history or credit capacity of the Customer for any purpose permitted by law including:
  • to assess an application by the Customer for credit;
  • to notify other credit providers (either directly or by notification to a credit reporting body) of a default by the Customer;
  • to exchange credit-related information with other credit providers as to the status of the Customer’s account where the Customer is in default with another credit provider; and
  • to assess the credit worthiness of the Customer at any time.
  • Further details regarding how we collect, use, store and disclose credit related information as well as details regarding our recognised dispute resolution scheme is contained in our Privacy Policy, a copy of which is available here https://www.toolboxmel.com.au/privacy-policy/