Terms and Conditions

TERMS AND CONDITIONS

 1. General

1.1 This website is owned by Hollie McCubbin & Craig Peters and used by our registered trading businesses ‘Aussie Browband Supplies’ & ‘DIY Browband Supplies’ using ‘Bayview Browbands’ as a subcategory.  Reference to such as ‘Aussie Browband Supplies’, ‘DIY Browband Suuplies’, ‘Bayview Browbands’, ‘our’ ‘us’ or ‘we’ refer to the legal entity of Hollie McCubbin and/or Craig Peters

1.2 This website is a retail shopping website where you can browse, select and purchase products from Aussie Browband Supplies & Bayview Browbands.

1.3 Your access to, and use, of this website, including your orders and purchases of products is governed by these terms and conditions (Terms and Conditions).

1.4 Each order you place will be a separate and binding agreement between you and ‘Aussie Browband Supplies’ or ‘Bayview Browbands’ with respect to the supply of the goods, in accordance with these Terms and Conditions.

 

2. Products and availability

2.1 Information in relation to product descriptions and purpose are in terms of that supplied by manufacturers or the best description of the product as determined by us. Some styles and colours may vary slightly from the products shown on this website.

2.2 All products on this website have been included in good faith on the basis that the products as described will be available at the time of sale.

2.3 A failure by our suppliers to deliver in accordance with the sample’s description, or at all, or other unintentional causes, may result in some lines being unavailable.

2.4 We reserve the right to substitute any product that may not be available with one of equal quality and design in consultation with you.

2.5 We may cancel an order if the products are not available or if there was an error in the price or product description on this website.

2.6 You agree and acknowledge that:-

(a) All pictures and images of goods displayed on the website are for illustration purposes only, and the sizes and dimensions of goods may differ in real life;

(b) You have read any corresponding written description of the goods prior to submitting your order;

(c) Where we provide dimensions and measurements in the descriptions of goods, it is your responsibility to ensure the actual size of each item is suitable for your purpose and prior to submitting your order; and

(d) An accessory featured with the goods is for illustration purposes only, and may be sold separately.

 

3. Pricing

3.1 All prices are shown in Australian Dollars including GST (where appropriate) and do not include any handling, postage or freight charges.

3.2 An order submitted by you on the website in the manner described on the website is an offer by you to purchase goods for the price (plus any Delivery Fee) as specified at the time you submit your order.

 

4. Payment

4.1 Payment for online orders will only be processed when you place the order.

4.2 Payment is to be made by Direct Deposit, PayPal or Credit Card (through the website or over the phone).

4.3 Unless otherwise stated, all prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

4.4 We reserve the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing.

4.5 In respect of an order, we will charge you, and you agree to pay:-

(a) the Price (which is the Price at the time the order is submitted); and

(b) the Shipping and Handling Fee.

4.6 If we are unable to process your nominated payment method, we may cancel your order.

4.7 We will provide you with a receipt showing the Price and all other fees and charges for the products in the ‘checkout’ during the order process.

4.8 You agree and acknowledge that any payment in respect of an order must be cleared by us before goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions.

 

5 Postage, handling, freight and delivery

5.1 Delivery is by Australia Post.

5.2 Postage and handling (Shipping and Handling Fee) is charged at a flat rate price for the postal speed of your choosing. Options available for your area will be displayed in the ‘checkout’ during the order process. Where ‘Local pickup’ is selected, the collection point is from Narrawong which is just outside Portland, in South West Victoria.

5.3 Subject to the other provisions as contained within these Terms and Conditions, we aim to achieve the delivery time frames advised to you on the website as part of the order process, subject to clause 5.4:-

5.4 You acknowledge and agree that notwithstanding anything else in this clause:-

(a) We cannot guarantee that delivery will occur in the delivery time frame specified in clause 5.3. The delivery time frames as advised in the order process are indicative delivery times, in business days, as advised by Australia Post for your area; and

(b) We will endeavour to dispatch orders within 2 business days (excluding public holidays & weekends) after payment has been accepted and cleared, subject to stock availability; and

(c) Delivery time frames may change from time to time due to unforeseen circumstances and that the time frames as specified in clause 5.3 are an estimate only in which we will not be liable or responsible for in the event of any delay; and

(d) We are not liable with respect to any loss, damage, costs, expense or injury you or any third party suffers as result of any change in delivery times or delay in delivery.

