Terms of Use

terms and conditions

Legal Agreement

  1. The Hills website at the URL www.hills.com.au and/or any page accessible on it (Website) is owned and operated by Hills Limited (Hills). By placing orders for products made available from time to time (Products) on, or dealing with Hills through, this Website, you accept without limitation, modification or qualification, the terms and conditions set out in this document (Website Terms).
  2. By placing an order for a Product via the Website, you agree that Hills' Standard Terms and Conditions of Supply https://www.hills.com.au/terms-and-conditions/ (Supply Terms), as supplemented by these Website Terms, will apply to that order.  You agree that nothing in this document affects or restricts the Supply Terms, and that these Website Terms apply in addition to the Supply Terms.  In the event of an inconsistency between these Website Terms and the Supply Terms, the Supply Terms will prevail to the extent necessary.
  3. Where you and Hills are parties to an arrangement under which Hills' standard Trading Terms Agreement (Trading Terms) apply, then these will continue to apply to both you and Hills, and you agree that nothing in this document affects or restricts the Trading Terms, and that these Website Terms apply in addition to the Trading Terms.  In the event of an inconsistency between these Website Terms and the Trading Terms, the Trading Terms will prevail to the extent necessary.
  4. Subject to the preceding clauses, these Website Terms, the Supply Terms and (where applicable) the Trading Terms comprise a legal agreement between you and Hills, and by accessing and using this Website in any manner whatsoever, you are representing to Hills that you have read, understood and agree with the Website Terms, the Supply Terms and (where applicable) the Trading Terms in full.
  5. Hills reserves the right to modify the Website Terms in its absolute discretion from time to time without individual notice to you. You should periodically monitor the Website Terms to ensure that you are updated as to any modifications, which will be effective from the date of posting or such other future date as Hills may specify. You will be deemed to have read, understood, agreed to and accepted any modifications to the Website Terms if you continue to use the Website after the effective date of such modifications.
  6. If you do not agree to any part of the Website Terms or otherwise do not wish to be bound by the Website Terms, you must not access or use the Website.

No Guarantees or Warranty

  1. Hills has made every reasonable attempt to ensure the accuracy of the information displayed on the Website. However, Hills does not guarantee that the information is complete, correct or current at all times and to the maximum extent permitted by law accepts no liability for any reliance placed by any person on the information displayed on the Website.
  2. Without limiting the above, Hills makes no guarantee with respect to the availability of any Products listed or shown on the Website and their price is subject to change without notice. The Website and its contents are provided on an "as is" and "as available" basis.
  3. With respect to any special offers advertised through the Website from time to time, such offering shall be subject to any specified conditions of sale and availability of the Product.
  4. Hills agrees to provide such warranty (if any) in respect of the Products as set out in the Supply Terms.  You agree that neither these Website Terms, the Trading Terms or the Website create any express or implied warranties in respect of the Products, except as set out in the Supply Terms.
  5. Hills acknowledges that certain Australian legislation implies particular non-excludable requirements into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified (Non- Excludable Terms).  Hills does not by virtue of these Website Terms exclude, restrict or modify any of the Non-Excludable Terms with respect to the Products.  You agree that, to the extent permitted by law, Hills' liability for any Non-Excludable Terms is limited in the manner set out in the Supply Terms.

