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TERMS AND CONDITIONS
1. Introduction You agree to use and have access to Our websites:
1.1 On the following terms and conditions:
ONLINE TERMS AND CONDITIONS OF SALE
1. Any price stated by Us (whether in store or online) is valid for 30 days only from the date provided and then will be subject to normal price rises.
2. Payment Terms- You accept that any sale of product is conditional on full payment of the product and delivery expense being received by Us within 2 days and you acknowledge by placing and order that the provisions of these Online Terms and Conditions of Sale apply to this contract between us.
3. Payment prior to Delivery – Orders are submitted on the basis of full payment of the quoted price and delivery costs being made immediately or at least 2 days after the order has been submitted by you.
4. Where the provisions of clause 3 are not complied with, THE BATHROOM OUTLET may at it’s sole discretion:- a. require that all amounts owing to Us for any reason whatsoever shall become immediately due and payable without deduction or demand; b. rescind all discounted rates and recalculate the outstanding charges; and c. charge an administration fee of 2.0% per month on any amounts due for payment from the due date for such payment until the date payment is received by Us; d. or cancel the order.
5. You agree to pay Us all costs and legal expenses (on a full indemnity basis) whatsoever which THE BATHROOM OUTLET incur in relation to or arising from any breach by you of the terms of this Contract. Such costs and legal expenses (on a full indemnity basis) may be recovered from you by Us as a liquidated debt.
6. Orders for product lines which are not normally stocked by Us and which are ordered by Us cannot be cancelled.
7. To the full extent possible any warranty implied into this Contract by law are expressly excluded. In addition any liability of THE BATHROOM OUTLET for any loss and damage howsoever arising (including any liability based on the negligence of Us will be limited to the costs of the replacement of the goods and no other direct or indirect loss or damage including consequences losses are claimable by you against Us. You will indemnify and forever keep Us indemnified in respect of any claim arising out of or in connection to this Contract.
8. THE BATHROOM OUTLET will not be liable whatsoever to you for any manufacturing or transport delays that you may endure.
9. You will deliver up to Us at your sole expense, any item purchased by you that you believe to be defective or nonconforming in any way. If it is not reasonably practical to deliver the product to Us for inspection, you will permit Us to access any property for the purposes of inspecting the product.
10. You acknowledge that you know that some products may differ slightly from the dimensions or aesthetic appearance and that you are aware that these cannot be predicted or prevented and that this effect has no detrimental influence on the operation, durability or life of the product. You also accept that these differences are not a manufacturing fault and that neither the manufacturer nor THE BATHROOM OUTLET will accept liability for any such minor differences.
11. Title and Risk in the products only passes to you upon delivery.
12. We may at any time set-off amounts owed by Us to you from the amounts owed by you to Us.
13. Where there is a dispute between you and Us which cannot be resolved to the mutual satisfaction of the parties, you agree to submit to the exclusive jurisdiction of the Courts of Western Australia to hear and determine that dispute.
14. The provisions of the Goods and Services Tax legislation will apply to this contract.
15. That in accordance with the provisions of the Privacy Act, if THE BATHROOM OUTLET considers it relevant to assessing my/our application for commercial credit, I/we consent to THE BATHROOM OUTLET obtaining from a credit reporting agency a credit report containing personal credit information about me/us. In accordance with the provisions of the Privacy Act, if THE BATHROOM OUTLET considers it relevant to collecting overdue payments, I/we agree to THE BATHROOM OUTLET receiving from a credit reporting agency a credit report containing personal information about me/us in relation to overdue payments. Under the Privacy Act, if you have made a credit application to it, THE BATHROOM OUTLET is allowed to give a credit reporting agency personal information about, information which may be given to an agency includes, identity particulars, the fact that you have applied for credit and the amount, the fact that THE BATHROOM OUTLET is a credit provider to you, payments which become overdue by more than sixty (60) days and for which collection action has been commenced, advice that payments are no longer overdue, cheques drawn by you which have been dishonoured more than once, that credit provided to you by ”Us” has been paid or otherwise discharged and in specific circumstances, that in the opinion of THE BATHROOM OUTLET, you have committed a serious credit infringement.
16. If any provision of these Online Terms and Conditions of Sale is found to be unenforceable for any reason then that provision will be severed from these terms and will not affect the enforceability of any other of these Terms and Conditions of Trade.
17. The law applicable to these Online Terms and Conditions of Sale is the law of the State of Western Australia.
2.1). The sites and their content are subject to copyright, and other intellectual property rights. These rights are owned by Us.
2.2). You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Our site, including video footage, except as permitted by law or Our consent.
2.3). Our sites include registered trademarks that are otherwise protected by law. You may not use our trade marks without Our consent.
