Please read the following general Terms and Conditions (“T&C”) carefully as the provisions contained herein govern your access and use of the Website.
If you do not agree to these general Terms and Conditions, please do not use or access the Website.
1.1 The Website is owned and operated by Brands United Group Pty. Ltd. (ABN 77 154 785 074) and/or its associates, related parties, successors and assigns (collectively referred to as “Provider”, “us”, “we” or “our”).
(a) any persons viewing or otherwise accessing the Website (“Visitor”);
(b) any persons becoming a “Registered User” of the Website, meaning any persons:
(i) registering as a member of the Website (“Member”) by completing and submitting a registration form (“Registration Form”); or
(ii) in any other way supplying personal information (including name and email address) to the Provider through or in connection with the Website; and
(c) any persons who is a parent or legal guardian of a child or student aged below 18 (“Minor”) wishing to access or use the Website, and who is agreeing to the T&C in his or her capacity as parent or legal guardian (“Guardian”).
All such categories of users collectively referred to as “Users”, “you” or “your”).
1.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C.
2. PURPOSE OF THE WEBSITE
2.1 The purpose of the Website is to promote and sell dinnerware and homeware products.
3. DESCRIPTION OF THE WEBSITE
3.1 The Website offers for sale the following categories of Products:
(a) melamine products;
(b) homeware products;
(c) textile items and other products.
4. WEBSITE CONTENT AND PRODUCT DESCRIPTION ETC
4.1 In viewing the Content of the Website and purchasing, or attempting to purchase, any Products offered through or in connection with the Website, you expressly acknowledge and agree that:
(a) all General Information compiled by the Provider and all other information and materials posted on the Website or communicated to you from time to time, such as, help topics and FAQs, are provided for guidance only, and no advice relating to any use or care of a Product or any other form of advice is understood to be given to you by the Provider
(b) to the extent that there are any conflicts between the Product Description, Product Documentation, General Information or any other Content contained on the Website, and any written, electronic or oral information, guidelines or instructions provided or communicated to you by the supplier, you must adhere to the supplier’s information, guidelines and instructions at all times;
(c) images of Products displayed on the Website shall not be taken as accurately depicting the colour or appearance of the Product due to differences between actual image and image on monitor screens of computers or reading devices used by you;
(d) under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through or in connection with the Website. You are not entitled to rely and/or act upon such Content and/or use them as a basis for any cause of action in law or otherwise;
(e) the Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, home requirements or needs, or any statutory obligations or requirements which may be required to be observed in your state or local council jurisdiction;
(f) the Provider has no control, authority or influence over any supplier of any Product and cannot be held liable over the acts or omissions of the same. You expressly acknowledge and agree that, apart from any statutory obligations which cannot be excluded by law, you will not hold the Provider legally or otherwise responsible for the conduct of any such supplier.
4.2 To the fullest extent of the law, the Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Content displayed on the Website.
4.3 No advice or information, whether oral or written, obtained by you from the Provider or through or from the Website shall create any warranty not expressly stated in the T&C. Further,
5. PURCHASE OF PRODUCTS
5.1 The following conditions apply in respect of all purchases made through or in connection with the Website:
(a) Members may only purchase Products for their personal and non-commercial use, and are strictly prohibited from reselling any Product for commercial gain. The Provider expressly reserves the right to restrict quantities purchased by Members to normal household quantities, as determined by the Provider at its sole and exclusive discretion;
(b) unless otherwise agreed by the Provider in writing, all Products displayed on the Website are offered to Members through or in connection with the e-commerce facility of the Website only (“E-Commerce Facility”);
(iii) an “Order Confirmation” shall be deemed to have occurred when the Provider shall issue an Order Confirmation Email to you accepting in writing the Order or part or modified Order, as the case may be AND full payment of the Purchase Price together with any delivery charges required to be paid in accordance with clause 9 (together, “Total Price”) have been made by you. A contract for the supply of goods shall be formed on the date of the Order Confirmation Email based on the T&C herein;
(iv) notwithstanding clause 7.1(c)(iii), the Provider’s right to cancel an Order or part or modified Order, and to refund the Purchase Price paid in respect of the same, due to the unavailability of the Product ordered by you shall be preserved at all times.
6 All Tax Invoices issued to you in respect of Products purchased shall be uploaded on to, and may be accessible from, your Account, as this term is defined in clause 18.
7. PAYMENT OF PURCHASE PRICE
7.1 The Purchase Price of each Product is stated in Australian dollars and shall be inclusive of Goods and Services Tax (“GST”) at the appropriate rate, where applicable. If you purchase a Product outside of Australia, you do so at your own risk and will be responsible for any other taxes, liabilities or duties incurred for, or in connection with, the purchase of such Products.
