Terms & Conditions of Sale
As boring as they are important, be sure to read through our terms and conditions before placing your order
Terms & Conditions of Sale
All contracts and dealings between Bondi Sands Pty Ltd (ACN 152 278 683) (referred to in these Terms of Use as “Bondi Sands”, “we”, “our” or “us”) and any person (“You”) relating to any goods and/or services provided and supplied by Bondi Sands to the Customer through the website operated by Bondi Sands (“Website”) are subject to the terms and conditions of sale set out below which includes any terms incorporate by hyperlinked reference (“Terms & Conditions”).
By placing an order and purchasing goods from Bondi Sands via the Website, You acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
1. Variation
We reserve the right to amend, remove or vary these Terms & Conditions from time to time without notice. Changes to the Terms & Conditions will become effective immediately upon publication Website and by continuing to visit, access or use the Website You agree to be governed by these Terms & Conditions as the case may be from time to time.
2. Privacy Policy
Our Privacy Policy, which sets out how we will collect, use and hold of any personal information can be found at bondisands.com.au/pages/privacy-policy. By placing an order and purchasing goods from Bondi Sands via the Website, You consent to the processing described in the Privacy Policy and warrant that all personal information and data provided by You is accurate.
3. Terms of Sale
3.1 By placing an order for any goods on the Website (“Order”) You are offering to purchase the goods on and subject to these Terms & Conditions which Bondi Sands may accept or reject. Each Order You place which is accepted by Bondi Sands will create a separate and binding agreement between You and Bondi Sands with respect to the supply of goods subject to these Terms & Conditions.
3.2 All Orders are subject to availability of the goods and confirmation of the Order by Bondi Sands. Bondi Sands accepts no liability for any claims or damages whatsoever, in the event of stock outage or unavailability of \the goods. If you do not receive a confirmation email within 24 hours of placing your order please contact info@bondisands.com.au.
3.3 You acknowledge that all Orders through the Website are with respect to goods intended for personal and domestic use only.
3.4 In order to contract with Bondi Sands You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Bondi Sands. If You are under 18, You need your parent or guardian to make the Order on your behalf.
3.5 Bondi Sands reserves the right to accept or reject an Order for any reason at any time.
3.6 When placing an Order You undertake that all details that are provided to Bondi Sands are true and accurate, that You are an authorised user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the goods.
The resale or distribution of Bondi Sands goods purchased on the Website is prohibited.
4. Payment and Pricing
4.1 The price with respect to any goods is specified on the Website (“Price”). The Price is exclusive of any delivery fee (see clause 5).
4.2. Unless otherwise stated, all Prices quoted are in Australian dollars ($AUD) and where applicable are inclusive of goods and service tax (“GST”). Any fees and charges (e.g. delivery fees) imposed by these Terms & Conditions also include GST where applicable.
4.3 Bondi Sands reserves the right to change or alter the Prices of goods offered on the Website at any time without prior notice to You, unless You have submitted and Order at a stipulated Price, in which case there will be no change or alteration in pricing. You will be charged the Prices displayed on Website at the time Your Order was confirmed, provided that the goods ordered were available at that time.
4.4 You are required to pay for any Order placed on the Website immediately on placing Your Order. We only accept payment by PAYPAL or credit card, including MasterCard®, Visa and American Express. You can use gift certificates issued by Bondi Sands to purchase items offered on the Website.
4.5 Your credit card will only be debited when Your Order is dispatched for delivery in accordance with clause 5. If any of the goods in Your Order are unavailable, We will only charge you the Prices, taxes and delivery costs for the goods available.
4.6 In paying or attempting to pay for the goods, You agree that You have not engaged in any fraudulent conduct or contravened any law.
4.7 Bondi Sands will issue You with a tax invoice once payment in respect of the Order has been processed.
5. Delivery
5.1 Subject to these Terms and Conditions, Orders will be dispatched the next business day in Melbourne Australia (excluding public holidays), for standard delivery following payment in full of the Price. Dispatch times may vary according to availability and any representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure (see clause 10) for which Bondi Sands will not be responsible.
5.2 Any period or date for delivery of goods stated by Bondi Sands is intended as an estimate only and is not a contractual commitment. Bondi Sands will use its best endeavours to meet any estimate delivery dates but Bondi Sands will not be liable for any loss or damage suffered by You or any other person for failure to meet an estimated delivery date.
5.3 Delivery of the goods to a third party nominated by You is deemed to be delivery to You. If the third party carrier damages the goods in transit, You are still required to pay the Price for the goods in accordance with clause 4 and all amounts owing to Bondi Sands for the particular goods.
5.4 You should check that your shipment is correct on delivery. If there are any discrepancies in Your Order when the goods are delivered to You, You should note the nature of the discrepancy (for example – open package or damaged goods), if possible, on the delivery notice, and sign the notice.
5.5 Once the Customer’s online purchase is complete the Customer will receive an Order confirmation and a tracking number will be provided to the Customer after the Good(s) are dispatched.