3. Use of the Sites You must not;
3.1). use the site (including any of The Bathroom Outlet’s social media sites) for any activities, or post or transmit to or via the sites any information or materials, which;
3.2). breaches any laws or regulations, infringes a third party's rights or privacy, or which are contrary to any applicable standards or codes;
3.3). Interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the sites;
3.4). is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings;
3.5) use the sites to send unsolicited commercial or electronic messages;
3.6). make any fraudulent or speculative enquiries, reservations or requests using the sites;
3.7). tamper with, hinder the operation of or make unauthorised modifications to the sites;
3.8). knowingly transmit any virus or other disabling feature to or via the sites; or
3.9). attempt any of the above acts or permit another person to do any of the above acts.
4. Social Media
4.1).The Bathroom Outlet uses a number of social media sites (eg YouTube, Facebook,); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
4.2). The Bathroom Outlet does not necessarily endorse, support, verify or agree with any comments, opinions or statements posted by any users on its site or The Bathroom Outlet’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent “Our” views.
4.3). You access those sites and use the information, products and services made available at those sites at your own risk.
4.4). Users must not post or upload any comment, content or link to the sites or “Our” social media sites which does not comply with these terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
4.5). The Bathroom Outlet may moderate user-posted content and may remove any content that, in “Our” opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content is viewable before it can be removed.
4.6). The Bathroom Outlet does not undertake to inform users when such content has been moderated or removed. The Bathroom Outlet may provide warnings, or otherwise block or suspend users in our sole discretion.
4.7). Where you post or submit content to a site, you warrant that you;
1.2). have the right to submit the content (including copyright); the content is your own original creation and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968.
1.3). The Bathroom Outlet may copy, reproduce, publish, display, alter user submitted content, and use it for any purpose, (including without limitation, any future promotions involving “Us”) at any time in the future, and via any media;
4.8). The Bathroom Outlet does not accept any responsibility or liability where content is downloaded from the sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and The Bathroom Outlet does not accept any liability for such actions and;
6. Availability of Goods
6.1). From time to time, some goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the goods impacted.
6.2). We may withdraw or suspend from sale any item displayed on the Website, either temporarily or permanently, at any time. The Bathroom Outlet will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular item.
6.3). Where an item which is the subject of an order has been withdrawn or suspended from sale and your payment for the item has already been processed, we will refund any money paid to us under clause
6.4). The Bathroom Outlet reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your order is affected by an error on the Website (for example, in a description, an image, price or otherwise), we will reject that part of the order affected by the error. You will be refunded the value of that part of your order affected by the error, under clause 7, and The Bathroom Outlet will fulfil the remainder of your order.
6.5). If your Order is affected by a genuine error (including in a description, an image or a price), we reserve the right to cancel your order and refund any money paid to us.
6.6). You acknowledge and agree that:
6.7). all pictures and images of goods displayed are for illustrative purposes only;
6.8). any accessory featured with the goods is for illustrative purposes only, and may be sold separately; and
6.9). where we provide dimensions and measurements in the description of an item, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order.
7. Price and payment
7.1). When you place an order, we will charge you and you agree to pay the price and any applicable delivery fee.
7.2). All prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these terms also include GST where applicable.
7.3). The Bathroom Outlet reserves the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply your goods at that price (unless your order is affected by a pricing error, in which case clause 6.4 will apply).
7.4). Payment methods are specified on the Website or told to you at the time you place your order. They include credit card, PayPal etc.
7.5). Any payment for an order must be cleared by Us before goods are dispatched. If your payment cannot be processed, your order will be rejected and you will be notified of this on the Website. If a credit card payment cannot be processed you should contact your card issuer to try to resolve the problem, or use an alternative payment method in order to continue with your order.
7.6). In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
8. Order cancellations and returns
8.1). Unless provided for under these terms or as otherwise agreed by The Bathroom Outlet, no cancellations or changes to orders will be accepted, and the goods will be delivered to the delivery address in an order. You should carefully check that your order is accurate before you submit it. You will, however, be able to return goods under the Returns Policy.
8.2). If we cannot contact you about your order using the contact details you provided in the order, after having made reasonable attempts to contact you, we will cancel your order and refund any money paid.
8.3). Delivery fees will not be refunded if you return goods for change of mind or you made an incorrect selection, including if you ordered the incorrect size, colour etc.
8.4). Goods can only be returned in accordance with these terms and the Returns Policy. The Returns Policy forms a part of these terms.
8.5). The Bathroom Outlet will process any refunds within a reasonable time of agreeing to do so.
8.6). If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
8.7). For In-Store Orders, where you paid in cash or by EFTPOS, you can obtain a refund by returning to the store where you purchased the goods.
