1.1 This Shopping site at www.bowlsbusiness.com.au ("Site") is a website where you can browse, select and order Goods and Services advertised on the Site from Bowls Business (ABN 67 151 959 231) ("Bowls Business", "us" or "we").
1.2 Before accessing or using the Site, read these terms and conditions. A parent or guardian's consent is required if you are under 18 years of age before purchasing Goods and Services from the Site.
1.3 Your access to and use of the Site, including your order of Goods and Services through the Site, is subject to these terms and conditions.
2 Terms & Conditions (Compliancy requirements)
2.1 You agree to be bound by, and comply with, these terms and conditions by:
(a) completing your registration through the Site; and
(b) using the Site to obtain Goods and Services from us.
3.1 A customer registration process must be completed through the Site before placing an order for Goods and Services through the Site.
3.2 You may only have one active account, which is non-transferable. You may update, edit or terminate your account at any time through the Site or by contacting Bowls Business.
3.3 You are responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities if you use a workplace email address for your account or to access the Site.
4 Placing an Order for Goods and Services
4.1 Any order placed through this Site for Goods and Services is an offer by you to purchase the particular Goods and Services for the price notified (including the delivery and other charges and taxes) at the time you place the order.
4.2 You may order Goods and Services by selecting and submitting your order through the Site in accordance with these terms and conditions. Additional details or confirmation of your details may be requested to enable us to process any orders placed through the Site.
4.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.
5 Acceptance or rejection of an Order
5.1 For each order accepted by us, we will supply the Goods and Services in that order to you in accordance with these terms and conditions
5.2. We reserve the right to accept or reject your order for any reason.
5.3 If we reject an order placed through the Site, notification of that rejection will occur within a reasonable time after the orders submission
6 Minimum and maximum amounts in each Order
6.1 Unless otherwise indicated on the Site:
(a) We will inform you of purchase order limits on the Site when you place the order or within a reasonable time after you submit your order); and
6.2 You are not permitted to purchase any items for resale to a third party or for trade purposes.
6.3 If you wish to place an order that differs from our ordering requirements, then you will need to contact us on 0429 441 991 during our contact hours. Delivery times may be longer
6.4 If we reasonably believe you are placing multiple orders, using the same or another registration, for the purposes of getting around our order limits, all of these orders may be cancelled by us without prior notice to you.
7 Delivery of Goods and Services
7.1 Further information is on the Site about our delivery timeframes and how we deliver your Goods and Services.
7.2 We will only deliver Goods and Services ordered through the Site to the shipping address that you provide
7.3 All Goods and Services will be delivered to the front door at the relevant Delivery Address. If we agree to do so, any request to deliver inside a premise or building at the Delivery Address will mean you are responsible for all loss or damage suffered by us. Delivery to Metropolitan Melbourne is done via our delivery van; all other deliveries will be posted using Australia Post.
7.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify to you when you place your order through the Site.
7.5 If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then:
(a) we will not deliver (leave) the Goods and Services you have ordered;
In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
7.6 Other than as required under clause 8.5 for your first order, you:
(a) acknowledge and agree that any person at the Delivery Address who receives the Goods and Services is authorised by you to receive your order and, where relevant, make payment for that order;
7.7 We will not deliver the Goods and Services:
(a) To a person who is intoxicated or not of the appropriate legal age to sign and accept the delivery;
7.8 You acknowledge that we may record the details of any identification provided in relation to delivery of Goods and Services.
8 Fraud and risk assessment
9 Risk and title
9.1 Risk in the Goods and Services passes to you on the date and time of delivery to the Delivery Address. Title to the Goods and Services passes to you on the later of the date and time of:
(a) delivery of those Goods and Services to the Delivery Address;
(b) payment for those Goods and Services
10 Cancelling an Order
10.1 We may cancel any order or part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the requested Goods and Services in that order are not available; or
(b) there is an error in the price or the Goods and Services description posted on the Site in relation to the relevant Goods and Services in that order; or
(c) that order has been placed in breach of these terms and conditions.
10.2 If we cancel an order in accordance with:
(a) clause 10.1(a) or 10.1(b) (where Goods and Services are unavailable or there is a pricing or Goods and Services description error): you will be provided with reasonable notice of that cancellation, and you will not be charged for the cancelled order. If any payment has been taken for the cancelled order, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method.
(b) clause 10.1(c) (where you are in breach of these terms and conditions): we will provide you with reasonable notice of that cancellation. If your order is cancelled before the day of delivery, then the full payment amount, including any Delivery Fee and other fees and charges, will be refunded to your original payment method. If your order is cancelled on the day of delivery, provided we are not also in breach of these terms and conditions, then we may charge you a cancellation fee of the lesser of $20 or the value of the payments made, we will refund that excess amount to your original payment method.