5.6 Bondi Sands reserves the right to amend delivery methods without notice.
5.7 We are unable to redirect orders once products have been dispatched.
5.8 Australian & New Zealand Orders
(a) All deliveries of goods purchased by You will be made by a third party provider at Bondi Sands’ sole discretion (“Delivery Provider”) and require a signature upon delivery.
(b) If You believe your nominated delivery address will be unattended at the time of delivery, Bondi Sands suggests having the Order delivered to an alternate address that You know will be attended during normal business hours. If the nominated delivery address is unattended at the time of delivery, the Delivery Provider will either leave the Good in a secure location under their authority to leave (in which case the delivery will be deemed successful by Delivery Provider) or a card will be left with details as to where You can collect the Your goods, at this time the goods will be deemed delivered (“Delivery”).
(c) Bondi Sands will not be held responsible for any occurrence that may happen following the Delivery of a good, including theft or damage if a good is delivered to an unattended address. All risk in the goods will remain with You upon Delivery and Bondi Sands will not offer a replacement good or refund You for any lost or damaged goods.
(d) Bondi Sands will use reasonable endeavours to dispatch all Orders received before 4pm Monday to Friday (excluding public holidays in Victoria, Australia). Estimated delivery time is 7 business days following placement of an Order, depending on Your location. If You are located in Victoria or New South Wales should receive your goods within 5 business days. Interstate orders and rural areas may take 14 business days.
(e) Delivery of Orders placed on the weekend will not be processed until the following Monday.
(f) The cost of delivery will be calculated when at the checkout on the Website. Delivery is free for all Orders over $50, otherwise a flat rate of $5.95 applies to Australian Orders and $14.95 to New Zealand Orders.
5.8 Australian & New Zealand Orders
(a) International deliveries will be made by the Delivery Provider.
(b) Orders will be dispatched by the next business day. Estimated delivery time for international orders is between 7 to 20 business days.
(c) International delivery cost is calculated per Order at the time of checkout. Deliver is free for all Orders over $100 AUD, otherwise a flat rate of $15.00 AUD applies.
(d) International delivery costs do not include any taxes or duties which may be applied by customs at the destination country. Any duties or taxes incurred are the responsibility of the delivery recipient.
(e) In accordance with Australian export regulations, customs require Bondi Sands to declare the exact value of the Order on the satchel, and it is the sole discretion of the custom agents to release the package.
6. Cancellation and Returns Policy
6.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the goods will be delivered to the stated delivery address in accordance with these Terms and Conditions. Therefore, You should carefully check that Your Order is accurate before You submits it to Bondi Sands. You will, however, be able to return goods in accordance with this clause and the Terms and Conditions.
6.2 If you do not wish to keep a good ordered on the Website, you may return new and unused items within 14 days of the date of receipt and if the good is in its original condition with the tags still attached (if any) and unused. Bondi Sands will refund the purchase price of the good(s) paid by You minus shipping and handling changes.. If you are returning Aerosols please contact us first to discuss as Aerosols cannot be sent via Australia Post. Please note that only goods purchased from the Website will be accepted for return.
6.3 Goods for return must be posted at Your expense, together with the original purchase invoice to the corresponding address (as follows) of the region which you purchased the Goods from:
Australia: 32 Commercial Drive, Lynbrook, Vic 3975 Australia
United Kingdom: The Runway, Christchurch, Dorset, BH23 4FL
United States of America: 285 Centerpoint Blvd, Pittston, PA 18640, United States
6.4 Goods received that are not in their original purchase condition will be rejected and automatically returned to You at Your sole expense.
6.5. Bondi Sands will use reasonable endeavours to process all refunds within 5 days from the date the goods are received by Bondi Sands. Bondi Sands is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund, including any delay due to banking institution time frames.
6.6. Any good which Bondi Sands has elected to accept for return shall be returned at the your expense. You will only be refunded the cost of the good and not the original postage cost in respect of the goods refunded.
6.7 International refunds will be paid at the AUD rate accepted and no allowance will be made for fluctuations in foreign currency.
6.8 Unfortunately, Bondi Sands does not offer online exchanges on purchases of goods. If you wish to return the goods and receive another item, please return the goods in accordance with these Terms and Conditions. Once You receive Your refund, please place a new order for new goods.
6.9 Due to a high turnover of stock, Bondi Sands does not guarantee that an alternative good will be available in the same good.
6.10 Bondi Sands sells its goods indirectly (through distributors) to retailers and accordingly we are unable to process returns for purchases made from any of our stockists. Should you wish to return any Bondi Sands good purchased from a stockist, please contact your place of purchase for a refund or exchange, according to the retailer's return policy. We advise that you always keep your receipt and check retailer's conditions for return.
If you have any queries regarding your delivery, refund or return please contact us by emailing info@bondisands.com.au
7. Damaged or faulty goods
7.1 All goods come with guarantees that comply with the provisions of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”).