9. Promotions and discounts
9.1). The goods, prices, and promotions offered on the Website may not be the same as those offered in a The Bathroom Outlet Store. A The Bathroom Outlet store is not required to match a price where the offer or price relates to an online only offer or where there is a price error. You may receive online offers and promotions, whether mailed to your home, with your order or emailed to you.
10.2) .We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
10.3). Unless otherwise indicated in your account settings or at the time you place your order, The Bathroom Outlet may send you marketing information.
10.4). We reserve the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
11. Risk & Liability
11.1). Risk and title in the goods passes to you on the date and time of delivery of the goods by the delivery agent or when collected in store.
11.2). Our goods come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
11.4).. The Bathroom Outlet excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
11.5). You represent and warrant to The Bathroom Outlet that The Bathroom Outlet will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
11.6). Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
12.1). We may, at our discretion, terminate the agreement for the supply of goods to you:
12.2). for convenience, at any time, on giving notice to you; or
12.3). immediately if The Bathroom Outlet reasonably believes that you have breached these terms and:
12.4). that the breach is not capable of remedy; or
12.5). if you have been provided with notice of the breach, and you have failed to remedy that breach.
13.1). See www.thebathroomoutlet.com.au for further information on trade marks, copyright and other applicable terms.
13.2). We reserve the right at all times to make changes to these terms. Any variations to these terms will take effect from posting on Our Website. The terms which apply at the time you place an order are those that govern that order.
13.3). We may give notice to you by electronic mail. You may give notice to Us by electronic mail.
13.4). Any provision of these terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms or affect the validity or enforceability of that provision in any other jurisdiction.
13.5). A failure or delay by Us to exercise a power or right under these terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Us does not preclude its future exercise or the exercise of any power or right.
13.6). The laws of Western Australia, Australia govern this agreement. Your transaction is deemed to have taken place in Western Australia.
14. Definitions The following definitions apply to these Terms.
14.1). Business Day means a week day in which trading banks are open for the transaction of banking business in Western Australia.
14.2). Click & Collect allows you to purchase goods for collection at a The Bathroom Outlet store.
14.3). Delivery Address means the address to which the goods are to be delivered, as stated on your order.
14.4). Delivery Agent means a third party delivery or shipping company engaged by Us to deliver goods.
14.5). Delivery Fee means a fee for the delivery of goods.
14.6). Goods means the product offered for sale on the Website, 14.7). GST has the meaning (Goods and Services Tax) Act 1999.
14.8). Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
14.9). Order means a request by you to purchase goods from Us under these terms (whether through the website or In-Store).
14.10). Personal Information has the meaning given in the Privacy Act 1988.
14.11). Price means the purchase price of each item as specified on the website or in store
14.13). Returns Policy means the The Bathroom Outlet Returns Policy. View the Returns Policy
14.14). Warranty means the The Bathroom Outlet Warranty Policy. View the Warranty Policy
14.15). Website means the sites available from www.thebathroomoutlet.com.au
14.16). Website Terms means the terms governing your use of the Website, in addition to these terms. View the website terms at www.thebathroomoutlet.coms.au
14.17). Our, We and Us, The Bathroom Outlet
14.18). You and Your means you as the purchaser of goods from The Bathroom Outlet pursuant to these terms.
15.1).We makes no representations or warranties of any kind, express or implied as to the operation of our sites or the information, content, materials or products included on our Sites, except as otherwise provided under applicable laws.
15.2). Neither The Bathroom Outlet, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our sites or sites linked to our Sites. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
15.3). You assume all risk of use of all features of a site. You release The Bathroom Outlet of all responsibility for any consequences of their use.
15.4). By continuing to access Our sites you agree that your access to, and use of, them is subject to these terms and all applicable laws, and is at your own risk.
15.5). Our sites and their contents are provided to you on "as is" basis; our sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our sites will always be available, fault or virus free.
16. Updates and termination
16.1). We may vary these terms at any time. By continuing to use the sites you consent to any variations. It is your responsibility to regularly check these terms for any variations.
16.2). At any time, we may, in our sole discretion, suspend or terminate the access to the sites for any user without notice for any reason, including but not limited to a breach of these terms. Suspension or termination shall not affect either party’s rights or liabilities.
16.3). We may disclose any information we may have about a user in relation to an investigation or allegation that your use of the sites breaches these terms, or any applicable laws.
16.4). We may identify or bring legal action against any person who is or may be breaching these terms, including obtaining injunctive relief.
17.1). These terms and the sites are governed by and construed in accordance with the State of Western Australia. If a dispute arises from these terms, you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia, except in relation to application for any injunctive relief sought by The Bathroom Outlet Bathrooms.
17.2). The Sites may be accessed in Australia and overseas. We make no representations that the sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the sites.