Terms of service

Overview

The terms "we", "us" and "our" refer to Strut Warehouse Pty Ltd (ABN 80 692 868 563), trading as Strut Warehouse. Strut Warehouse operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience for gas struts (the "Services"). Strut Warehouse is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law (ACL), or any other applicable law, that cannot lawfully be excluded, restricted, or modified.

Section 1 — Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current, and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our Products

We have made every effort to provide an accurate representation of our gas struts and other products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be identical to how they are depicted in our online store.

Gas struts are often purchased to a specific length, stroke, force/Newton rating, and end fitting. It is your responsibility to verify that a product's specifications are correct for your intended application before ordering - contact us first if you're unsure, and we're happy to help you select the right part. Any fitment guidance we provide is general in nature and does not replace professional engineering advice for critical or safety-related applications. Incorrect fitment, installation, or use of an underrated strut may result in equipment damage, malfunction, or personal injury.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person or region, on a case-by-case basis.

Section 3 — Orders

When you place an order, you are making an offer to purchase. Strut Warehouse reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Strut Warehouse confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Strut Warehouse may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy.

You represent and warrant that your purchases are for your own personal, household, or legitimate trade/fitment use, and not for unauthorised commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices are in Australian Dollars (AUD) and include GST where applicable, unless otherwise stated; they do not include shipping, handling, or any applicable charges unless expressly stated.

Prices posted in our online store may differ from prices offered by other retailers or resellers. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store, and to promptly update this information (including your email address and payment details) so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) any payment information you provide is true, correct, and complete; (ii) you are duly authorised to use the relevant payment method for the purchase; (iii) charges incurred by you will be honoured by your card issuer or payment provider; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.

In the event of a pricing error (e.g. a product listed at an incorrect price due to a technical or human error), we reserve the right to cancel the order and issue a full refund, even after payment has been accepted.

Section 5 — Shipping and Delivery

Shipping is carried out in accordance with our Shipping Policy. We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you, except to the extent this is inconsistent with a consumer guarantee under the Australian Consumer Law that cannot be excluded.

Section 6 — Intellectual Property

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Strut Warehouse, its affiliates, or licensors, and are protected by Australian and international copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright, or other intellectual property of Strut Warehouse, Shopify, or any third party. Unauthorised use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Strut Warehouse.

Strut Warehouse's names, logos, product and service names, designs, and slogans are trademarks of Strut Warehouse Pty Ltd or its affiliates or licensors. You must not use these trademarks without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 7 — Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should be familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may, in the future, offer new features through the Services (including new tools and resources). Such new features are also deemed part of the Services and subject to these Terms of Service.

Section 8 — Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality), such as payment processors or shipping carriers. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access such materials or sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, or content on third-party websites. Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, or questions regarding third-party products and services should be directed to the relevant third party.

Section 9 — Relationship with Shopify

Strut Warehouse is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Strut Warehouse. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Strut Warehouse, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Strut Warehouse.

Section 10 — Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Review our Privacy Policy for more detail on how we, Shopify, and our partners use your personal information.

Section 11 — Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use this licence to operate, provide, evaluate, enhance, and promote the Services.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) keep your Feedback confidential; (2) pay compensation for it; or (3) respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, or privacy rights, and will not be unlawful, abusive, or contain malware. You may not use a false email address, impersonate anyone, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy; we assume no liability for Feedback posted by you or any third party.

Section 12 — Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change, update, or cancel orders if any information is found to be inaccurate, at any time without prior notice (including after an order has been submitted).

Section 13 — Prohibited Uses

You may access and use the Services for lawful purposes only. You must not use the Services, directly or indirectly, to: (a) pursue any unlawful or malicious purpose; (b) violate any applicable law or regulation; (c) infringe our intellectual property rights or those of others; (d) harass, abuse, or harm any of our staff or any other person; (e) transmit false or misleading information; (f) send or use any material that does not comply with these Terms; (g) send unsolicited advertising, "spam," or similar solicitations; (h) impersonate any person or entity; or (i) engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our determination, may harm Strut Warehouse, Shopify, or other users, or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, or exploit any portion of the Services without permission; (c) collect or track the personal information of others; (d) spam, phish, or pretext the Services; (e) use any robot, spider, scraper, data-extraction tool, AI tool (including agentic AI), or other automated means to access the Services, except as permitted under Section 14 below; or (f) interfere with, bypass, or circumvent any security or access-control measures we employ.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 14 — Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with Section 14.4 below. No Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, including by mimicking human behaviour or completing/circumventing CAPTCHAs; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part of it) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

Section 16 — Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services.

Except as expressly stated by Strut Warehouse, the Services and all products offered through the Services are provided "as is" and "as available," without any representation, warranty, or condition of any kind, either express or implied, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Nothing in this section excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you under the Australian Consumer Law, or any other applicable law, that cannot lawfully be excluded, restricted, or modified. Where the ACL implies a guarantee or warranty that cannot be excluded, but liability for breach can be limited, our liability is limited (at our option) to supplying the goods again, repairing the goods, or paying the cost of having the goods repaired or supplied again.

Section 17 — Limitation of Liability

To the fullest extent permitted by law, Strut Warehouse, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind - including lost profits, lost revenue, lost savings, loss of data, or replacement costs - whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured using the Services, or any other claim related to your use of the Services or any product, including any errors or omissions in any content.

This limitation does not apply to any liability that cannot lawfully be excluded or limited under the Australian Consumer Law, including liability for death, personal injury, or a failure of a consumer guarantee relating to goods or services ordinarily acquired for personal, domestic, or household use. Subject to that, our total liability for any claim relating to a product is limited, at our option, to the purchase price of that product or its repair or replacement.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Strut Warehouse, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal costs, payable to any third party due to or arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services, including incorrect fitment, installation, or use of a product.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be severed from these Terms. Such a determination will not affect the validity or enforceability of any remaining provisions.

Section 20 — Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Section 22 — Governing Law

These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of Queensland, Australia. You and Strut Warehouse submit to the exclusive jurisdiction of the courts of Queensland, Australia, for any dispute arising from these Terms or your use of the Services.

Section 23 — Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 24 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

Section 25 — Contact Information

Questions about these Terms of Service should be sent to us at hello@strutwarehouse.com.au.

Our contact information is set out below:

Strut Warehouse Pty Ltd Trading as: Strut Warehouse ABN: 80 692 868 563 Email: hello@strutwarehouse.com.au