Our Site

The web site, www.cnpbrands.com.au (‘Site’) is owned and operated by CO White Pty Ltd ACN 004 169 233 trading as CNP Brands of 20 Calarco Drive, Derrimut, Victoria 3030, Australia (''CNP Brands'') and located on the World Wide Web (‘Web’),. In this document ''you'' and ‘your’ refers to a user of the Site.

Your use of the Site is conditional on your acceptance of these terms and conditions. Please carefully read these terms and conditions, including the Privacy Policy which is discussed further below, before using the Site.
CNP Brands’ Privacy Policy is incorporated by reference and forms part of these terms and conditions. The Privacy Policy sets out the information which CNP Brands will gather about you through your use of the Site and the way in which CNP Brands will use it. You must read the terms of our Privacy Policy before using the Site.

By accessing, browsing, or using the Site, or downloading any material from the Site, you agree to these terms and conditions and acknowledge and agree that you have read and understood this document and agree to be bound by it without alteration.
If you do not accept the terms and conditions contained in this document and the Privacy Policy, then you must not use the Site.

Amendments
CNP Brands may amend this document, including the Privacy Policy, at any time. If CNP Brands amends this document, including the Privacy Policy, CNP Brands will inform you of the amendments by posting the amendments on the Site. Your continued use of the Site after this time constitutes an agreement by you to abide by and be bound by this document, including the Privacy Policy, as so amended.

Disclaimer
The content of the Site is provided for information purposes only. CNP Brands makes all reasonable efforts to ensure that the information contained on the Site is accurate as at the date the information is uploaded to the Site. You agree and acknowledge that all information and material provided to you is on the basis that:

• Your use of the Site is at your sole risk, and the Site, including the information and content of the Site, is provided to you on an ‘as is’ and an ‘as available’ basis.
• You must not modify, adapt, or hack the Site or modify another website so as to falsely imply that such website is associated with, endorsed or approved by CNP Brands and/or associated with the Site;
• All information provided by CNP Brands is of a general nature and is not intended to be nor should be interpreted as advice.
• CNP Brands makes no representation or warranty in relation to the reliability, content or accuracy of the information or material on the Site.
• CNP Brands makes no commitment to update any information or material on the Site.
• CNP Brands may change information or material on the Site at any time, without notice
• CNP Brands makes no representation or warranty that access to or use of the Site will be uninterrupted, secure or error free, or that the Site or any material on or accessible through the Site is free from errors or viruses.
• CNP Brands is not liable for any loss or damage, howsoever caused, resulting from accessing the Site or any use of the information or material on or accessible through the Site (including any linked web sites), any action taken in reliance on such information or material or any inability to use such information or material or the omission of any information or material from the Site or any inaccuracy in any information or material.
• You are responsible for assessing the accuracy, reliability and suitability of the information on or accessible through the Site (including any linked web sites) and accept all risks of loss, damage, costs and other expenses resulting from using the Site or any information or material on or accessible through the Site (including any linked web sites).

This document is not intended to limit or exclude any liability on CNP Brands'' part, where and to the extent that applicable law prohibits the exclusion or limitation.

Linked Sites
The Site may contain links to sites on the Web owned and/or operated by third parties and which are not under the control of CNP Brands (‘Third Party Sites’). In relation to these Third Party Sites, CNP Brands:

• provides the links to Third Party Sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the owner of the Third Party Site;
• makes no representation or warranty in relation to the content or accuracy of the information and material available on any Third Party Site; and
• is not responsible for the material contained on any Third Party Site.

General Compliance with Laws
You agree that you will use the Site for only lawful purposes. You must comply with all laws, statutes, ordinances and regulations which apply to you in relation to your use of the Site.

Restrictions on Use
When accessing or using the Site you must not:

• modify or copy the layout of the Site;
• modify or copy any computer software and code contained on the Site;
• use the Site for any illegal or unauthorised purpose;
• in your use of the Site, violate any laws in your jurisdiction (including, but not limited to copyright laws);
• use any device, software or routine to interfere or attempt to interfere with or disrupt the proper working of the Site, servers or networks connected to the Site, any information or material on the Site or any activity conducted via the Site;
• take any action which imposes an unreasonable or disproportionately large load on the Site''s infrastructure;
• attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means; or
• access or attempt to access personal information about other users, including e-mail addresses.

Your Personal Information
While using the Site you may be given the opportunity to send e-mails to CNP Brands or enter or provide information or material (''Content''). The protection of any personal information transmitted to CNP Brands is governed by the Privacy Policy. Any and all Content provided by you in connection with your use of the Site must be true and accurate, and must not be obscene or defamatory.

You must not misrepresent your status as a human being, your identity or your affiliation with any person or entity. You acknowledge that CNP Brands may monitor the Site and take any action with respect to your Content as deemed reasonably necessary by CNP Brands.

You agree that you will not provide personal information about another person to CNP Brands unless: 

• that other person is made aware of your provision of their personal information to CNP Brands; and
• that other person authorises you to provide their personal information to CNP Brands.