7.2 Payment of the Purchase Price and any delivery charges thereof must be made through or in connection with the E-Commerce Facility and may be made by way of credit card, PayPal or any other methods as may be specified by the Provider from time to time.
7.3 Payments made by means of the E-Commerce Facility are made using third party payment gateway suppliers. Accordingly, you hereby acknowledge and agree that:
(a) the Provider shall use its best efforts to engage reputable suppliers. Notwithstanding the aforesaid, the Provider is unable to guarantee the security of any such information submitted or provided through or in connection with the Website;
(b) any submission or provision of information (including provision of credit card information) by you through or in connection with the E-Commerce Facility is made at your own risk and that the Provider disclaims any and all liability for, or arising in connection with, any interception, 'hacking' or other unauthorised access of such information through the Website by any unauthorised third parties;
(c) you are responsible for ensuring that the transaction, credit card information and all other details you provide in relation to your payments made through the E-Commerce Facility are correct. The Provider disclaims any and all liability for, or arising in connection with, any incorrect transactions, errors or otherwise caused by factors outside of our control;
(d) the Provider does not store any bank or credit card information, and payment details must be entered each time an Order is placed.
7.4 Subject to the other provisions of this clause, if for any reason the Provider is held to be liable to you in relation to the online payment process, the extent of the Provider’s total liability shall be limited to an amount equivalent to the Purchase Price for the Product(s) paid by you.
8. DELIVERY AND DELIVERY CHARGES
8.1 You hereby acknowledge and agree that the Provider may, at its sole and exclusive discretion, impose delivery charges in respect of any Products required to be delivered to you, and that you must pay for all such delivery charges at the same time you pay the Purchase Price in respect of the Product. These delivery charges depend on the delivery address, the delivery method as well as the size and weight of the Product.
8.2 Delivery times vary for each Product, and depend on the availability and the supplier's ability to supply the relevant Product. Each Product will be dispatched from the relevant supplier’s premises and it is anticipated that the Product or Products purchased by you should be delivered within 10 days of Order Confirmation. Notwithstanding the aforesaid, time shall not be of the essence in respect of delivery. Delivery may not be refused by you, whether such deliveries were made in whole or in part. Any dates specified for delivery are only estimates and the Provider shall not be liable for any loss or damage arising from, or incurred in respect of, any deliveries made after such estimated dates.
8.3 Deliveries of all Products are made by our chosen delivery method at the time. All deliveries shall be made to the address specified in your Order (“Delivery Address”) and shall not be made to any other addresses.
8.4 For the purposes of this T&C, “Delivery” shall be deemed to have occurred when any one of the following applies:
(a) you or any other person present at the Delivery Address who is of at least 18 years of age (“Delivery Recipient”) accepts delivery of the Product by signing on the relevant page of the delivery docket and/or on any other documents required by the said delivery; or
(b) if no Delivery Recipient is present at the Delivery Address, the Product is placed at a safe drop point (“Safe Drop”) of the Delivery Address in accordance with Australia Post’s/other deliverers guidelines; or
(c) if applicable by reason of clause 9.6, the Delivery Recipient collects the Product from Australia Post’s/other deliver premises by signing on the relevant page of the delivery docket and/or on any other documents required by Australia Post/other deliver as proof of the said collection.
8.5 For the purposes of clause 9.4(c), you hereby acknowledge and agree that if Australia Post/other deliver is unsuccessful in making delivery of the Product to you at the first attempt upon arriving at the Delivery Address, you must comply with any instructions left by Australia Post/other deliver at the Delivery Address for the delivery of the Product, including any requirement to collect the Item from Australia Post’s/other deliverers premises respectively. The Provider shall not be liable for any loss or damage arising from, or in connection with, your failure to comply with the aforesaid instructions or from your failure to accept delivery of the Product at the Delivery Address.
9. TITLE AND RISK
9.1 Risk of loss and damage to the Product shall pass to you on Delivery.
9.2 Title in and to the Product shall also pass to you on Delivery.
10. CANCELLATION AND RETURNS POLICY
10.1 You may cancel your Order at any time prior to Delivery of the Products if you have changed your mind in respect of the Order. Cancellation shall be made by way of a notice in writing detailing the Order Confirmation number. You will be entitled to a refund of the Purchase Price of the Product or Products purchased. Any other costs already incurred by the Provider in respect of the Order prior to receipt of your cancellation notice, including Delivery charges, shall NOT be refunded to you.
