GENERAL TERMS AND CONDITIONS OF TRADE (1/09)

To the fullest extent legally permissible all dealings between you and Maton(and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as Maton Online [the “goods”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:

1. Agent for Disclosed Principal: You acknowledge that Maton acts at all times as agent for a disclosed principal being Maton Pty Ltd ABN 34 004 320 361 ("Maton") in respect of all dealings with you.

2. Payment, Currency and Purchase Price: a) Payment shall be made by valid credit card or gift certificate. b) Payment shall be made in Australian dollars and if applicable on the basis of the current exchange rate determined by your credit card merchant. c) When payment is made by gift certificate: (i) if the value of your gift certificate is less than the total amount of your order payment for the balance of the order must be paid by valid credit card; and (ii) if the value of your gift certificate is more than the total amount of your order the remaining balance of your gift certificate will be stored with your gift certificate pin number to be applied against your next purchase. d) All Australian government imposts (including any GST or equivalent if applicable) shall be to your account. e) Prices for international customers exclude government imposts (including any GST or equivalent, import duty and/or sales tax) which shall be to your account.

3. Gift Certificates: a) You agree that gift certificates: (i) must be redeemed through the Maton Online Merchandise towards the purchase of goods displayed on the Maton Online; (ii) cannot be used to purchase other gift certificates, merchandise on-site at Maton Pty Ltd; (iii) are not redeemable for cash, are non-transferable and cannot be returned for a cash refund; and (iv) are valid for 12 months from date of purchase. b) Only 1 gift certificate may be redeemed per order. c) If Maton believes in its absolute discretion that a fraudulently obtained gift certificate is used at Maton Online then Maton may close your account and/or require alternative forms of payment.

4. Property: Immediately on delivery you accept liability for the safe custody of goods and indemnify Maton for any related losses.

5. Limitation of Liability: a) You agree to limit any claim to the cost of replacement goods and/or gift certificates, or supply of equivalent goods and/or gift certificates. b) Maton shall not be liable for: (i) any claim, loss or expense which is made after 7 days from the date of delivery of goods (or at all once goods have been unpacked or otherwise used, applied or installed) – after which there shall be deemed to have been unqualified acceptance; (ii) goods lost in transit; (iii) any loss and/or damage in respect of any property and/or premises; (iv) any consequential loss and/or any special and/or punitive damages through any fault of Maton or otherwise; (v) lost, stolen and/or destroyed gift certificates; and/or (vi) any claim in any way caused and/or contributed to by you and/or any third party. c) These Terms shall prevail to the extent of any inconsistency with any other agreement, representation and/or warranty.

6. Cancellations and Returns: You agree: a) not to cancel any order without Maton’s prior approval; b) not to return goods without Maton’s prior approval and if goods are not in brand new and unused condition with undamaged packaging and if 14 days or more have passed since delivery; c) that Maton may take back faulty goods and/or goods in saleable condition on such terms as Maton considers to be reasonable; d) not to return goods without first providing Maton an original invoice as proof of purchase; e) that Maton does not give cash refunds; f) that no refund will be given for delivery costs you have already incurred; g) that you are solely responsible for the cost of returning goods to Maton.

7. Placement of Orders: a) You agree that if any dispute arises concerning any order (including any question of identity, authority or any phone, fax or computer generated order) the internal records of Maton shall be conclusive evidence of what was ordered. b) Maton shall use its best endeavours to process and dispatch your order within three (3) working days subject to stock levels.

8. Supply and Delivery: a) Maton may supply by instalments and/or withhold or cancel supply without ramification where: (i) Maton has insufficient goods to fulfil orders; (ii) goods are not available to supply; (iii) you are in breach of these Terms; (iv) Maton has any safety concerns; and/or (v) Maton considers it appropriate whether because of any minimum invoice policy or otherwise. b) You agree that: (i) Maton may elect to arrange delivery at its discretion and without any liability and at your cost and responsibility in all things; (ii) you shall be deemed to have accepted delivery and liability for goods on being notified by Maton that goods are ready for collection and/or on goods being delivered to a carrier or to your business premises or nominated site whether attended or not; (iii) a certificate purporting to be signed by an officer of Maton confirming delivery shall be conclusive evidence of delivery as shall any signed delivery docket; and (iv) Maton shall not be liable for delay, failure or inability to deliver any goods. c) You agree: (i) that Maton may in its absolute discretion allow you to cancel any order where circumstances other than force majeure or your actions delay or prevent fulfilment of any order and in such circumstances Maton may in its absolute discretion provide an appropriate refund; and (ii) to pay Maton for any demurrage or other costs and expenses in handling and/or holding any goods once ready for delivery and/or collection.