Returning Products

  1. For details on when you can return Products to us, and how to do so, please consult the Supply Terms.

Orders

  1. You understand, acknowledge and agree that information regarding Products displayed from time to time on the Website does not constitute an offer to sell by Hills, but rather an invitation to treat only.
  2. By completing the appropriate order form on the Website indicating the Product(s) you wish to order and submitting this completed form to Hills, you make an offer to Hills to purchase the Product(s) on these Website Terms and the Supply Terms together with any other additional terms specified in the order form. 
  3. No order that is submitted will be deemed accepted by Hills unless and until Hills has issued written acceptance of the order, and Hills will notify you by email whether your order has been accepted or rejected.  You acknowledge that Hills can reject any order that is submitted in its sole discretion.
  4. Upon receiving a confirmation email stating that an order has been accepted, a contract for the sale by Hills and purchase by you of the relevant Products, incorporating these Website Terms and the Supply Terms, and subject to the requirements of the Trading Terms (where applicable), will come into existence and the Product(s) purchased will be dispatched to you in accordance with our delivery terms set out below.
  5. Once your order has been submitted to, or accepted by, Hills, you cannot amend or cancel it, except as may be expressly permitted by the Supply Terms.

Payment

  1. If Hills has provided you with a credit facility pursuant to the Trading Terms, Hills may allow you to purchase Products via the Website using that credit facility, subject always to the Trading Terms.
  2.  If Hills has not provided you with a credit facility pursuant to the Trading Terms, you must make payment for the ordered Products and associated delivery services in full, without deduction, at the time of submitting your order. In this event, you can make payment to Hills via the Website at the time of placing your order for Products either by credit card or such other secure online payment facility as is made available on the Website from time to time.
  3. If you make payment for an order of Products via the Website and that order is rejected or otherwise declined by Hills, or if you cancel the order as permitted by these Website Terms, Hills will refund the amount you have paid in full, without deduction, onto the credit card or other payment facility through which you originally made payment.
  4. Notwithstanding any other agreement between you and Hills (including the Trading Terms), the prices as described in these Website Terms apply. For the avoidance of doubt, this means that, unless shown on the Website, no discount, rebate, incentive, commission, deduction, chargeback, setoff or special price shall apply to you or the Product.

Prices

  1. The prices of Products quoted on the Website are:
    1. shown in Australian dollars and are inclusive of GST where applicable;
    2. exclusive of delivery fees; and
    3. current at the time of display on the Website, but subject to change without notice
  2. Prices stated on the Website are for the supply (excluding delivery costs) of the relevant products. No allowance is made in any price for the provision of pre-delivery configuration or set-up, installation, commissioning, testing, troubleshooting or any other after-sale service (except that service which you are entitled to under the terms of our Warranty). If any such services are required, please consult with Hills. We reserve the right to charge for any such services and in any event, they will be offered at our sole discretion only.

Delivery

  1. Subject to Hills' acceptance, Hills shall deliver or arrange for delivery of the Products to your nominated address for delivery.
  2. You agree that you are responsible for the costs of delivery of the Products, and that, where you place an order, you will be required to accept such costs as part of the ordering process on the Website.
  3. You must specify the address to which you require Products delivered when completing your order form.
  4. You otherwise agree to the provisions of the Supply Terms with respect to the delivery of Products by Hills to you.

Title and Risk

  1. If a contract is formed between you and Hills, title to, and risk in, the Products will pass to you as specified in the Supply Terms.

Privacy

  1. To read our Privacy Policy, the terms of which are incorporated into and form part of these Website Terms, click here: https://www.hills.com.au/privacy-policy/
  2. For the avoidance of doubt, you agree that any and all personal information/data relating to you collected by Hills from the Website (including details relating to the ordering and purchasing of any Product) from time to time may be used and disclosed for such purposes and to such person as may be required for Hills to perform its obligations under these Website Terms or conduct its business generally.

