Terms and Conditions

1. Your Acceptance

This agreement is a contract between the customer (you) and Collier & Miller Pty Ltd, ABN 97 000 521 344, 43 Jondaryan Avenue, Griffith, New South Wales, 2680, Australia (Collier & Miller).These terms apply to your access and use of www.colliermiller.com.au including the ordering, purchase, and delivery of goods, and any other services or functionality made available through the website, and form a contract between you and Collier & Miller.These terms contain important information about the ordering, processing, and delivery of goods, including limitations of liability.Other important terms may also apply to your use of www.colliermiller.com.au such as our Returns Policy, Privacy Policy, and specific terms for certain goods as identified in the product description field on the website (e.g. Supplier Direct Terms).Collier & Miller may from time to time review and update these Online Terms & Conditions to take into account new laws, regulations, products or technology. Your use of www.colliermiller.com.au will be governed by the most recent Online Terms & Conditions published on the Website. It is your responsibility to check the Website regularly for updated versions of the Online Terms & Conditions.

You agree to be bound by these Online Terms & Conditions when you:

  1. Use, browse or access any part of the website;
  2. Register an account with the website;
  3. Place an order through the Online Store.

If you have any questions please contact our Customer Service Centre on 1800 100 390 and we will be happy to assist you.

2. Definitions 

Bulky Goods are large goods where extra handling and additional resources are required for delivery. Additional delivery fees, requirements and restrictions may apply.
Business Day means a normal week day in which businesses are open for trade in Griffith, NSW, Australia. I.e. it excludes weekends and public holidays.
Delivery Address means the address to which the goods are to be delivered as stated on your order.
Delivery Agent means a nominated third party delivery or shipping company for Collier & Miller.
Delivery Fee means the fee charged by Collier & Miller for the delivery of Goods.
Goods means items offered for sale on the website
GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision in New South Wales, Australia.
Order means a request by you to purchase Goods from Collier & Miller.
Personal Information has the meaning given in the Privacy Act 1988 (Cth).
Price means the purchase price of each Good as specified on the Website (including GST).
Privacy Policy means the Collier & Miller Privacy Policy found on the Website.
Restricted Goods means Goods subject to restrictions, including Goods that may not be sold to minors (such as knives or spray paint) and dangerous Goods that have shipping restrictions.
Returns Policy means the Collier & Miller Returns Policy found on the Website.
Website means the sites available from http://www.colliermiller.com.au.
Website Terms means the terms governing your use of the Website, in addition to these Terms.
We, Us, Our and Collier & Miller means Collier & Miller Pty Ltd (ABN 97 000 521 344).
You and Your means you as the purchaser of Goods from Collier & Miller.

3. Placing Orders for Goods

3.1 An Order submitted by you is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order.

3.2 In completing the Order form, you agree to provide complete and accurate personal details (or those of the recipient) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to deliver your Order.

3.3 Collier & Miller will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in an Order by you.

3.4 Where you place consecutive or separate Orders, we cannot consolidate the Orders into one. A separate Delivery Fee may apply to each order.

3.5 You will be provided with an Order Confirmation by email when you submit your Order. This email will confirm the details of your Order, Delivery Instructions, and Delivery Address. Your Order Confirmation will also provide you with an Order Number which is required when contacting our Customer Service Centre about your Order.

3.6 Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless by agreement with Collier & Miller or otherwise under these Terms). However, you can return Goods under our Returns Policy. You should check your Order carefully before submitting your Order. For Order cancellations, please refer to terms on cancellations or returns see clause 12

4. Acceptance and Rejection of Orders

4.1 Collier & Miller reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it constitutes an agreement by Collier & Miller to supply the Goods under these Terms. You will receive an email confirming details of your Order.

4.3 If we reject an Order, we will notify you of the reason by email or phone with 5 Business Days.

4.4 Collier & Miller will not be liable to you or any third party for any loss, damage, cost, expense, or injury incurred if we reject an Order.

4.5 If we reject an Order and your payment has already been processed, we will refund any money paid to us in respect of that Order.

4.6 If we cannot contact you about your Order using the contact details you provide in the Order, after having made reasonable attempts to contact you, we will reject the Order under clause 4.1.

4.7 Collier & Miller does not accept Orders via the Online Store for delivery outside Australia. If you are located outside Australia and wish to purchase Goods from Collier & Miller, please contact our Customer Service Centre by email (sales@colliermiller.com.au) or phone (+61 2 6969 4500).