Acknowledgment of Risk
The Web exists across open public networks that may not be secure or private. While CNP Brands takes all reasonable steps to maintain the security of any transmission of information by you to CNP Brands, via the Site, you acknowledge and accept the risk that any communication to or from CNP Brands, via the Site may be intercepted, used or modified by third parties and you indemnify, keep indemnified and hold CNP Brands harmless for any loss or damage suffered by you in respect of any interception, use or modification of such information you communicate to CNP Brands by third parties.

Links
You must not establish links on any other site to the cnpbrands.com.au URL or any other part or parts of the Site without CNP Brands'' prior written consent. CNP Brands may withhold its written consent at its absolute discretion.

If you would like to link to the Site, or be linked from the Site, please contact the Marketing Manager, CNP Brands, 20 Calarco Drive, Derrimiut, Victoria 3030 and request to be signed up to our standard Linking Agreement.

Intellectual Property Rights
All intellectual property in the Site is owned by CNP Brands unless indicated otherwise. CNP Brands reserves all intellectual property rights, including, but not limited to, copyright, trade marks (whether registered or not), advertisements, arrangement and software on the Site (including where included in advertisements). The material on the Site is provided for personal use only (unless otherwise indicated) and may not be:

• re-sold and/or re-distributed in any material form;
• stored in any storage media; and/or
• re-transmitted in any media, without the prior written consent of CNP Brands.

Third Party Intellectual Property Rights

The use of any third party logo, trade mark, company name or other intellectual property rights (“third party intellectual property rights”) does not mean that CNP Brands has any connection, association, partnership, or agency with such a third party.

The use by CNP Brands of any third party intellectual property rights does not intend to suggest, nor should be interpreted as suggesting, any endorsement, approval or recommendation by CNP Brands of that third party.

Limitation of Liability
Your use of any information provided on the Site, and Third Party Sites is at your own risk. To the fullest extent permitted by law you agree to release CNP Brands from all claims that may arise from your access or use of the Site.

To the extent that CNP Brands is able to limit the remedies available, CNP Brands expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (at CNP Brands'' option):

• in the case of goods: the replacement or repair of the goods, the supply of equivalent goods; the payment of the costs of replacing or repairing the goods or acquiring equivalent goods; and
• in the case of services: resupply of the services; or the payment of the cost of having the services resupplied.

Indemnity
You will at all times indemnify and keep indemnified CNP Brands from and against any loss (including legal costs and expenses) or liability incurred by CNP Brands, where such loss or liability arises out of, direct or indirectly your breach of this Agreement.

General
These terms and conditions are to be governed by and interpreted in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

CNP Brands'' failure to act with respect to a breach of these terms and conditions by you or by others does not waive its right to act with respect to subsequent or similar breaches.

A provision in this document may not be interpreted adversely to CNP Brands solely because CNP Brands prepared it.

These terms and conditions, including the Privacy Policy, comprise the entire agreement between CNP Brands and you (unless agreed to otherwise). To the extent of any inconsistency between these terms and conditions and the Privacy Policy, these terms and conditions take precedence, unless otherwise agreed.

If you do not accept these terms and conditions then you must not use the Site.

Purchasing of Product from this Site

Applicability
These terms and conditions of trade apply to all transactions entered into by CO White Pty Ltd ACN 004 169 233, trading as CNP Brands, of 20 Calarco Drive, Derrimut, Victoria 3030, Australia (‘CNP Brands’) via this web site, www.cnpbrands.com.au (‘Site’). In these terms and conditions, ‘you’ and ‘your’ refer to a user of the Site.

These terms and conditions of trade apply in full between CNP Brands and you, unless CNP Brands agrees in writing to a variation of the terms and conditions.

Any general terms and conditions you use shall not apply to any transaction between CNP Brands and you.

By clicking on the ‘I agree’ button, you agree to purchase products from the Site in accordance with these terms and conditions.

Price and Availability
All prices shown on this Site are in Australian dollars and exclude freight and packing costs, and goods and services tax (‘GST’) (where applicable). The prices charged shall be those charges set by CNP Brands at date of despatch.

If a GST is levied in respect of any supply made under or in connection with these terms and conditions of trade, then the amount payable for that supply will be increased by the applicable rate of GST under the applicable GST legislation. The recipient of any such payment shall issue a tax invoice or any other thing required under any legislation in the form required and in the time provided for by the relevant legislation.

An order for goods or services advertised on this Site from CNP Brands does not form a binding contract until accepted by CNP Brands.

You acknowledge that despite all reasonable precautions having been taken by CNP Brands, goods may be listed at an incorrect price, with incorrect information, or which are unavailable to a typographical error or oversight. CNP Brands reserves the right to cancel the transaction, notwithstanding that payment may have already been made, up until the time of delivery of the goods. If a cancellation of this nature occurs after your credit card has been charged for the purchase, CNP Brands will immediately issue a credit to your credit card account for the amount in question.