10.3 You may cancel an order (whether it is accepted by us or not) by contacting Bowls Business on 0429441991 during Business Hours. In this instance, if you cancel an order that has been accepted by us:
(i) before the day of delivery or collection, then no fees or charges will apply to that cancellation; and
(ii) on the day of delivery or collection, then we may charge you a cancellation fee of the lesser of $20.00 or the costs to Bowls Business arising from the cancellation.
10.4 If you cancel an order in respect of which we have taken payment, but not shipped the order, then the full payment amount, including any Delivery Fee and other fees and charges other than any fee payable under clause 13.3(b)(ii), will be refunded to your original payment method
10.5 If you cancel an order in respect of which we have taken payment, that has already been shipped, then the full payment amount, excluding any delivery fee and other fees and charges other than any fee payable under clause 13.3(b)(ii), will be refunded to your original payment method
11 Fees and charges
11.1 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
(a) the purchase price of each Goods and Services that is ordered;
(b) the delivery fee provided to you at the time you selected the relevant delivery option when placing your order ("Delivery Fee"); and
(c) the cancellation fee for an order that is cancelled as set out in clause 10.3(ii); and
(d) any other fees and charges set out in these terms and conditions.
11.2 All fees and charges identified in these terms and conditions and all prices for the Goods and Services include GST where applicable.
11.3 The purchase price of each Goods and Services is shown on the Goods and Services list on the Site at the time you place your order.
11.4 You acknowledge that:
(a) we are not required or obliged to match any prices for any Goods and Services, including matching any prices for Goods and Services that are available through other sites; and
11.5 We do not provide any notice for price changes for Goods and Services on this Site.
Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Goods and Services in that order.
11.6 If Goods and Services that you have ordered are not available then we will provide you with a refund back within 7 business days to your card of purchase or to your Bank Account via electronic transfer to the value of the Goods and Services (excluding delivery) that were not supplied to you.
12 Payment methods
12.1 You must pay the fees and charges online using the online payment methods in clause 11.1.
12.2 We accept the following credit cards:
(a) Visa and Visa Debit;
(b) MasterCard and MasterCard Debit;
12.3 We also accept Bowls Business Gift Certificates.
12.4 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may notify you of the dishonour and cancel your order.
12.5 You authorise Bowls Business to debit the amount that is payable for an accepted order from your nominated credit card to pay for the fees and charges.
12.6 You must not pay, or attempt to pay, for Goods and Services through any fraudulent or unlawful means.
12.7 Bowls Business also accepts cash payment for goods purchased and to be delivered within the Melbourne Metropolitan Area.
12.8 Bowls Business also accepts payment via Bank Transfer for goods purchased online or via telephone. Goods will not be delivered/ordered until payment has been received.
13 Substitution or missing items in delivery
13.1 You acknowledge that a Goods and Services that you order may be out of stock or temporarily unavailable. If this happens, then we will not be able to provide you with that Goods and Services.
13.2 At the time of your delivery or collection, you should check the receipt that we provided to you to determine if the missing Goods and Services are marked as out of stock. If so, then we will provide you with a refund to your card of purchase or coupon for the Goods and Services that were not supplied.
13.3 In all other circumstances, you may contact Bowls Business on 0429441991 during Business Hours within 24 hours after the delivery and we will take steps to verify and confirm any such missing items. Once we are reasonably satisfied that the item was not delivered to you, provide you with a credit to your relevant card account within 7 business days for the Goods and Services that were charged but not delivered to you.
14.1 The Bowls Business Returns Policy applies to all purchases of Goods and Services using the Site and forms part of these terms and conditions.
14.2 If you wish to return Goods and Services in accordance with our Returns Policy, then you may:
(a) return the Goods and Services to PO Box 45 Beaconsfield VIC 3807 Australia.
(b) contact Bowls Business by telephone to make arrangements to return the Goods and Services.
(c) All postage and handling costs associated with the return of the goods will be paid for by you the customer.
14.3 If you wish to return a Gift Certificate in accordance with our Returns Policy, then you may:
(a) return that Gift Certificate to Bowls Business via post to PO Box 45 Beaconsfield VIC 3807, include your receipt or
(b) contact Bowls Business by telephone to make arrangements to return the Gift Certificate
Once we receive and verify the Gift Certificate we will refund the money to you via Electronic Transfer, or telephone us to make other arrangements.
14.4 A copy of the Bowls Business Returns Policy is available at Returns
14.5 The Bowls Business Returns Policy applies in addition to any other rights to which you may be entitled under the consumer guarantees provisions of the Australian Consumer Law.
14.6 Exchange of Goods
(a)Customers are responsible for the cost of postage for any/all items being sent as an exchange item.