9. Variations: To be binding any variation or cancellation of these Terms or any order must be approved by Maton in writing.

10. Exclusions: a) No dealing between Maton and you shall be or be deemed to be a sale by sample. b) If Maton publishes material concerning its goods and/or prices anything so published which is incompatible with these Terms is unless otherwise stated expressly excluded. c) You shall rely on your own knowledge and expertise in selecting any goods for any purpose and any advice and/or assistance given by or for Maton shall be at your risk and shall not be or be deemed to be given as expert or adviser nor to have been relied on by you or anyone claiming through you. d) All goods are sold subject to all applicable trading terms, warranties and representations of the manufacturer. e) Maton shall not be responsible nor liable for: (i) paying and/or obtaining any necessary judicial, statutory, government and/or utility fees, expenses, orders, approvals, permits and/or licences; and/or (ii) any failure to comply with any special requirements of you or any other person (whether relating to manufacture, design, fabrication, installation and/or any other particular intended use of any goods or otherwise). f) Maton shall not be liable for any goods: (i) utilised, stored, handled and/or maintained incorrectly or inappropriately; and/or (ii) manufactured and/or supplied by any other party. g) You agree to: (i) check all goods for compliance with all applicable laws, standards and/or guidelines before use, on-sale and/or application; (ii) comply with all applicable laws, standards and/or guidelines and with all recommendations and/or directions made and/or given by Maton and/or by any manufacturer; and (iii) act in accordance with good practice at all times.

11. Default: a) On default or breach of any part of these Terms by you Maton may inter alia terminate any contract, retain all monies paid, cease further deliveries and/or provision of services, recover all lost profits and/or at its discretion take immediate possession of any goods not paid for without prejudice to any other rights and without being liable in any way to any party. b) You agree not to commence or continue or permit to be commenced or continued through you any suit or action against Maton while you are in default under any part of these Terms or in any of your dealings with Maton. c) You agree to indemnify Maton for all fees and expenses payable to solicitors, mercantile agents and other parties acting on behalf of Maton in respect of anything instituted or being considered against you whether for debt, possession of any goods or otherwise (including all legal costs on an indemnity basis). d) Maton may apply any payment in reduction of fees, interest and/or any principal debt in such order of priority as Maton in its discretion deems appropriate.

12. Indemnity: You fully indemnify Maton against any claim or loss arising from or related in any way to any dealing between Maton and you and/or arising under these Terms.

13. Other Terms and Conditions: No terms and conditions sought to be imposed by you upon Maton shall apply.

14. Jurisdiction: You agree that all dealings with Maton shall be governed by the law applicable in the State of Victoria, Australia and you agree to submit to the jurisdiction of the appropriate Court nominated by Maton in the capital city of Victoria, Australia.

15. Waiver: An election by Maton not to exercise any of its rights arising as a result of any breach of these Terms shall not constitute a waiver of any rights of Maton relating to any other breach.

16. Notice: You agree that you shall be deemed to have notice of any change to these Terms immediately any change is adopted by Maton and whether or not you has actual notice. You shall be deemed to be bound by any terms and conditions of trade which may be adopted by Maton immediately any change is adopted and notwithstanding any other purported or pre-existing terms and conditions which might otherwise have applied.

17. Force Majeure: Maton shall not be in default or in breach of any contract with you as a result of Force Majeure including any strike or lock-out.

18. Severability: Any part of these Terms shall be capable of severance without affecting any other part of these Terms.

19. Privacy Policy: To view Matons Privacy Policy, click here.

CUSTOMER SERVICE POLICY (1/09)

Maton Online is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct.

Please see DELIVERY TIMEFRAME section for standard delivery timeframes; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

WEBSITE TERMS OF ACCESS (1/09)

Your use of this website is subject to the following Website Terms of Access:

1. Ownership: This website, www.MatonOnline.com.au, is owned by Maton Pty Ltd ABN 34 004 320 361 ("Maton"). Except where indicated copyright in the information on this website is owned by Maton and all rights are reserved.