5.5 An appropriate person must be present to accept the delivery of your order, in which you may appoint a representative to do so in your place, in which any such representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representatives instructions as if they were your own.

5.6 On delivery, Australia Post may require you or your nominated representative to provide them with proof of identity, together with photo identification or proof of age. In the event that this clause is not complied with or no one is available to accept delivery then Australia Post reserves the right to refuse to complete delivery, in which Australia Post may elect to leave a calling card for collection from a local Australia Post Office. Where redelivery is required for any reason whatsoever then you may be required to pay an associated fee for redelivery.

5.7 Australia Post Postage Insurance is available upon purchase as per the Australia Post postage insurance guidelines.

 

6. Placing an order

6.1 Goods can only be returned under these Terms and Conditions in accordance with the returns policy as set out in clause 8.

6.2 You may purchase products by selecting and submitting your order through this website.

6.3 Any order placed by you through this website is an offer by you to purchase a product for the price notified (including delivery and any other charges, fees and taxes) at the time you place the order.

6.4 If we accept your order in which we may elect in our discretion not to accept, we will supply the product to you and send you an email shipment advice.

6.5 In certain circumstances, it may be necessary for us to reject your order and you will be notified of the rejection by email within a reasonable time after the order was submitted. Any funds received in payment of the cancelled order will be returned through the same method of payment as it was received.

 

7. Risk

7.1 Risk and title to the goods passes to you on the date and time we pass the goods to Australia Post.

7.2 A tracking number will be provided upon request for all orders sent by Express or Registered Post (through Australia Post) once the order is dispatched. You may track your order after dispatch by following the Track your item service on the Australia Post website. If for any reason there is an extended delay in the delivery of your order, we will assist you by communicating with Australia Post in an attempt to have your order located and delivered.

7.3 Any signature or scanning provided by Australia Post as evidence of delivery will be accepted as proof that the order has been completed.

7.4 If Australia Post attempts delivery of an item that appears to have been damaged in transit, you may be entitled to compensation from Australia Post in accordance with the Australia Post Compensation Policy. You must advise us of the details of any damaged items or parcels within 24 hours of the delivery.

 

8. Return for refund or exchange

8.1 If you need to return goods to us, please contact us by phone or email within two (2) business days to notify us of the reason why the goods are to be returned and the method of return. 

8.2 If you wish to dispute the contents of your receipted order, please contact us by phone or email within two (2) business days to discuss what you believe is missing and the proposed resolution you are seeking. We cannot offer returns on ribbon once cut. 

8.3 The contact details are as follows:-

Aussie Browband Supplies
PO Box 41
Narrawong
Victoria 3285
Australia

Phone: 0439 332 186

Email: sales@diybrowbands.com.au

8.4 Any products purchased cannot be returned, exchanged or replaced simply because you have changed your mind. 

8.5 We will only accept goods for refund when the goods are returned in the same unused original and sale-able condition that you received them. Ribbon cut to length will only be refunded as per clause 8.4

8.6 Goods damaged in transit or due to faulty manufacture, subject to clause 13.6 should be retained in case they need to be returned for our inspection or the inspection of the manufacturer

8.7 Replacement goods cannot be sent until we have received the returned goods.

8.8 We will refund any reasonable postage costs incurred in returning faulty goods.

8.9 Subject to clause 13.6 we will gladly refund your purchase if the goods supplied are faulty and we are unable to repair or find a replacement.

8.10 Any refund we provide will be made using the same payment method as used to purchase the goods.

8.11 Ribbon, once cut cannot be returned due to incorrect measurements on your behalf, unless you believe the incorrect colour/style has been provided as per clause 8.2

 

9. Exchange of products

9.1 We will only accept goods for replacement when the goods are returned in the same unused original and sale-able condition that you received them.

9.2 The cost of returning the goods to us is the responsibility of the purchaser

9.3 All exchanges will be charged at the usual postage rate when returned to you.

9.4 We do not accept any responsibility for goods lost in return transit.

 

10. Special Orders

10.1 Special orders mean any made to order items or any item ordered in specifically at your request such as complete browbands and may not be accepted for return or refund.

10.2 Notwithstanding clause 10.1 we may in its absolute discretion elect to choose to accept such returns and charge a handling fee of twenty percent of the value paid for the goods.

 

11. Defective Items

11.1 We will exchange, refund or replace any goods that have been purchased at full price which have later been determined to be defective by the manufacturer.

11.2 Any goods purchased at a reduced price and found defective will not be returned, exchanged or replaced provided the defect was disclosed at the time of purchase.