10.2 Subject to the other provisions contained in this clause, once Delivery has occurred, you are entitled to reject or return the Product or Products purchased by you only if all of the following conditions have been fulfilled:
(a) the Product is defective, unmerchantable or is otherwise not in accordance with the Order Confirmation Email;
(b) within 7 days from date of Delivery, you give us notice of your intention to return the Product by completing and submitting the returns form which may be accessed through your Account, upon a return authorisation code will be issued to you;
(c) the Product is sent back to us within 5 days of receipt of the return authorisation code;
(d) the Product is returned “as-new” and in a saleable condition; and
(e) the Product is returned on the basis that risk in the Product shall remain with you until the Provider receives the Product.
10.3 Subject to fulfilling the criteria in Clause 11.2, and approval by the Provider of a refund or replacement, the Provider’s liability arising in respect of a return made in accordance with this clause shall be limited to:
(a) the supply of an equivalent Product;
(b) the supply of a Product of equal value; or
(c) a refund of the Purchase Price paid by you.
10.4 Where a refund is to be made, we will credit the account from which the original payment was debited.
10.5 The Provider shall not be required to accept any return Products, or replace any Products, or to refund the Purchase Price or any part of the Purchase Price to you, where, in the opinion of the Provider, you or any other persons handling, using or dealing with the Product subsequent to delivery have caused the Product to become damaged, defective or unmerchantable or have failed to take steps to prevent the Product from becoming damaged, defective or unmerchantable, or you have not complied with the terms of the clause. In that case, the Product will be returned to you as is at your expense.
11. EXCLUSION OF LIABILITY
11.1 To the fullest extent of the law, the Provider expressly disclaims all conditions, warranties, representations, liabilities and obligations of any kind, whether express or implied, including, but not limited to:
(a) any conditions or warranties of merchantability, fitness for a particular purpose or correspondence to particular descriptions in respect of any Products purchased by you through or in connection with the Website respectively; or
(b) any warranty in respect of the results procured from the use of such Products.
11.2 Subject to the other provisions of this T&C, if for any reason the Provider is held to be liable to you in relation any of the aforesaid, the extent of the Provider’s total liability shall be limited to:
(a) the replacement of an equivalent Product;
(b) the supply of a Product of equal value; or
(c) the refund of an amount equivalent to the Purchase Price for the Product paid by you.
12. FORCE MAJEURE
12.1 The Provider shall not be liable for any delay in performing any of its obligations under this T&C if such delay is caused by circumstances beyond the reasonable control of the Provider, and the Provider shall be entitled to a reasonable extension of time for the performance of such obligations.
13. PROPRIETARY RIGHTS
13.1 Except to the extent otherwise specifically authorised by the Provider and/or the author or creator of the Content:
(a) you may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display or sell any of, or any portion of, any or all Content of the Website, or create any derivative works thereof, and you may not use any of the Content in connection with any commercial endeavours, whether in whole or in part; and
(b) you may only retrieve and display any Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) solely for your personal use.
13.2 Any unauthorised reproduction, publication, further distribution or public exhibition of the Website or all Content contained therein, in whole or in part, is strictly prohibited.
13.3 In addition, the Website domain name, the Bambeano name, logo, other names and logos of the Provider as may be created, produced or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to alter, adapt, distribute, display or use the Marks in any commercial or personal manner for any purpose whatsoever unless prior and written approval is granted by the Provider.
14. MEMBERS’ ACCOUNT, PASSWORD AND SECURITY
14.1 Membership of Bambeano and the Website is free. Membership is granted solely at the discretion of the Provider upon receiving a complete Registration Form from an eligible User. The Provider reserves the right to refuse or immediately terminate the membership of any Users for any reason whatsoever.
14.2 If you become a Member (as the term is defined under clause 1.2(b)(ii)), you will receive a password and account designation upon completing the registration process.
14.3 You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the same.
14.4 You agree to:
(a) immediately notify the Provider of any unauthorised use of your password or account or any other breach of security; and
(b) ensure that you exit from your account at the end of each session.
14.5 The Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
15. MEMBERS – DATA INPUT
15.1 As a Member, you are solely and entirely responsible for any and all data that you upload, post, email, transmit or otherwise make available through or in connection with the Website.
15.2 You acknowledge and warrant that any data you provide in a Registration Form or Order Form (“Data”) which is submitted by you to the Provider through or in connection with the Website is true, accurate and current, and is complete in all respects. You are required to update any changes to your Data through the My Account section of the Website (“Account”).