Payment
Terms and conditions of payment for the goods supplied by CNP Brands under transactions entered into in relation to this Site are strictly cash before delivery unless otherwise agreed. CNP Brands prefers payment by credit card via this Site, and payment by means other than by credit card may incur additional administrative fees or charges.

Shipping / Delivery
Please allow up to 10 working days for all deliveries within Australia. Any delivery dates or times indicated by CNP Brands on acceptance of the order are approximate only and do not constitute a guarantee of delivery or delivery by such date.

All care is taken at all times with the delivery of your ordered good(s). CNP Brands warrants that the good(s) will be despatched from CNP Brands in prime condition without defect or damage. CNP Brands is not responsible for goods damaged or lost in transit.

CNP Brands cannot deliver to third party addresses unless otherwise agreed.

You are responsible for any costs incurred by unclaimed goods or refused shipments. You must ensure that you, or someone authorised by you, is available at the delivery address to accept the goods. CNP Brands will use all reasonable endeavours to ensure that delivery is timely but is not liable for any delayed or lost goods.

Australian Delivery
All goods will be shipped by either Australia Post or Star Track Express. You may request that a transaction identity number is provided to you by CNP Brands. Once shipped your order can be tracked and traced via your transaction identity number. CNP Brands will not be liable to you for any loss or damage suffered as a result of your loss or theft of the transaction identity number.

CNP Brands does not deliver to post office boxes. It is your responsibility to always provide a complete street address for all deliveries.

Delivery charges will be based on either weight or cubic volume and will be added to the total cost. Please note there will be a minimum delivery and handling fee applied to all orders shipped within Australia of $10.

International Deliveries
For all overseas deliveries please contact CNP Brands directly by email on ecomsales@cnpbrands.com for confirmation of shipping details and amount.

CNP Brands will not sell goods to the United States of America of Canada.

Out of Stock
From time to time certain items may be ‘out of stock’. If this happens to be the case you will be contacted within 48 hours of placing your order and offered an alternative product or a full refund.

Title and Risk
Notwithstanding delivery of the goods or their installation, title in any particular goods shall remain with CNP Brands until payment of any and all monies owed by you to CNP Brands pursuant to the applicable transaction is made.

Risk in the goods shall pass to you upon delivery by CNP Brands to the nominated freight forwarding agent.

Security
All transactions conducted via this Site are secured using Secure Sockets Layer (SSL) protocol. SSL encrypts all your personal information used to process and complete the transaction, including your credit or debit card number, name and address.

CNP Brands utilizes Interpay Software. Interpay is a processing system using software provided to Securepay by Quest Software Pty Ltd. Interpay software allows for the processing of credit card transactions in real time via an Argent communications link. Transaction data, including your credit card details are encrypted using 128 bit PKI encryption.

CNP Brands uses all reasonable endeavours to ensure that the transmission and storage of your details used to complete the transaction are as secure as reasonably possible. Where such endeavours have been taken, CNP Brands will not be liable to you in the event that your details are lost, stolen or otherwise used without your authority.

Warranty
CNP Brands warrants that:

• any products purchased by from this Site will be both fit to be sold and fit for the purpose for which it is normally used.
• the item will match the description given on this Site (save for colour, where you have the individual right to choose from a number of alternative options);
• if required any servicing will be carried out with due skill and care;
• for a period of three months from the date of purchase for Reconditioned Goods, and 12 months from the date of purchase for New Goods, any goods purchased from this Site will be free from any defects that may prevent such goods from being used safely in the manner in which they are designed to be used;

If a product is deemed to be genuinely defective, CNP Brands will either offer a replacement of the same or similar product or refund a purchase cost in full.
CNP Brands reserves the right not to refund the cost of a purchase where you have changed your mind after entering into the transaction or CNP Brands reasonably suspects or knows that the alleged defect in the goods has arisen due to deliberate or reckless damage or misuse of the goods.

• breach or non-observance of any term or condition in this document; or
• violation of any applicable law.

This includes all Claims arising from any information which you provide to CO White in connection with your use of the Site. In relation to a Claim, CO White may require you to conduct the defence, at your cost, including negotiations for settlement or compromise prior to the institution of legal proceedings. You must comply with any requirement notified to you in accordance with this clause.

General
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.

The provisions of this document are severable and if any provision of this document is held to be illegal, invalid or unenforceable, that provision or part is to be treated as removed from this document, but the rest of this document is not affected.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

CO White'' failure to act with respect to a breach of this document by you or by others does not waive its right to act with respect to subsequent or similar breaches.

This document may not be construed adversely to CO White solely because CO White prepared it.
This document, including the Privacy Policy, comprises the entire agreement between CO White and you (unless agreed to otherwise). To the extent of any inconsistency between this document and the Privacy Policy, this document takes precedence, unless otherwise agreed.

If you do not accept these terms and conditions then you must not use the Site.