Terms and Conditions
BONDI SANDS PTY LIMITED TERMS AND CONDITIONS OF SALE (1 October 2015)
These Terms will apply to any contract between us for the sale of products to you (contract). Please read these terms carefully and make sure that you understand them, before ordering any products from our website. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our website.
We amend these terms from time to time. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on the date set out above.
These terms, and any contract between us, are only in the English language.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Bondi Sands UK, a UK trading division of Bondi Sands Pty Limited, a company registered in Australia. Our ACN is 152 278 683, registered in Victoria and our registered office is Suite15/574 Plummer Street, Port Melbourne Victoria 3207.
2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at [[email protected]].
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes e-mails.
3. OUR CONTRACT WITH YOU
3.1 How to place an order. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.2.
3.2 How we will accept your order. We will confirm our acceptance to you by sending you an e-mail that confirms that the products have been dispatched (dispatch confirmation) at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product on our website or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is in the dispatch confirmation. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product to reflect changes in relevant laws and regulatory requirements, for example in order to comply with health and safety or consumer protection laws.
7. DELIVERING THE PRODUCTS
7.1 Delivery costs. Our delivery charges are referred to in clause 11.2.
7.2 When we will deliver the products.We will contact you with an estimated delivery date, which will be within 24 hours to 4 business days after the date of the dispatch confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an event outside our control. See clause 7.3 for our responsibilities when this happens
7.3 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.5 When you own the products. You own the products once we have received payment in full.
8. INTERNATIONAL DELIVERY
8.1 We deliver to the UK ad Europe.
8.2 If you order products from our site for delivery to one of the European countries, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
8.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.4 You must comply with all applicable laws and regulations of the country for which the products are destined.
9. YOUR RIGHT OF CANCELLATION, RETURN AND REFUND
9.1 If you are a consumer, you have a legal right to cancel a contract at any time up to 14 calendar days after the day on which you receive the products you ordered.
9.2 However, this cancellation right does not apply in the case of any products with a seal where the seal is broken after you receive them.
9.3 To cancel a contract, you just need to let us know that you have decided to cancel and you may do this by email using the contact details set out below. If you are cancelling because of any problem with the products, please notify us of the problem at the time of cancellation.
9.4 You can e-mail us at [email protected] If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
9.5 If you cancel your contract we will:
(a) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. [See our [Returns page http://bondisands.com.au/exchanges-and-returns for information about what handling is acceptable and examples]. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid to receive the products, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the product: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.7;
(ii) if you have not received the product: 14 days after you inform us of your decision to cancel the contract.
9.6 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.
9.7 If a product has been delivered to you before you decide to cancel your contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. Please see http://bondisands.com.au/exchanges-and-returns
(b) unless the product is faulty or not as described (in this case, see clause 10.3), you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery.
9.8 You can always return a product if it is faulty. You always have rights where a product is faulty or mis-described (see clause 10, "If there is a problem with the product").
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be as quoted on our website at the time you submit your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3.3 for what happens if we discover an error in the price of the product you order.
11.2 Where to find the delivery charges. The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to your order.
11.3 When you must pay and how you must pay. You can only pay for products using Paypal. You must pay for the products (including delivery costs) before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill [, but we are not responsible for any loss or damage that is not foreseeable]. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end contract for supply of the product within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Terms And Conditions Of Use Of bondisands.com Website
Security And Personal Data
All material on the bondisands.com website (including all trademarks, drawings, designs, illustrations, photographs, sound tracks, written text and logos) is the exclusive property of Bondi Sands. You must not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the bondisands.com website.
The ‘Bondi Sands’ trademark and all other Bondi Sands related marks and logos (including all copyright in them throughout the world), whether or not registered, displayed on the bondisands.com website, as well as the domain name ‘bondisands.com’ are and will remain the exclusive property of Bondi Sands. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without the prior, written consent of Bondi Sands is strictly prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the bondisands.com website or any content contained therein. You may make a single copy of web pages published on the bondisands.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
The bondisands.com website may contain links to third party websites not under the operation or control of Bondi Sands. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered on those sites. You may only provide a link to the bondisands.com website if expressly authorised in writing by Bondi Sands.
Limitation Of Liability
Bondi Sands will not be liable to you or any third party for any indirect, incidental special or consequential damages whatsoever including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the bondisands.com website, even if Bondi Sands has been advised of the possibility of such damages or loss.
Disclaimer Of Warranty
The exclusion of or limitations to Bondi Sands liability contained hereunder are made to the full extent permitted by law.
Notwithstanding any other provision of these Terms and Conditions, where any law implies any term, condition or warranty which cannot be excluded, restricted or modified at all or only to a limited extent, the term, condition or warranty will apply, except to the extent it can be excluded or limited.
Bondi Sands’ liability for any breach of any such term, condition or warranty to the extent it can be limited, is limited at bondi sand’s option, to any one or more of the following:
(a) in the case of goods - the replacement of the goods or the supply of equivalent goods;
(b) in the case of services – supply of the services again; or the payment of the cost of having the services supplied again.
Bondi Sands does not guarantee or represent that:
(a) bondisands.com website is free from viruses, worms, trojan horses or other destructive material; or
(b) the information contained on the bondisands.com website is accurate, complete or up to date.
The bondisands.com website may contain technical inaccuracies or other defects. Bondi Sands does not guarantee that any such defects will be corrected. The bondisands.com website and its contents are provided on an ‘as is’ and ‘as available’ basis.
Law – Disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria Australia.
Each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Victoria and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions.
Payment And Pricing
The prices of Bondi Sands products are indicated in British Pounds £, including taxes but excluding delivery costs. Product prices cannot be displayed exclusive of taxes or in other currencies.
Bondi Sands reserves the right to modify the prices of products offered on the bondisands.com website at any time without prior notice to you. You will be charged the prices displayed on the bondisands.com website at the time your order was confirmed provided the products ordered were available at that time.
You are required to pay for any order placed on the bondisands.com website immediately on confirmation of your order. We only accept payment by PAYPAL or credit card. You can use gift certificates issued by Bondi Sands to purchase items offered on the bondisands.com website.
All orders are payable in British Pounds £, We accept only the following charge cards and credit cards: MasterCard® and Visa®. Your order will be dispatched once we have verified your payment method and received authorization to process your payment.
Your credit card or debit card will only be debited when your order is dispatched. If any of the products in your order are unavailable, we will only charge you the prices, taxes and delivery costs for the products available.
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Updating Account information
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Online Account features include:
Edit shipping or billing information
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