(b)Bowls Business will send postage/packaging for the return of the item(s) for exchange.
Please note the following:
Exceptions to Guarantees do not apply if you:
- got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it
- misused a product in any way that caused the problem
- knew of or were made aware of the faults before you bought the product
- asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted
Exceptions to Guarantees source: ACCC - Exceptions to Guarantees
15 Your general obligations
(a) securely keep both your User ID and password that is used to access the Site as well as details of your account.
(b) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
(c) must notify us through Bowls Business on 0429441991 during Business Hours if you are or become aware that there is or has been an unauthorised use of your User ID and password or account, or any other security breach relating to your account
(d) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
(e) are responsible and liable for any person that uses your User ID and password to order Goods and Services(s) through the Site;
(f) agree that we may charge you for all Goods and Services that we agree to supply to you that have been ordered using your User ID and password through the Site; and
You must not:
(a) make any fraudulent or speculative enquiries, purchases or requests through the Site;
(b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
(c) tamper with or hinder the operation of the Site;
(d) use any other person's details without their permission or impersonate another person when using the Site;
(e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(f) use the Site for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;
(g) knowingly transmit any viruses, defects, trojan horses worms, or similar disabling or malicious code to the Site;
(h) modify, adapt, translate or reverse engineer any portion of the Site;
(i) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
(j) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
(k) reformat or frame any portion of the web pages that are part of the Site;
(l) create accounts by automated means or under false or fraudulent pretences;
(m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
(n) take any action that imposes or that would, result in an unreasonable or disproportionately large load on our infrastructure;
(o) use the Site other than in accordance with these terms and conditions; or
(p) attempt any of the above acts or engage or permit another person to do any of the above acts.
17 Account Suspension
17.1 If we deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner we reserve the right to refuse service, terminate accounts and/or remove or edit content. Bowls Business also reserves the right to otherwise cancel orders in accordance with clause 10.
17.2 All credits that you are entitled to receive under these terms and conditions by electronic transfer will be refunded to your nominated account once we have conducted all our verification and other relevant checks as to the relevance to your account being locked, suspended or deleted under clause 21.1
You warrant that:
(a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;
(b) the person receiving the Goods and Services at the Delivery Address or collecting the Goods and Services on your behalf is authorised by you to do so; and
(c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any order to us.
19.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and 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. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
19.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Bowls Businesses' liabilities under those provisions:
(a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or Goods and Services for any purpose;
(b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
(c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.
19.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
20.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to the remedy the breach within 5 days of our notice to you of that breach; or
(c) if there is an emergency.
20.2 You may stop using the Site at any time and for any reason.
20.3 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Goods and Services that have been ordered are no longer available or we are prevented from supplying the Goods and Services, in which case, we will notify you and will refund to you all valid payments received by us for those Goods and Services.
22 Intellectual property rights
(a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the "Materials") are owned by or licensed to us;
(b) must not frame or embed in another website any of the material appearing on this Site without our prior written consent and;
(c) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent;
(d) store any Goods and Services content on this Site on your local computer for the sole purpose of viewing the content and Materials
22.2 You may:
(a) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Goods and Services but not for any other use, including commercial use.
22.3 This Site contains images and trade marks from third parties (our suppliers).You must not use any of the other company, Goods and Services trademarks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner's consent.
23 Changes to these terms and conditions
23.1 We recommend that you read these terms carefully each time you agree to them during the ordering process, as we may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted..
23.2 If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
24.1 The Site may contain links to external websites that are not operated by us. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the Goods and Services or services that are provided at those sites.
You agree that you access and use the Goods and Services and services made available at those sites solely at your own risk.
24.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
24.3 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.
24.4 Bowls Business attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to Goods and Services descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
Terms used are defined in these terms and conditions.
In these terms:
- Contact Hours means operating hours,
- Monday to Friday 8.30 am to 6.00 pm, Australian Eastern Daylight Time.
- Delivery Address
- means the address specified by you during the customer registration process for the delivery of Goods and Services that we will supply to you under these terms and conditions, or for Gift Certificates, delivery address means the address(es) specified by you for delivery. In the case of delivery to a remote area via a courier, Delivery Address means the address of the courier or postal outlet to which we deliver the Goods and Services.
- Delivery Fee
- has the meaning given in clause 10.1(b).
- Gift Certificate
- means any Goods and Services from the Gift Certificate section of the website.
- Gift Certificate Order
- means an order for a Gift Certificate.
- Goods and Services means
- each Goods and Services that is not a Gift Certificate.
- GST has the meaning
- it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
- User ID means
- the user identification that you provided to us as part of the registration process to use the Site.
- means any order for Goods and Services or Goods and Services submitted using the Site and include Gift Certificates.
- Goods and Services means
- each good or service that is advertised on the Site.