1.1 Accepting this Agreement
These terms govern your access to and use of our website www.bamboogrove.com.au (Website) and the sale of goods via them. You (your and other similar terms) means a person or entity using the Website.
By purchasing goods or continuing to use this Website, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to purchase goods or continue to use our Website.
It is your obligation to ensure that you have read, understood and agree to the most recent terms published by us from time to time which we make available on our Website.
1.2 Contacting us
Please email us at email@example.com if you have any questions relating to this Agreement.
(a) many of the goods for sale via our Website are not held in stock and may be sourced from suppliers in Australia and throughout Asia, such as China and Vietnam; and
(b) our Website may from time to time contain bugs and errors which do not substantially interfere with its normal operations.
3. Use of the Website
3.1 Website not locally available
You acknowledge and agree that the Website:
(a) will only be accessible using the internet, and will not be available "locally" from your own devices; and
(b) is operated from servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including data storage and payment processing.
3.2 Errors, updates and downtime
You acknowledge and agree that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to product description, pricing and availability.
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.
3.3 Security responsibilities
We will take reasonable steps to ensure that the Website is secure from unauthorised access consistent with generally accepted industry standards including SSL encryption when passing payment details to the payment gateway provider.
Where you wish to create an account on our Website, you acknowledge and agree that you are required to provide us with Personal Information and any other information reasonably requested by us for the purpose of setting up your account.
You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your account details whenever any such information changes and you will not provide false or misleading information.
You agree not to request or allow another person to create an account on your behalf, for your use, or for your benefit. You also agree not to disclose your account security credentials to another person or permit them to access your account on your behalf. You are responsible for the activities undertaken using your account which occur via our Website, whether such activities are authorised by you or not.
We reserve the right to reject any new account in our absolute discretion.
3.5 Your responsibilities
You must not:
(a) attempt to gain unauthorised access to or impair any aspect of the Website;
(b) in any way tamper with, hinder or modify the Website;
(c) provide false or misleading information, including in any product reviews or social media forums;
(d) knowingly transmit any viruses or other disabling features to or via our Website;
(e) intentionally disable or circumvent any protection or disabling mechanism related to the Website;
(f) use the Website in any way which could be reasonably expected to interfere with or damage our network or any other operator's network; or
(g) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
4. Making purchases
4.1 Placing orders
Prices for products presented on this Website are provided as an invitation to treat. The final price of the products you purchase is calculated at checkout and may include additional costs such as taxes, delivery charges and insurance.
The price shown at the time you enter your payment details is the total price of the order notwithstanding the individual products purchased may have been presented on the Website at a lower price.
By entering your payment details you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. Acceptance of your offer is deemed once we confirm your shipment with our suppliers or fulfilment centres and notify you.
If you identify an error in the order you may contact us and if your shipment has not been confirmed, we will wherever possible, amend the order.
In purchasing products from us, you agree to abide by the terms and conditions imposed by your financial institution (including buy-now pay-later providers) and pay the amounts in relation to the transactions you authorise on this Website.
While we use only reputable payment gateway providers, we are not liable for any act or omission of the payment gateway provider you select at checkout. You are responsible for the payment of any goods and services, or value added taxes which are presented to you at the time of making an order.
We endeavour to deliver the products you purchase within the time specified when you make an order. However, delays may occur in our delivery and fulfillment services from time to time. Should you encounter a delay in delivery you can contact us via the email address set out above so we can investigate the reason for the delay in delivery.
We reserve the right to dispatch the products you purchase in more than one delivery. Upon delivery if the courier considers it unsafe to leave the package it may be delivered to the collection point nearest the shipping address on your order. We are not liable for any loss or damage which occurs in the delivery of the products.
4.4 Products may not be available
You acknowledge the products advertised via the Website may be unique or available in low stock volumes. If we are unable to fulfil an order, we will contact you and reimburse you for the cost of that product.
4.5 Gift cards and discounts
From time to time and at our sole discretion we may make available to you the use of discount codes and redeemable gift cards. Discount codes and gift cards are redeemable when you place your order and on the conditions upon which those discount codes and gift cards were offered.
4.6 Refunds and defects
Once a transaction is concluded the products may not be returned other than in accordance with our refunds policy (available on our Website) or the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other consumer protections laws we are required to comply with.
Any defects purportedly present in the product must be reported to us in writing within 7 days of the product being delivered.
When we talk about Personal Information, we mean information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form (Personal Information).
6. Intellectual Property
When we talk about Intellectual Property we mean all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right (Intellectual Property).
We own or have a licence to use all the Intellectual Property in the Website. You warrant that you will not do any of the following, or permit any person over whom you have effective control to:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Website;
(b) incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format;
(c) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Website on any medium; or
(d) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Website or any documentation associated with them.
You warrant you are over the age of 18, have the requisite authority to enter into this Agreement and have authority to use the payment method you select.
We warrant the products are free from material defects, fit for their intended purpose, are of merchantable quality, meet the description of the product as set out on the Website and are delivered free of liens or encumbrances.
References to non-excludable conditions mean any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded (Non-Excludable Condition).
Subject to the Non-Excludable Conditions, all other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly contained in this Agreement, applies to the product. Additionally, we make no warranties or guarantees:
(a) the Website is of acceptable quality or fit for a particular purpose;
(b) regarding your access to, or the results of your access to, the Website, including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
8.1 Exclusion of liability
Subject to the Non-Excludable Condition and to the maximum extent permissible by law, we exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) the Website being inaccessible for any reason;
(b) the use of a product for a purpose it was not intended to be used for;
(c) incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
(d) computer virus, trojan and other malware in connection with the Website;
(e) security vulnerabilities in the Website or any breach of security that results in unauthorised access to, or corruption of data;
(f) any negligent act performed by you in connection with the Website or the product;
(g) any unauthorised activity in relation to the Website;
(h) your breach of this Agreement; or
(i) any act or omission by you, your personnel or any related body corporate under or in relation to this Agreement.
8.2 Limitation of liability
Where a Non-Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
(a) in the case of goods, the re-supply of the goods or payment of the cost of the re-supply of the goods or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; or
(b) in the case of services, the resupply of the services or the payment of the cost of having the services resupplied.
You agree to indemnify us, including our directors, employees, contractors, agents, subsidiaries and related bodies corporate against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Website, including any costs arising from:
(a) your breach of this Agreement;
(b) your or any authorised user’s infringement of any third party Intellectual Property Rights while using the Website; or
(c) any harm to, claim or action by a third party arising directly or indirectly from your use of the Website.
We may end this Agreement immediately if:
(a) in our reasonable opinion you are in breach of this Agreement; or
(b) our supplier terminates or breaches their agreement with us.
If we terminate this Agreement, we will refund you any money paid to us for goods which you have not received.
Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Event of Force Majeure - means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
The parties' obligations, other than an obligation to pay money, under this Agreement are suspended for the duration of and to the extent they are affected by an Event of Force Majeure.
Either party may end this Agreement if the Event of Force Majeure continues for more than 30 days.
Governing law - The laws of Queensland and the Commonwealth of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement which we send to you, will be sent to you via the email address provided to us by you. By accepting these terms, you give your consent to receive communications from us by email. Your notices to us should be directed to firstname.lastname@example.org or sent via the facilities made available to you on our Website.
Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.Variations to this Agreement - We may vary this Agreement at any time by posting the new terms and conditions on our Website.