5. Availability of Goods

5.1 From time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this happens, Collier & Miller will use reasonable endeavours to either:

  1. source the Goods; or
  2. contact you within 5 Business Days to either:
    1. arrange a full or partial refund;
    2. change your Order to replace the Goods with a comparable product in a similar price range (where available) as agreed by you; or
    3. come to an alternative arrangement.
  3.  Where a comparable product or alternative agreement cannot be agreed, we will refund you the Price paid for the Goods.

5.2 We may withdraw or suspend from sale any Good displayed on the Website, either temporarily or permanently, at any time. Collier & Miller will not be liable for any loss you or any third party suffers as a result of a withdrawal or suspension of sale of a particular Good.

5.3 Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Good has already been processed, we will refund any money paid to us.

5.4 Collier & Miller reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your order is affected by an error on the Website (for example, and error in description, pricing, or otherwise), we will contact you within 5 Business Days to advise you of the part of your order affected by the error, and offer you a refund of that part of the order and fulfil the remainder of the order. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us under the Returns Policy.

5.5   You acknowledge and agree that:

  1. all pictures and images of Goods displayed on the Website are for illustrative purposes only, and the sizes and dimensions of Goods may differ in real life, and any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;
  2. you have read any written description of the Goods on the Website before submitting your Order;
  3. the colour of the Goods as shown on the Website may vary slightly in real life; and
  4. where we provide dimensions and measurements in the description of a Good, it is your responsibility to ensure that the actual size of each Good is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for the delivery of the Good).

 6. Price and Payment

6.1 The Price in respect of a Good is specified on the Website.

6.2 For all Website users who do not have a registered user account, prices are quoted in Australian Dollars and where applicable, inclusive of Goods and Services Tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.

6.3 For all customers with a registered user account on our Website, prices are quoted in Australian Dollars and where applicable, inclusive of Goods and Services Tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms also include GST where applicable.

6.4 For all customers who have a registered user account on our Website, that is linked to Customer account setup directly with Collier & Miller’s physical store located at 43 Jondaryan Avenue Griffith NSW 2680 (E.g. You hold a Credit or Cash Sale Account direct with Collier & Miller), prices are quoted in Australian Dollars and where applicable, Exclusive of Goods and Services Tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms are also quoted exclusive of GST. GST will be shown separately in your shopping cart, and at the checkout stage of your transaction on the Website where applicable.

6.5 Collier & Miller reserves the right to change or alter Prices of Goods on the Website without notice to you. If you have already submitted an Order at a particular Price, there will be no change or alteration to that Price (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).

6.6   For each Order, we will charge and you will agree to pay:

  1. the Price (which is the Price at the time the Order is submitted);
  2. the Delivery Fee.

6.7 You can pay for your Goods by any of the methods specified on the Order form on the Website, including Credit Card (MasterCard & Visa Only), Debit Card, PayPal, Direct Deposit, or charge your Collier & Miller credit account (if you hold a valid credit account with Collier & Miller). For all payment methods other than charging your Collier & Miller credit account, payment will be processed at the time of placing your Order.

6.8 Any payment for an Order must be cleared by Collier & Miller before Goods will be despatched. If your payment cannot be processed, your Order will be rejected under clause 4 and you will be notified on the Website. If a credit card payment cannot be processed you should contact your card issuer to try and resolve the problem, or use an alternative payment method in order to continue with your Order.

6.9 In paying or attempting to pay for Goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.

6.10 You will receive an Order confirmation by email once payment has been processed.

7. Refunds

7.1 If Collier & Miller process a refund under these Terms, it will use reasonable endeavours to process the refund within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Collier & Miller is not liable for any loss, damage, cost, expense, or injury you or any third party incurs as a result of any delay in processing your refund.

7.2 It is a condition of MasterCard, Visa and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Collier & Miller is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all transactions will be processed in accordance with these scheme rules.

8. Delivery

8.1 Collier & Miller uses Delivery Agents to deliver your Goods. You agree that your details, including your Delivery Address, will be supplied to the Delivery Agent for the purpose of delivering your Goods.

8.2 We are unable to deliver Goods to PO Box addresses (except for Gift Cards).

8.3 Delivery is available only within Australia for all Goods.

8.4 If you are located outside of Australia you are unable to purchase Goods on the Website for delivery outside of Australia. If you wish to purchase goods for delivery outside of Australia, please contact our Customer Service Centre who will be able to advise if it is possible to deliver to your country, and provide you with a delivery quote (Please note certain suppliers place restrictions on where their products can be sold).

8.4 For Bulky Goods, we will contact you to provide you with delivery availability and a quote for delivery for your acceptance, before accepting payment and processing your order. Delivery of Bulky Goods may not be available to all areas within Australia.