15.3 In submitting your Data, you expressly acknowledge and agree that you shall not upload, post, email, transmit or otherwise make available through or in connection with the website:
(a) any Data that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) any Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
(c) any Data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) any Data comprising unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(e) any Data containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(f) any Data purporting to impersonate any other person or entity, including, but not limited to, any other User, the Provider’s official, employee, consultant, guide, host or any other representative, or falsely state or otherwise misrepresent your affiliation with any person or entity.
16.4 You also expressly acknowledge and agree that the Provider:
(a) shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Data that is available through or in connection with the Website; and
(b) may access, preserve, and disclose all Data supplied by you if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce this T&C;
(iii) respond to your requests for customer service; and
(iv) protect the rights, property, or personal safety of the Website, other Users and/or the public.
16.5 You understand that the technical processing and transmission of all Data submitted by you may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
17. SPECIAL ADMONITION FOR INTERNATIONAL USE
(a) in choosing to access and use the Website outside Australia, you are solely responsible for complying with the laws applicable in your jurisdiction;
(b) the Provider shall not incur any liability to you whatsoever with respect to your access and use of the Website; and
(c) you shall indemnify the Provider against any and all liability the Provider may have in relation to any third party for any reason whatsoever arising out of your use of the Website.
18. GENERAL PRACTICES REGARDING USE AND STORAGE
19.1 You expressly acknowledge and agree that:
(a) the Provider may establish general practices and limits concerning use of the Website, including without limitation the maximum number of days and months that Data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you and the maximum number of times and the maximum duration for which you may access any Content on the Website in a given period of time;
(b) the Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you, or obtained or procured from or through the use of the Website; and
(c) the Provider reserves the right to modify these general practices and limits from time to time.
20. MODIFICATIONS TO THE WEBSITE, WEBSITE CONTENT, T&C ETC
20.1 The Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof, including the provision of any services or Products and any Content, with or without notice. You agree that the Provider shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Website.
20.3 It is your responsibility to check regularly to determine whether a new version of the T&C has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the T&C, then you must immediately stop using the Website.
21. SUSPENSION AND TERMINATION
21.1 You agree that the Provider may, under certain circumstances and without prior notice, suspend or immediately terminate your access to the Website and remove any associated profiles, works, information or contact details thereof.
21.2 Cause for such suspension or termination shall include, but not be limited to:
(b) requests by law enforcement or other government agencies;
(c) discontinuance of the Website (or any part thereof); and
(d) unexpected technical or security issues or problems.
21.3 You agree that all such suspensions or terminations shall be made at the Provider’s sole discretion and that the Provider shall not be liable to you or any third party for any such suspension or termination.
22. OFF SITE LINKS
22.1 In order to offer increased value to our Users, the Website may provide, or third parties may provide, links to other Websites or resources, which you may access at your sole discretion.
22.2 You understand and acknowledge the Provider has no control over such sites and resources. In this respect, you also acknowledge and agree that the Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
22.3 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
23. EMAIL POLICY
23.1 We will not respond unless required to do so by law to any electronic mail (“Email”) sent to us which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. We reserve the right to take such action as we in our sole discretion deem fit in respect of such material.
23.2 All Emails received will be taken to be submitted, where appropriate, for publication, free of charge. If you wish to negotiate a fee for the publication of your exclusive material you should email us at enquiries@Bambeano.com.au and state your name, address and, if applicable, a contact telephone number, in your email. Your Email should clearly state that the material contained in the Email has been submitted for the purposes of negotiating a fee for the publication of that material. It must not be sent to any other email address or to a User or to any other third party.
23.3 We will not disclose any personal information under any circumstances of any staff, employee, contractor or worker of the Provider and/or the Provider’s associates. Where appropriate we will endeavour to respond to all Emails within 3 days of receipt, but we cannot and do not guarantee to respond to any Emails. All Emails will generally be stored for 6 months after which time they will automatically be deleted. Any Email sent to the incorrect destination is liable to be deleted immediately.
25. NO THIRD PARTY BENEFICIARIES
25.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.
26.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Website, Products or services offered through or in connection with the Website.
27. GOVERNING LAW
27.1 This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of Victoria.
28.1 You understand, agree and acknowledge that the courts of Victoria, Australia, are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts.
29. ENTIRE AGREEMENT
29.1 The T&C constitute the entire agreement between you and the Provider and govern your access and use of, or purchase through or in connection with, the Website, superseding any prior agreements between you and the Provider.
29.2 You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services of the Provider, affiliated services, third-party content or third-party software.
30. WAIVER AND SEVERABILITY OF TERMS
30.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
30.2 If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
31. VIOLATIONS AND INFRINGEMENTS
31.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at enquiries@Bambeano.com.au