 

12. Liability

12.1 To the extent permitted by law and any rights which you may be entitled under our returns policy, our liability to you in respect of any claim for loss or damage, whosoever arising is limited to replacement or repair of the products or the supply of equivalent products.

12.2 Our liability to you for any loss or damage is reduced to the extent that you cause or contribute to the loss or damage.

12.3 We exclude, to the extent permitted by law, all implied terms and warranties whether statutory or otherwise relating to this website or the products and we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, goodwill, business opportunity, or injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

12.4 You acknowledge that this website and the information regarding the goods is provided “as is” and we make no representation or warranty as to the suitability of a product for any particular purpose.

12.5 Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Act) or any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of that Act to a supply of goods.

12.6 Other than expressly stated in relation to particular goods, we do not make any express warranty with respect to goods sold on the website, and are not liable to you or any third party with respect to any loss, damage, costs, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

 

13 Termination

13.1 We may immediately suspend, terminate or limit your access to and use of this website if you breach these terms and conditions and the breach either cannot be remedied or you fail to remedy the breach within ten (10) days notice of that breach to you by us.

 

14 Use of Materials

14.1 We allow you to print, re-produce, download and view materials from this website subject to the material being used exclusively for personal use and the material not being modified in any manner.

14.2 The copying, reproducing or distributing any material from this site for any commercial use is expressly prohibited without our express written consent

14.3 The copying, reproducing or re-designing of our trademarked logo’s is expressly prohibited without our express written consent.

 

15 Information on this Site

15.1 We take all care to ensure that the information contained herein is up to date and accurate however we make no representation as to the accuracy, currency or completeness of any information on the site.

 

16 Third Party Information on our sites

16.1 We endeavour to keep inappropriate material including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar and/or offensive material off our sites.

16.2 Third party insertion of information on product reviews is moderated by us and will not be approved if considered to be inappropriate.

16.3 Third party insertion on our Facebook page is monitored by us and will be removed if considered to be inappropriate

 

17 Expert Advice

17.1 Any expert advice contributed by our website is of general advice and should not be considered as specific to any particular individual or animal. For specific advice, you should consult your own animal health practitioner or appropriately qualified expert.

 

18 Cyber Security and Fraud

18.1 W are committed to protecting the security and integrity of online retailing.

18.2 We use Secure Sockets Layer technology (SSL) to create a secure online environment using encryption that provides the highest level of protection against online fraud.

18.3 Any attempts to commit online or credit card fraud will be referred to Queensland Police for investigation.

 

19 Privacy

19.1 We respect that personal information is provided to us by clients and are committed to treating that information with the highest degree of integrity and privacy.

19.2 Personal information we collect from you will only be used for the purpose of completing your purchase and to assist us in providing a higher level of service to you in the future.

19.3 Personal information held by us may include your name, current addresses, telephone / mobile number, email address, previous order history or shopping wishlists.

19.4 Your personal information may be provided to our agents, for example Australia Post, our accountant or our solicitor, for the purpose of completing your order or in the ordinary course of our business.

19.5 Your personal information will not be provided to any outside party unless compelled to by law or a court order.

19.6 We will take all reasonable precautions to prevent your personal information from loss, misuse, unauthorized access, modification or disclosure by storing it in a secure environment and allowing access only to authorised persons.

19.7 We do not hold your Credit Card details. Your Credit Card payments are made through PayPal when ordering online or eWay when ordering over the phone. Both PayPal and eWay are proven and secure banking gateway for real time Credit Card validation and transaction processing. eWay is a PCI DSS (Payment Card Industry – Data Security Standard) Tier 1 payment gateway meaning it adheres to the highest security standards set by Visa and Mastercard.

19.8 We invite our website users to create a password protected account in which contact details and order history are maintained for ease of reference and re-order. This information is stored on our secure database however for added security, we suggest that you use a unique password that is not the same as any other passwords you may use elsewhere.

19.9 If you have any questions in relation to your privacy, please contact us at:
Aussie Browband Supplies
PO Box 41
Narrawong, 3285
Narrawong
0439 332 186

Email: sales@diybrowbands.com.au

 

20. General

20.1 Any provision of these Terms and Conditions 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 and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

20.2 Any failure or delay by us to exercise a power or right under these Terms and Conditions 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.

20.3 The laws of Victoria, Australia govern this agreement, in which your transaction is deemed to having taken place inVictoria.