8.5 The Delivery Fees Collier & Miller charges on our Website for each Order (except for Bulky Goods) depend on the Goods ordered and the Delivery Address. Delivery Fees will be calculated before completing the checkout process on the Website.

8.6 Where your Order has multiple Goods that include Bulky Goods, we will only process the Goods on your Order that are not Bulky Goods, and will contact you to provide you with a delivery quote on the Bulky Goods as per clause 8.4.

8.7 We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order, and we will refund any payment made under clause 7.

8.8 Subject to clause 8.9, Collier & Miller aims to achieve the delivery of accepted Orders within the time frames set out below:

  1. all orders (excluding Bulky Goods):
  • To capital cities and major regional locations within the Australian Capital Territory, New South Wales, Victoria and Queensland within seven (7) Business Days.
  • To capital cities and major regional locations within South Australia, Tasmania, Western Australia and the Northern Territory within ten (10) Business Days.
  1. Please allow additional time for all orders to small and remote regional areas in clause 8.8 (a).
  2. for Bulky Goods, Collier & Miller will advise on an estimated delivery date once a delivery quote has been agreed on. Please be aware that Bulky Items may require the use of Delivery Agents that do not have a standard delivery schedule.

8.9   Notwithstanding the delivery times in clause 8.9:

  1. Collier & Miller cannot guarantee that delivery will occur within the delivery time frames; and
  2. Collier & Miller is not liable for any loss, damage, cost, expense or injury that you or any third party suffers as a result of a delay in delivery or change in delivery times.

8.10 During major sales events and holiday periods Orders may experience delivery delays.

8.11 Delivery of Goods will take place at the Delivery Address specified by you in the Order.

8.12 If you are not personally available to accept delivery, you may appoint a representative to accept delivery in your place, subject to clause 8.13.

8.13 On delivery, the Delivery Agent may require you or your representative to provide them with proof of identity, such as a photo ID.

8.14 To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address at the time of placing your Order. This includes, without limitation:

  1. parking restrictions at the Delivery Address;
  2. restricted, or limited access to the Delivery Address;
  3. for Bulky Goods, unloading facilities to safely unload the Goods.

8.15 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address, or it is unsafe or impractical to make delivery for any other reason, and delivery is not made, a calling card will be left for you to collect the Goods (except for Bulky Goods) from the Delivery Agent. It is your responsibility to follow the instructions stated on the calling card.

8.16 Where you do not collect your Goods from the Delivery Agent after a failed delivery within the time frame specified by the Delivery Agents calling card, you may be required to pay additional Delivery Fees to either Collier & Miller and/or the Delivery Agent.

8.17 You or your representative may be required to sign a delivery form to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of a refusal to accept delivery, you may be required to pay additional Delivery Fees.

8.18 Once delivered, you must let us know about any damaged, missing and incorrect Goods within five (5) Business Days of delivery by contacting our Customer Service Centre on 1800 100 390 or email us at sales@colliermiller.com.au. Any Goods replaced due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any Goods returned to us under our Returns Policy due to you changing your mind about the purchase will attract another Delivery Fee.

8.19 Insurance is not available.

8.20 Express delivery is not available from the Website. If you require an urgent delivery, please contact our Customer Service Centre on 1800 100 390 to place your Order.

8.21 For Bulky Goods, you must ensure you will be available to accept delivery at the Delivery Address on the delivery date as agreed between you and Collier & Miller’s Delivery Agent. You must also ensure you have the necessary facilities to unload the Bulky Goods as per clause 8.14 and 8.15.

8.22 Some goods may require assembly. The Delivery Agents are not required to unpack, assemble or construct Goods as part of the delivery service. Assembly of the Goods is your responsibility and at your expense.

8.23 Prior to your Order being dispatched, it may be possible to modify your Order by calling our Customer Service Centre.

8.24 Delivery of your Order will not be permitted until your payment has been cleared.

8.25 Once payment has been cleared, risk and title in the Goods passes to you on the date and time of delivery of the Goods by Collier & Miller or our supplier to the Delivery Agent, or when the Goods are collected from our store by you or your nominated representative.

9. Supplier Direct Delivery

9.1 Some Goods may be supplied direct to you from our suppliers.

9.2 Supplier direct Goods are delivered separately to any other Goods in an Order, and may incur an additional Delivery Fee which will be specified on the Website.

10. Restricted Goods

 10.1 You agree that in ordering Goods that are Restricted, that:

  1. You are aged 18 years or over;
  2. You acknowledge that it is against the Law to sell or supply Restricted Goods to, or obtain Restricted Goods on behalf of a person under the age of 18 years; and
  3. You warrant that you are not obtaining the Restricted Goods on behalf of a person under the age of 18 years.

