1.1 These Terms and Conditions (Terms) govern your access to and use of the website located at https://capproducts.com.au/ (Website) and the purchase of products from CAP Products Australia Pty Ltd (ABN [insert ABN]) trading as Aluen CAP Australia (CAP Products, we, us, our).
1.2 By accessing the Website, placing an order, or using any of our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Website or purchase products from us.
1.3 These Terms apply in addition to, and do not exclude, any rights you have under the Australian Consumer Law (ACL) and other applicable laws.
2.1 CAP Products supplies Aluen CAP and related products that are subject to Australian regulatory requirements, including permits and registrations issued by the Australian Pesticides and Veterinary Medicines Authority (APVMA).
2.2 Certain products may be supplied under an emergency permit, which may impose specific conditions of use, such as:
2.3 Where a product is supplied under an emergency permit or other special approval, you agree to comply with all conditions set out in or provided with the permit, label, and any accompanying usage instructions. Failure to follow these conditions may be unlawful and/or affect product performance and safety.
2.4 You are responsible for ensuring that you, and any persons using the products under your control, have read and understood the product label, permit conditions, and safety directions before use.
3.1 You must use the Website in a lawful manner and must not:
3.2 We may suspend or terminate your access to the Website at any time if we reasonably believe you have breached these Terms.
4.1 Product descriptions, images, prices, and availability information on the Website are provided in good faith but are subject to change without notice.
4.2 We make reasonable efforts to ensure information is accurate; however, occasional errors or omissions may occur. Where an error affects your order (for example, pricing or availability), we may contact you to confirm, amend, or cancel your order and provide a refund where required.
4.3 Some products may be available on a pre-order basis (including those arriving in scheduled shipments or containers). Estimated arrival dates are indicative only and may change due to factors outside our control, such as shipping delays, customs clearance, or regulatory factors.
5.1 By placing an order through the Website, you are making an offer to purchase the selected products under these Terms.
5.2 An order is not accepted, and no binding contract is formed, until we:
5.3 We may, in our reasonable discretion, refuse or cancel an order (in full or in part), including where:
If we cancel your order after payment, we will provide a refund of the affected amount as soon as reasonably practicable.
6.1 All prices on the Website are in Australian dollars (AUD) and are inclusive of GST, unless otherwise stated.
6.2 We may update prices at any time. The price payable for a product is the price displayed at the time you place your order, subject to any correction of obvious errors.
6.3 We may offer different pricing for:
Any applicable volume discounts or special offers will be shown or confirmed at checkout or in a written quotation.
6.4 Payment must be made at the time of order using the payment methods offered on the Website, unless we agree in writing to alternative terms (such as account customers).
7.1 We partner with reliable carriers to deliver your order. Delivery timeframes are estimates only and may vary depending on your location, product availability, regulatory clearance, and carrier performance.
7.2 Risk in the products (including loss or damage) passes to you on delivery to the delivery address you provide, or on collection (if applicable). Title in the products passes once payment is received in full.
7.3 You are responsible for ensuring that the delivery details you provide are accurate and that someone is available to receive the products, where required. Additional charges may apply for re-delivery or redirection.
8.1 Please inspect your order as soon as reasonably possible after delivery. If your order is delivered broken, damaged, incomplete, or incorrect, please contact us within 24 hours of receiving the item so we can start a claims process with the carrier and assess the issue.
8.2 When reporting a problem, please provide:
8.3 Nothing in this clause limits your rights under the ACL. You may have rights to a repair, replacement, or refund where a product has a failure to comply with consumer guarantees.
9.1 We are not required to provide a refund or replacement if you change your mind or choose the wrong product, subject to any additional voluntary policy we may publish from time to time.
9.2 We may, in our discretion, agree to a change-of-mind return on conditions we specify (for example, return in original, unopened condition, within a set period, and at your cost for return freight). Any such agreement will not limit your rights under the ACL.
10.1 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 they fail to be of acceptable quality and the failure does not amount to a major failure.
10.2 A “major problem” with a product is when the item:
10.3 Where a problem with a product is not major, we may choose to repair the product, provide a replacement, or offer a refund within a reasonable time, in accordance with the ACL. If it is not repaired in a reasonable time, you may choose a refund or replacement.
10.4 You must retain proof of purchase (for example, a receipt, tax invoice, or order confirmation) to access your rights under the ACL and any additional voluntary warranties.
11.1 You are responsible for ensuring that the products are suitable for your intended use, apiary management practices, and local conditions, and that you have the necessary knowledge, training, and equipment for safe and effective application.
11.2 All products must be used strictly in accordance with:
11.3 Incorrect or non-compliant use of agricultural chemical products can create safety risks, reduce efficacy, and may be unlawful. We are not responsible for any loss or damage arising from use that is inconsistent with the label, permit, or legal requirements.
12.1 To the maximum extent permitted by law, our liability for any claim in connection with the supply of products or these Terms is limited, at our option, to:
12.2 Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or other rights that cannot be excluded under the ACL.
12.3 To the extent permitted by law, we are not liable for any loss of profit, loss of production, loss arising from bee colony performance, or any indirect or consequential loss arising from the use or inability to use the products, except where such loss is required to be compensated under the ACL.
13.1 All content on the Website, including text, images, logos, graphics, and layout, is owned by or licensed to CAP Products and is protected by intellectual property laws.
13.2 You must not copy, reproduce, modify, distribute, or use any part of the Website content for commercial purposes without our prior written consent, except as permitted by law.
14.1 We collect, use, and disclose personal information in accordance with our Privacy Policy, which is available on the Website.
14.2 By using the Website or placing an order, you consent to our handling of your personal information in accordance with the Privacy Policy.
15.1 We are not liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including but not limited to:
15.2 If a force majeure event occurs, we will take reasonable steps to minimise its impact and resume performance as soon as reasonably possible.
16.1 We may update these Terms from time to time. Any updated Terms will apply from the date they are posted on the Website.
16.2 Your continued use of the Website or purchase of products after changes are made constitutes acceptance of the updated Terms.
17.1 If you have any questions about these Terms, your order, or wish to make an enquiry or complaint, please contact us:
17.2 We will respond to your enquiry within a reasonable time.
18.1 These Terms are governed by the laws of New South Wales, Australia.
18.2 You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that may hear appeals from those courts.