2. Acceptance of Website Terms of Access: (a) Your access and use of this website is conditional on your acceptance of and compliance with the Website Terms & Conditions. (b) You shall be deemed to have agreed to the Website Terms & Conditions by your continued use of and/or continued access to this website. (c) Maton may amend the Website Terms & Conditions at any time by posting the amended terms of Access on this website. The amended Website Terms & Conditions shall be deemed to be binding and effective immediately. Accordingly, you should periodically review the Website Terms & Conditions. (d) Any violation by you of the Website Terms & Conditions will result in immediate forfeiture of your right to use and access this website.

3. Restrictions on use: (a) This website is available only for your personal, non-commercial use. (b) Maton reserves the right to change or discontinue any feature of this website. (c) You may not copy, reproduce, publish, frame, post, upload, distribute, transmit and/or modify, in any way, any part and/or all of the material contained on this website, unless expressly authorised in writing by Maton. (d) This website is only available to, and may only be used by, persons who are able to form legally binding contracts. Without limiting the foregoing, this website is not available to and may not be used by persons under 18 years of age. (e) You may not use this website to collect personal information (including internet addresses of participating businesses).

4. Trade marks: All names, logos and trade marks are the property of Maton and/or the third parties who have contributed to this website (where acknowledged). Nothing on this website shall be interpreted as granting any rights to use or distribute any names, logos or trade marks without the express written authority of Maton or the relevant contributor.

5. No representations: (a) Maton make no representation(s) in respect of the accuracy, reliability, completeness or timeliness of the information and/or anything else contained in this website [the "Material"]. The Material may contain inaccuracies or typographical errors. The use of this website and the Material is strictly at your own risk. (b) The links provided to other websites are provided for your convenience and may not remain current or maintained. Maton nor KIK purports to approve, recommend or endorse the owners and/or operators of any linked website or of any information, products and/or services referred to on linked websites.

6. No warranties: Maton does not make any warranty with respect to the Material and/or this website. The Trade Practices Act 1974 (Cth) and all corresponding State legislation imply terms, conditions and warranties into particular contracts which are to govern and regulate the supply of goods and services [the "Prescribed Terms"]. Except as provided by the Prescribed Terms, all warranties whether express or implied by law and/or in any way relating to access to, or non-access to, this website and/or the use of and/or reliance upon this website and/or the Material are hereby expressly excluded. In addition, r Maton does not warrant that this website will operate free from error or that this website and its server are free of computer viruses and other harmful effects. Maton accepts responsibility for or shall be liable for any loss and/or damage resulting from your use of this website and/or the Material.

7. Limitation of liability: Except as provided by the Prescribed Terms Maton, their suppliers or any third parties mentioned on this website shall be liable for any loss and/or damage (including, without limitation, incidental and consequential damages and/or lost profits) resulting from your access to and/or inability to use and access this website and/or the Material and/or any linked material.

8. Termination: The Website Terms & Conditions are effective until terminated by Maton. Maton may proscribe your access to this website at any time without notice. In the event of proscription, you shall no longer be authorised to access this website. All restrictions imposed on you and all disclaimers and limitations of liability set out in the Website Terms & Conditions shall survive.

9. Governing law: The Website Terms & Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria as nominated by Maton from time to time.

10. Privacy Policy: To view Maton’s Privacy Policy, click here.
Should you require any further information please contact Maton on ph. +613 9896 9500 or send Maton an email at sales@maton.com.au

SHIPPING POLICY (1/09)

SHIPPING COSTS

1. Prices shown on our website exclude all postage and handling costs.
2. Shipping and handling is charged on a per order basis at AUD$9.95 per order shipped within Australia.
3. Shipping and handling is charged on a per order basis at AUD$19.95 per order shipped internationally.

DELIVERY TIMEFRAME

1. All orders are shipped within Australia and internationally by Australia Post. All fixed shipping costs are added prior to checkout.
2. Orders are dispatched within 2 business days of the time of ordering excluding public holidays and weekends.
3. Orders are estimated to arrive 3-7 days after shipping within Australia.
4. Orders shipped internationally are estimated to arrive within 14 days after shipping.

