TERMS & CONDITIONS
WHAT YOU MUST NOT DO.
You must not:
Use Marketstreet Construction for any activities, or post or transmit to or via https://www.marketstreetconstruction.com in any information or materials, which breach any laws or regulations, infringe a third party’s rights or privacy, or are contrary to any relevant standards or codes.
Use this website in a way, or post to or transmit to or via https://www.marketstreetconstruction.com on any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying https://www.marketstreetconstruction.com
Use this website to send unsolicited commercial or bulk electronic mail messages to anyone.
Make any fraudulent or speculative inquiries, bookings, reservations or requests using this website
Use another’s Member ID or name without permission.
Provide false information when registering or changing your registration details
Impersonate another person when using this website.
Post to or transmit to or via https://www.marketstreetconstruction.com in any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
Tamper with, hinder the operation of or make unauthorized modifications to the website.
Knowingly transmit any virus or other disabling feature to or via the website; and Attempt any of the above acts or permit another person to do any of the above acts
LINKS TO OTHER WEBSITES.
We reserve the right to prevent third parties from linking to this website.
TERMS OF SALE
Prices shown are in the United States dollars and include GST where applicable. Prices are subject to change. Images of products shown without any advertised price beside that image are not offered for sale. Unless otherwise stated, any accessories shown in any image of products are not included in the price. We reserve the right to correct any errors published on the website.
Special order products which need to be back ordered from a supplier can not be cancelled.
Each product purchased is sold subject to its Product Description. We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto our system. Although we aim to keep the website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website without notice.
Photographs of goods are for illustrative purposes only and while we do our best to ensure they match the product description, they may vary from the goods described. Images may include additional elements for demonstration purposes e.g. saw blades, saw stands and other accessories.
All payments must be made in full prior to delivery.
Payments must be made via our merchant or PayPal secure payment gateway facility accessible via the website and will be subject to any terms and conditions of these providers.
Insiders can not be currently used for payment online and online purchases will accrue points in line with the Insiders standard rules.
REFUSAL OF TRANSACTION
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
1. Please choose carefully we recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.
2. You and Marketstreet Construction may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
i. placing an electronic Order for the products using the website;
ii. you confirming the Order details in accordance with the procedure on the website;
iii. you making payment in full (plus any applicable delivery charges) on the website; and
iv. the acceptance of that offer by Marketstreet Construction, LLC.
3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
i. any requirements set out in these terms have been met;
ii. the electronic instruction containing the offer from you enters and is recorded in our database;
iii. a record is created and stored in our database; and
iv. Marketstreet Construction receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
4. You acknowledge that:
i. the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Marketstreet Construction, LLC for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website provider or systems;
ii. to the extent permitted by law, Marketstreet Construction is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
iii. Marketstreet Construction, LLC may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
iv. Marketstreet Construction may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5. You will receive an email from Marketstreet Construction, LLC as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact us via our website.
6. If your Order is not accepted by Marketstreet Construction, LLC, Marketstreet Construction will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
7. Marketstreet Construction, LLC may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Marketstreet Construction, LLC cannot supply a particular product, Marketstreet Construction will notify you by telephone or email as soon as possible.
9. Marketstreet Construction, LLC will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
SUPPLY & DELIVERY
Subject to you complying with these Terms and acceptance of your Order by Marketstreet Construction, Marketstreet Construction, LLC will sell and supply the products to you as shown on your Order confirmation.
Marketstreet Construction aim to dispatch all orders within 1-2 days. In the unlikely event that this is not possible you will be contacted at the earliest opportunity.
During the order process you will be prompted to select delivering and accept the delivery charges accordingly.
ORDERS FOR DELIVERY BY COURIER
The terms of this clause apply where you select to have your goods delivered to a specified address.
The delivery address must be an address within the United States and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes or parcel lockers.
On acceptance of your Order by Marketstreet Construction, LLC, Marketstreet Construction will aim to dispatch to your specified delivery address generally within 1-2 days.
You will be required to be available in person to accept delivery of your Order.
Marketstreet Construction, LLC will use its best endeavors to deliver your Order within any stated time for dispatch, however Marketstreet Construction does not warrant that these times will always be met, as many factors may affect these conditions.
Marketstreet Construction, LLC cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
For more information on delivery visit our delivery page.
DELIVERIES THAT REQUIRE A FORKLIFT OR LOADING DOCK
If you are ordering a large item that requires a forklift or loading dock for delivery and you have these facilities available for the delivery then please tick the appropriate box at the checkout. In some circumstances this may reduce your delivery charge as we will not need to cater for these requirements. Please note, if you confirm that a forklift or loading dock is available but when the delivery arrives it is not, the delivery will be aborted and you will be charged a re-delivery fee. Your original delivery charges will not be refunded.
TITLE & RISK IN GOODS
Title and risk in the products, such as loss and damage, pass to you once payment has been completed or on delivery as the case may be.
PAYPAL AND CREDIT CARD FRAUD
The website employs our merchants and PayPal secure payment gateway to secure our payment systems. We reserve the right to request additional identification from customers, and to reject orders where the ID is not supplied or does not meet our criteria.
To the extent permitted by law, Marketstreet Construction, LLC will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorized manner.
DISCLAIMER AND INDEMNITY
(1) To the extent permitted by law, Marketstreet Construction, LLC excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorized access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Marketstreet Construction, LLC and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Marketstreet Construction, LLC, Marketstreet Construction, and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).