Terms & Conditions
The below terms and conditions apply to all following online transactions which are made through the Eureka Insulation website and online store (www.eurekainsulation.com.au).
By purchasing Eureka Insulation products through the Eureka Insulation Website, you agree to our terms of trade. In the following terms and conditions ‘you’ means the individual and “we” and “us” refer to Eureka Insulation.
“Customer”, “You” and “Your” means the user of the Website and where applicable, the purchaser of the Product, as identified in the Eureka Insulation login form on the Eureka Insulation online store.
“Company”, “We”, “Us” and “Our” means Eureka Insulation and any employee, contractor or agent acting on our behalf.
“Products” means Eureka Insulation products and or accessories that are available for purchase from the Eureka Insulation online store at the time of your order.
“Delivery” means standard Eureka Insulation shipping to, and arrival at, the delivery address specified in your order form.
“Shipment” means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.
“Business Day” means between 8am and 5pm, Monday through to Friday, excluding public holidays in Australia and excluding Saturday and Sunday.
2. Statutory Consumer Guarantees
By placing an order for Products, You are exclusively accepting the terms and conditions of the Eureka Insulation Website and Online Store.
Eureka Insulation acknowledges that the Competition and Consumer Act 2010 contains statutory consumer guarantees that cannot be excluded. For example, consumers can rely on a guarantee that goods are of acceptable quality and are reasonably fit for purpose; and that services will be provided with due care and skill and are reasonably fit for their purpose.
These Terms and Conditions are not intended to exclude or restrict these guarantees.
3. Product Prices
Product prices are given inclusive of GST and exclude Delivery charges, which also include GST.
All orders are subject to acceptance by Eureka Insulation, as evidenced by Our acknowledgment by way of an automatically generated receipt from the Website. We reserve the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.
We will make all reasonable efforts to process Your order within 1 – 3 Business Days of receiving Your order. Orders placed on the weekend or on a Public holiday will not begin processing until the next Business Day.
We reserve the right to discontinue Products without notice, or to not supply any Product for any reason.
If your order is for a Product that is out of stock, Eureka Insulation will notify You and may offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If you choose to take a substitute Product, your order will be amended and a new acknowledgment will be sent to you by Eureka Insulation. If you choose to cancel your order due to any product you ordered not being in stock, and if you have already made a payment for your order, then you may also request to receive a full reimbursement of the payment amount(s) you have already made towards the cancelled order, and Eureka Insulation will reimburse your payment within 2 Business Days of receiving your request for the reimbursement.
Provided your delivery address is a physical address within New South Wales, Eureka Insulation will make all reasonable efforts to despatch or make available for pickup, Your Products within 3 Business Days, or the time stipulated in Your order form. If we are unable to deliver Your products within the specified time for any reason, we will notify you of any expected delay and may offer the option of a substitute Product (which may be a different price) or a refund of the payment made. If You choose to take a substitute Product, Your order will be amended and a new acknowledgment will be sent to You by Eureka Insulation. Your order status can be checked by logging in to the Website with Your account information. If You have any additional queries regarding your order please contact Us via the details on the Contact page on our Website.
Eureka Insulation will only deliver to a physical address within Australia. We do not deliver to PO boxes.
6. Shipment and Risk of Loss
Eureka Insulation will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received by Us from You for the Products you have ordered and for any associated freight costs.
7. Freight Damage and Defective Products Notification
Notice of transit damage or any claims for defective Products should be made to Eureka Insulation Customer Service on 1800 626 624 immediately upon Delivery of the Products, and no later than within 48 hours of Delivery of the Products.
By using this Website, You understand and agree that Eureka Insulation will collect, use and disclose personal information provided or collected through or in connection with the Eureka Insulation online store.
We will use the information we collect in order to help Us provide the best possible service to You. Additionally We may use Your contact information to inform You of special offers. If you do not wish for us contact you, please email sales@Eurekainsulation.com.au or call 1800 626 624 and advise us of this.
We will not disclose Your personal information to any unrelated entity for any reason, unless We are required to do so by law.
If You provide Us with personal information about someone else, You must first ensure that they are aware of and agree with these Terms and Conditions, and that they agree to Eureka Insulation collecting and handling their personal information as described in this Clause.
Your order will be processed and despatched or made available for pickup once the payment has been made in full using the approved payment options offered at the time of placing Your order. Incomplete or partial payment will not be accepted, and may result in delays in processing Your order.
10. Eureka Insulation Warranty
In addition to the rights above, and unless otherwise stated on the product description, all Products sold via the Eureka Insulation online store are new and carry a Eureka Insulation warranty against faults and manufacture when used and applied according to the manufacturers’ instructions. These instructions are usually available on the website of the product manufacturer.
In the event of Eureka Insulation receiving a notice of faults, a refund will only be provided upon prompt return of the Product to Eureka Insulation. This warranty excludes damage caused by misuse or neglect by You, incorrect installation by You, no fault found with the Product or work carried out by anyone other than an authorised Eureka Insulation Certified Installer.
Eureka Insulation will replace or issue a refund for Insulation or Insulation accessories purchased from this Website at no charge, if found to be inadvertently misrepresented due to error in detail or specifications. You must provide evidence of purchase in the form of Your receipt to authenticate your warranty.
The benefits to You given by the Eureka Insulation warranty are in addition to other rights and remedies available to You under law in relation to the goods or services to which this warranty relates. In Australia, Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Eureka Insulation or any of its officers, employees or agents shall have no other liability or responsibility to You in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from Your use of the Product; or Your use of the Eureka Insulation Website or any linked website (nor does Eureka Insulation accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Eureka Insulation Website or any linked website), save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of Eureka Insulation, or any of its officers, employees or agents; and
Eureka Insulation or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from the misuse or neglect by You, incorrect installation by You, or work carried out by anyone other than an authorised Eureka Insulation Service Agent on the Product, including the use of the Product other than according to its written instructions and any product safety labelling or warnings provided with the Product.
12. Cancellations, Returns and Refunds
In addition to the mandatory statutory rights available to customers under the Competition and Consumer Act 2010 and other applicable consumer laws, Eureka Insulation may at its discretion issue You a refund if Eureka Insulation has provided its written consent and:
the order is cancelled prior to the Shipment of the Product; or
the Product is returned within 30 days of purchase without being opened or damaged.
Should Product be accepted for return a 20% restocking fee will be charged on all stock which is ‘as new’. No specially ordered or cut to length orders will be returned. Products or parts will not be accepted for return or credit without Eureka Insulation’s prior written consent.
13. Customer Service Support
If You have any queries regarding your Eureka Insulation Website purchase order, Your Product or warranties, returns or refunds, or if you need support for your Product, please contact Eureka Insulation Customer Service Support on 1800 626 624.
These Eureka Insulation Website Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of Australia.
Eureka Insulation will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including but not limited to forces of nature, industrial action and action or inaction by a Government Agency.
You must not assign any of your rights or obligations under these Eureka Insulation Website Terms and Conditions without the prior written consent of Eureka Insulation.
Provisions of these Eureka Insulation Website Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.
Please be aware that your use of the Eureka Insulation Website, and other parts of the Eureka Insulation Website, are also subject to the website’s disclaimer. Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
Your use of this Website and where applicable Your purchase of the Products will constitute your acceptance of these Eureka Insulation Website Terms and Conditions. The Website Terms and Conditions are effective as at the date specified above and may be amended by Eureka Insulation from time to time.
Amendments to these Eureka Insulation Website Terms and Conditions will be published on the Eureka Insulation Website (www.Eurekainsulation.com.au).