1 Seller Requirements

1.1 Once you have been approved to become a vendor on our marketplace we require you to agree to our trading terms. By listing inventory with tools.com you are agreeing to abide by the following:

 

1.2 You are responsible for the technical specifications & content of all product listings on the Website. You agree that all information you provide shall be accurate and kept up-to-date, and comply with all applicable Australian laws, product safety requirements and mandatory standards and will not breach any third-party Intellectual Property Rights.

 

1.3 You will provide us accurate details and descriptions in relation to the goods or services you offer including;

  • technical specifications, sizes, colors and dimensions, any required safety notices, labelling or warnings, shipping information (including the cost, delivery timeframes and method of shipping); and unless agreed otherwise.


1.4 As a vendor you must please aspire & maintain consistent high standards to meet the expectations of our customers and you are required to conform with our minimum service obligations;

  • Confirm and dispatch orders within 24 hours of receiving an order however same day is industry best practice.
  • Minimize errors over time to no more than 3 orders per month.
  • If out of stock of the model sold an upgrade can be shipped as long as customer approves it via our customer service.
  • If a short delay exists on shipment we must be advised of this so we can advise the customer.
  • We prefer an inventory connection to us via various options available and should sales exceed $50k per month we would progress to an API.
  • Maintain and manage your inventory appropriately to ensure you can fulfil customer orders within a reasonable time frame; and forecast to ensure your top lines are in stock at all times.
  • Processing of “credit paperwork” will be within the month of the transaction.


 

1.5 For deliveries made by non-national carriers or own truck and nobody is home to sign or accept the goods Tools.com accepts photographs of the products being left in a safe place of the product in that place and a photo of the home etc. as proof of delivery. These images will need to be emailed to orders@tools.com with our order number reference if required.

 

1.6 For orders that are received in the portal for PO Box Deliveries please advise your process will be for signed deliveries etc.


2 Handling Customer Returns 


2.1 Your returns and refunds policies and procedures must always comply with Australian Consumer Law links as marked here relating to “The standard Consumer Guarantees, Repair, replace or refund rules and Manufacturers warranties.

 

  • If a customer lodges a complaint directly with us, we will send the action as an order or query to be done or via our customer service system.
  • If the product is within the warranty period as agreed by this agreement, then the product maybe repaired, replaced or refunded according to the ACCC guidelines. We will ask the customer if a replacement is wanted first and thus if approved, we will send you a no charge order to service the warranty and or replacement.
  • If the product is over 10Kgs and or the customer is in a rural or difficult area and does not have the ability to return it themselves to a location the customer does not need deliver the product back to reduce wastage costs.
  • Where a consumer has ordered the incorrect model, the consumer will be responsible for the return freight and organization which we will handle or send you an actionable order request.
  • Where a delivery has not arrived, a replacement shipment will be sent at no extra cost to tools.com if no proof of delivery exists.

3 Payments, payment processing and refunds

 

3.1 Payments will be made for all orders with tracking (selected upon account sign-up);

  1. Every Rolling 14 Days
  2. At the end of Each Month
  3. 30 days End Of Month 

 

If sending statements or invoices is ok, in the case of commission system we send summaries with each payment. All invoices and paperwork to be forwarded after each transaction to accounts@tools.com . Orders and tracking information if not loaded directly into portal or by FTP or other means must be sent to orders@tools.com.

 

3.2 In the case of this contract Tools.com provides a PPSR and/or personal Guarantee against the preferred trading terms but not both when trading first exceeds $10k.

4 Privacy and Personal information

You must at all times comply with the Privacy Act 1988 in relation to your handling of personal information collected or disclosed to you. You must not use any customer information for any purpose other than to provide customers the goods and services ordered.

5 Intellectual Property

You grant us and affiliates a royalty free, irrevocable, non-exclusive right & license to use, reproduce, publish, communicate to the public, adapt, display, alter, amend, reformat logos, trademarks, product images, descriptions and information (“Materials”) provided to us for the purposes of selling them on the Website. You warrant that you have right, title and interest in the Materials and items will not infringe any third party’s Intellectual Property Rights. Our orders include customer names, email addresses, delivery addresses, contact details (“Customer Information”) this remains the property of Tools.com, we grant you a limited, revocable, royalty free right and license to use the Customer Database solely to fulfilment obligations namely fulfilling orders, refunds and service. Neither party shall obtain any right or ownership to a party’s pre-existing approved and current registered intellectual property except as expressly set out in this clause.

6 Termination, Law and Disputes

At our discretion, either may terminate these Trading terms and cease providing the Services without notice if we are unable within 90 days of a serious issue resolve the problem causing the termination. These Trading terms, hall be construed in accordance with the laws in force in the State of Victoria. Any dispute arising that cannot first be settled by mutual negotiation must, prior to the issue of any formal legal proceedings in a court, must be submitted to a binding arbitration in accordance with and subject to the Resolution Institute Arbitration Rules.

7 Manufacturers Warranties  

The warranty Periods for the brands we sell will be provided when products are loaded.

8 Preferred Channels Of sale  

The following are the agreed channels of sales and reminder that you set our retails via your information and all sites will reflect the pricing you provide us. We do not change prices other then for store promotions as per our promotional calendar. We handle all listings and all data and all feeds and interactions with these companies.

 

Autoelec.com.au, SafetyHQ.com.au, Tools.com, Kogan.com, Catch.com.au, Mydeal.com.au, Ozsale.com.au, tradesquare.com.au, amazon.com.au, themarket.co.nz, digoptions.com.au, vicoffroad.com.au, autorepairsdirect.com.au, and various exclusive promotions by mutual agreement can appear on Tools.com, ebay.com.au, themarket.co.nz, trademe.co.nz 

Ethical Sourcing Statement        

 

1. The Supplier must ensure that its employees and the employees of its subcontractors are employed and treated in accordance with all applicable laws and understood basic Ethical Sourcing Code of Conduct.

 

2. Tools.com requires all Suppliers to take adequate steps to ensure that the factories from which they source Products and parts operate in accordance with international labor and safety standards, and Tools.com’ Ethical Sourcing Code of Conduct. We prefer BSCI standard for India, China etc. And for the sole purpose of ensuring the supplier’s compliance with these supplier trading terms, may request an audit of its compliance.

 

3. The Supplier must ensure that no form of Modern Slavery is used in the Supplier’s business (or by its directors, officers, employees, agents, representatives, contractors or subcontractors); and promptly notify Tools.com on becoming aware of any incident or allegation of Modern Slavery in its supply chain (including by providing full details of such incident or allegation. In this clause, “Modern Slavery” means any practice or conduct that constitutes slavery, forced labor, involuntary servitude, debt bondage, human trafficking, and other slavery-like exploitation as prohibited or defined as a modern slavery offence under all applicable anti-slavery and human trafficking laws, statutes and codes from time to time in force including the Criminal Code Act 1995 (Cth) and the Modern Slavery Act 2018 (NSW), or any similar practice or conduct. Breach of this clause 32 is considered a material breach of these Supplier Trading Terms and will entitle Tools.com to cancel any orders already place.