10.2 Where Collier & Miller has reasonable grounds for believing you have breached clause 10.1, Collier & Miller may reject your Order under clause 4.1. If this occurs we will refund any money paid to us in respect of your Order under clause 7.

 11. Risk and Title

11.1 Title to all Goods in your Order does not pass until payment in full has been cleared. Goods will not be available to be picked up or delivered until this occurs.

11.2 If you elect to pick up your Order from our premises, located at 43 Jondaryan Avenue Griffith NSW 2680, Risk and Title in the Goods passes to you on the date and time of collection of your Order by you or your nominated representative.

11.3 If you elect to have your Order delivered to you by our Delivery Agents, then:

  1. Risk of loss or damage to the Goods in your Order passes to you when we deliver your Order to our Delivery Agent;
  2. If your Order is being shipped direct from our supplier, risk of loss or damage to the Goods in your Order passes to you once your Order is delivered to the Delivery Agent;
  3. Title to all Goods in your Order passes to you upon delivery.

12. Order Cancellation, Changes and Returns

12.1 Unless provided for under these Terms, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to your stated Delivery Address. You should carefully check that your Order is accurate before you submit it to us.

12.2 If after submitting your Order, it may be possible to cancel or change your Order, provided you contact us prior to your Order being processed and despatched by us. You must contact our Customer Service Centre by telephone on 1800 100 390. Once an Order has been despatched by us it is not possible to cancel or change your Order.

12.3 Goods can only be returned under the Returns Policy. Collier & Miller’s Returns Policy forms a part of our Online Terms & Conditions and can be viewed on this Website.

12.4 If you wish to return an Order under the Returns Policy, please call the Customer Service Centre on +61 2 6969 4500.

13. Product Recalls

13.1 Where a Good is subject to a product recall, you consent to Collier & Miller (and/or our Supplier) contacting you, using the personal information provided on your Order, to notify you of the recall by either telephone, email or post.

14. Promotions and Discounts

14.1 The Goods, Prices and promotions that are offered on the Website may not correspond to those available in our store at 43 Jondaryan Avenue Griffith NSW 2680.

14.2 Collier & Miller’s Website does not price match. If you have a large order, or for any trade enquires please contact our Customer Service Centre on 1800 100 390.

14.3 You may receive online offers and promotions, whether mailed to your postal address, distributed in our store, or emailed to you, which include a promotional coupon code for use when shopping on our Website. It is your responsibility to ensure that you enter the code at the time of purchase. We cannot apply coupons after your order has been submitted. Separate terms may apply to the use of the promotional coupon code, please read these carefully.

14.4 All references to dates and times in promotions are based on the local time in Griffith, New South Wales, Australia.

15. Gift Cards

 15.1 Gift Cards should be treated like cash. Where possible Collier & Miller will replace lost or stolen Gift Cards. This is only possible if proof of purchase can be provided and the Gift Card has not yet been redeemed. The only accepted proof of purchase will be a Collier & Miller Tax Invoice which states the Gift Card serial number.

15.2 Gift Cards expire 12 months from date of issue. Any unused amount of the Gift Card is not redeemable for cash.

15.3 Gift Cards are not redeemable for cash, they can only be used to purchase Goods from Collier & Miller.

16. Privacy

 16.1 Collier & Miller complies with all applicable Australian Privacy Laws. Please refer to our Privacy Policy for further information about how Collier & Miller protects and uses your personal information. Collier & Miller’s Privacy Policy forms a part of our Online Terms & Conditions and can be viewed on this Website.

17. Warranties you make to Collier & Miller

 17.1 You represent and warrant to Collier & Miller that Collier & Miller will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Online Terms & Conditions.

17.2 Subject to any rights you have under any consumer protection law, Collier & Miller excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. You are entitled to certain rights under consumer protection law that cannot be excluded.

18. Termination

 18.1 Collier & Miller reserves the right, at its discretion, to terminate the agreement for the supply of Goods to you and your use of the Website:

  1. For convenience, at any time, upon provision of notice to you;
  2. Immediately if Collier & Miller reasonably believes that you have breached these Online Terms & Conditions, and:
    1. That breach is not capable of remedy; or
    2. If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

19. General

 19.1 Collier & Miller reserves the right at all times to make changes to these Online Terms & Conditions. Any variations to these Online Terms & Conditions will come into effect as soon as they are posted on the Website. The Online Terms & Conditions that are on the Website at the time you place your Order will be the Terms & Conditions that govern your Order.

19.2 A failure or delay by Collier & Miller to exercise a power or right under these Online Terms & Conditions does not constitute a waiver of that power or right.



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