SHIPPING DESTINATIONS

1. Maton Online ships to most countries, however a list is available at time of checkout. If your country is not listed please contact Maton on ph. +613 9896 9500 or send Maton an email at sales@maton.com.au.

SECURITY POLICY

When purchasing from Maton Online your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.
128-bit SSL encryption is the industry standard for security. If you have any questions regarding our security policy, please contact our customer support on ph. +613 9896 9500 or send Maton an email at sales@maton.com.au.

PRIVACY POLICY (1/09)

PERSONAL INFORMATION

This Privacy Policy applies to personal information collected by Maton Pty Ltd ABN 34 004 320 361 trading as “Maton”. Maton is bound by the Information Privacy Principles of the Privacy Act 1988 (Cth) [the “Privacy Act”].

Your personal information requested on this website is required to process your order. We will only use your personal information for the purpose of processing your order and related purposes including to correspond with you regarding your order and to provide you with information relating to Maton Online information and promotions. If you do not wish to receive promotional information from us please log in and visit the My Profile section of the Maton Online, click the tick box at the bottom of the page asking you to ‘Please tick this box if you do not wish to receive additional promotional material from Maton Online’ and save your Profile.

We keep track of the domains from which users visit us. We analyse this data for trends and statistics, and then we discard it.

COOKIES

Other information may be sent to your computer in the form of an internet ‘cookie’ to allow us to better serve the files to you by tailoring information. The cookie is stored on your hard drive. Our server may request that your computer return a cookie to it. These return cookies do not contain any information supplied by you or any personally identifiable information about you. However, we use cookies to keep track of your Shopping Cart when you are using the Maton Online. Cookies must be enabled for you to make purchases through this website. For more information, please see Understanding Security and Privacy at the Security Centre on the Netscape website.

We cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release us entirely of all responsibility for any consequences of its use.

SECURITY

Your personal information is protected by encrypting it as soon as you submit your online order and it is decrypted as soon as it reaches the Maton Online fulfilment house. In addition, these transactions are always protected by the Secured Socket Layer.

If you choose to send your order via fax, please note that telecommunication lines are not secure/encrypted during facsimile transmission therefore you are entering your credit card details at your own risk. No responsibility is accepted for the security of your credit card details during transmission by facsimile.

HANDLING OF INFORMATION

We will only ask for and use personal information we reasonably need to conduct our business (e.g. to process your orders). Any and all information we may collect from you will be treated with strict confidentiality. The Privacy Act and general law place strict requirements on us to treat certain information collected as confidential.

In order to assist in the provision of relevant information, special offers and new products, we typically collect the following information from you (Note – you may choose not to receive these notifications):
your name and contact details
some personal details
other information that you will supply to us.

In addition, so that we can better understand where our customers come from and how they typically use the internet, we collect the following information to analyse the traffic to our site:
the name of the domain from which you access the internet
the date and time you access our site.

This information is retained in a form that does not allow you to be identified by it. Any information that we no longer require will be destroyed.

ACCESS AND CORRECTION

The security of your information is important to us. When we have collected information about you it cannot be seen or modified by anyone else. We make all reasonable efforts to ensure that information is stored securely both in electronic and physical form.

However, you may access your information at any time. If you would like to know what information we hold about you please contact our privacy manager. If you discover that there is an error or information is missing, please notify our privacy manager and we will try to correct or add the information as soon as possible.

We will try to ensure that all information we collect, use or disclose about you is accurate, complete and up-to-date. If you would like to talk to our privacy manager about this, or if you believe that our organisation has breached your privacy rights in any way, or you would like to discuss any issues about our privacy policy please contact:

The information you provide to Maton may be disclosed to:

Maton Pty Ltd ABN 34 004 320 361 trading as “Maton” as owner of the website www.matononline.com.au;
any related corporation of Maton;
any other entity contracted by Maton to provide services
any other person where required by law.

Maton does not give information about you to any other corporation or any other person unless one (1) of the following applies:

you have consented;
you would expect Maton to, or Maton has told you that it will;
it is required or authorised by law;
it will prevent or lessen a serious and imminent threat to somebody’s life or health; or
the disclosure is reasonably necessary for law enforcement or for the protection of public revenue.