7.2 If You discover that a good is faulty or damaged at the date of delivery or that the good does not correspond with Your Order, You must notify Bondi Sands within a reasonable timeframe thereafter and in accordance with the Australian Consumer Law via email at info@bondisands.com.au along with a description of the good, fault. If Bondi Sands inspects the good and confirms that the good is defective, we will replace it free of charge. Refunds will not be considered.
7.3 Save where a defect or error is not readily apparent in any reasonably conducted inspection of the good at the time of delivery, if You fail to notify Bondi Sands pursuant to clause 7.2, You are deemed to have accepted the good(s) and lose all rights you would otherwise have against Bondi Sands in respect of the matters in clause 7.2.
7.4 Subject to clause 7.8 and unless otherwise required by law, for goods which Bondi Sands has agreed in writing are defective or were delivered in error, Bondi Sands’ liability is limited to either (at Bondi Sands’ discretion):
(a) provide a refund;
(b) replacement of the Goods; or
(c) repair of the Goods.
7.5 You shall only be entitled to make a claim pursuant to this clause if You afford Bondi Sands an opportunity to inspect the goods within a reasonable time upon request to confirm the defect or error in delivery.
7.6 You are responsible for all costs associated with making a claim under this clause, unless Bondi Sands agrees otherwise in its sole discretion.
7.7. If Bondi Sands requests You to return the faulty or damaged good, Bondi Sands will meet the packaging and postage costs associated with You returning a faulty or damaged good.
7.8 Clause 7.4 shall not cover any defect or damage which may be caused or partly caused by or arise through:
(a) failure on the part of You to properly maintain any goods; or
(b) failure on the part of You to follow any instructions or guidelines provided by Bondi Sands; or
(c) a use of the goods in a manner inconsistent with any uses specified in the Order or other form for the goods; or
(d) the continued use of any goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(e) fair wear and tear; or
(f) an event of force majeure pursuant to clause 10.
7.9 You are liable for any delivery costs if the good is found not to be faulty.
8. Limitation of Liability and Indemnity
8.1 The Australian Consumer Law guarantees certain conditions, warranties and undertakings, and You other legal rights, in relation to the quality and fitness for purpose of consumer goods sold in Australia. These guarantees cannot be modified nor excluded by any contract. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded. Except as expressly set out in these Terms and the Australian Consumer Law, Bondi Sands makes no warranties or other representations in relation to the supply of Goods. Bondi Sands liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
8.2 These Terms and Conditions are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any, law implied terms, conditions, warranties, guarantees or obligations. To the extent possible, Bondi Sands limits its liability in respect of any clam in respect of the supply (or failure to supply) goods or services to Bondi Sands option, to any one or more of the following:
(a) in the case of goods supplied by Bondi Sands to You:
(b) in the case of services provided by Bondi Sands to You:
8.3 You agrees to indemnify Bondi Sands, its affiliates, officers or directors from any third party claims, liability, damages and/or costs arising from Your use of the Website or breach of these Terms and Conditions, including damages caused by virus or any incorrectness or incompleteness of the information on the Website or the supply or use of the goods and/or services.
8.4 Bondi Sands does not accept responsibility for any loss or other detriment arising by reason of any theft, loss or damage to, or otherwise concerning any property belonging to You.
8.5 Further to clause 1.3, You accept upon Delivery all risk for loss or damage to the goods whether caused by You or not, and You indemnify Bondi Sands against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display, installation, neglect or use of the goods after You have taken possession of the goods. Risk in the goods will remain with You at all times unless Bondi Sands retakes possession of the goods.
8.6 We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content or goods and services, available on or through using the bondisands.com website. To the extent that Bondi Sands are prohibited at law from excluding our liability, We limit our liability to the extent permitted by law to resupplying the material, goods or the relevant service as the case may be.
8.7 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.
8.8 You acknowledge and agree that any information provided on the Website is not professional advice and is for the purpose of general knowledge only.
9. Waiver
9.1 The failure of a party at any time to require any performance by another party of a provision of these Terms and Conditions shall not affect in any way the full right of the waiving party to require that performance subsequently.
9.2 The waiver by any party of a breach of a provision shall not be deemed a waiver of all or part of that provision or any other provision or of the right of that party to avail itself of its rights subsequently.
9.3 Any waiver of a breach of these Terms and Conditions shall be in writing signed by the party granting the waiver, and shall be effective only to the extent specifically set out in that waiver.
10. Force majeure
If the performance of Bondi Sands. obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Bondi Sands, Bondi Sands will not be liable for any loss or damage suffered by You or any other person and Bondi Sands will give You written notice if the force majeure event has continued unabated for 30 days.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria., Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia and the Courts entitled to hear appeals from those Courts.
12. Severability
12.1 The parties agree that all the provisions of these Terms and Conditions are reasonable in all the circumstances and that each provision is and shall be deemed to be severable and independent.
12.2 The parties agree that if part or all of any one or more provisions are judged invalid or unenforceable in all the circumstances, that portion shall be deemed to be deleted and shall not affect the validity or enforceability of the remaining provisions.
13. Entire Agreement
These Terms and Conditions (including for the avoidance of doubt any other terms referred to within) constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.
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