Intellectual Property

  1. You acknowledge that Hills is the owner or authorised user of all intellectual property rights associated with the Website (Intellectual Property) (including but not limited to all intellectual property rights in and associated with the domain name www.hills.com.au, the "HILLS" name and logo, the Products, and all other trade marks, logos, text, graphics, images, photographs, data compilations, software and modifications to such items which are made or developed from time to time), and acknowledge and agree that nothing in these Website Terms includes any transfer of title or ownership to you of any such rights, and understand that you much not use or attempt to register any trade mark, business name or domain name which is similar or identical to any of those trade marks, business names, domain names and other brands used by Hills (including in connection with the Products).
  2. Hills grants to you a limited, non-exclusive, revocable licence to access and use the Intellectual Property and all other aspects of the Website solely for the purpose of making offers to Hills in accordance with these Website Terms to acquire Products as contemplated by the Trading Terms Agreement, and otherwise accessing and using the Website as permitted by these Website Terms. You may print and/or use the contents of the Website for personal non-commercial purposes only.
  3. Except as provided for in clause 2 of this "Intellectual Property" Section of the Website Terms, you must not use, reproduce, duplicate, copy, resell, access, reverse engineer, modify, create derivative works based upon or otherwise access any of the Intellectual Property or any aspect of the Website, whether in whole or in part, for any purpose without the prior written consent of Hills.
  4. You agree that the provisions of the Supply Terms apply with respect to intellectual property rights in the Products.

Security and Virus Protection

  1. Hills cannot and does not guarantee that the Website is virus-free and/or secure, and to the fullest extent permitted by law Hills will not be liable for any loss or damage suffered as a result of any virus or breach of security (including but not limited to loss or damage suffered by you or any other party as a result of payment information being submitted through the Website in connection with any ordered Products).

Links to Third Party Websites

  1. The Website may include links to other websites, contents or resources. These linked websites, content or resources may be operated by a third party and Hills makes no guarantee or representation as to the quality, reliability, accuracy, completeness or otherwise of these websites or information contained therein. The provision and existence of these links on the Website does not imply, and must not be construed as implying, that Hills endorses the link or provides any warranty, guarantee or representation with respect to its contents.

Use of Website

  1. You must not access (or attempt to access) any part of the Website by any means other than through the interface provided. Any suspected fraudulent or illegal activity of the Website (direct or indirect) may be referred to appropriate law enforcement authorities.
  2. Where you are required to provide information to Hills for the purposes of placing an order of Products and/or making payment of these Products, you agree to provide true, accurate, current and complete details. You must not impersonate another person or use a false name or that of a person you are not authorised to use.
  3. You agree that you use this Website at your own risk and in doing so agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of Australia in connection with access to, and use of, the Website.
  4. The Website is intended for use within Australia. Hills makes no representation that the Website is appropriate or available for use in other locations/jurisdictions outside Australia.

No Liability

  1. To the maximum extent permitted by law, but without affecting any warranty available in respect of Products under the Supply Terms, Hills disclaims all liability (including any indirect, incidental or consequential damage or loss) suffered or incurred by any person, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the Website and/or the Products, including but not limited to any loss, damage or expense arising from or in connect with any defect, error, imperfection fault, mistake or inaccuracy in, of, or on the part of (as applicable) the Website or its contents and/or the Products.
  2. You agree that Hills' liability to you is further limited in the manner set out in the Supply Terms.

General

  1. Hills will not be liable for any delay in performing any of its obligations under these Website Terms if such delay is caused by circumstances beyond its reasonable control.
  2. The Website Terms shall be governed by and interpreted in accordance with the laws of New South Wales, Australia and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of New South Wales, and to the Federal Court of Australia sitting in New South Wales.
  3. If any part of the Website Terms is found to be void, illegal or unenforceable by a court of competent jurisdiction then that part shall be severed from the balance of the Website Terms and shall not affect the continued operation of the remaining provisions.
  4. No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under these Website Terms.
  5. You consent to receiving any notices or communications to which these Website Terms refer from Hills in electronic format, including without limitation by email or by posting on the Website.
  6. This document, along with the documents it incorporates by reference including the Supply Terms and (where applicable) the Trading Terms, contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Website Terms and has no further effect.
  7. You acknowledge the right of Hills to take action against you to prevent a breach of these Website Terms and further acknowledge that damages may not be an appropriate remedy in those circumstances. You also agree to promptly do all things required by law or reasonably requested by Hills to give effect to these Website Terms.