Terms of service

 

 Terms and Conditions

These terms and conditions apply to the use of the Bambury Pty Ltd. website. By placing an order with us, you are agreeing to accept these terms and conditions (The Conditions).

Please note, these terms and conditions can potentially change at any time, and it is your responsibility to check these terms and conditions regularly before ordering products in case there are any changes. If you do not agree with the terms and conditions set out below, you should not use or access these websites.

If you have any queries relating to our terms and conditions, please contact the Customer Service team before placing an order.

The following terms and conditions will apply between you and  Bambury Pty Ltd, when you purchase an item from bambury.com.au. The terms do not affect your statutory rights.

  • Your contract for purchases made through bambury.com.au is with Bambury Pty Ltd and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
  • You must be eighteen years old or above to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
  • You warrant that all details you provide to bambury.com.au for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
  • You agree that e-mail can be used as a long-distance means of communication.
  • If there are any changes to the details supplied by you it is your responsibility to inform  Bambury Pty Ltd as soon as possible.
  • It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law.
  • Bambury Pty Ltd reserves the right to terminate our agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:
    • you fail to make payment to us when due
    • you breach any of our terms and conditions
    • when requested by us to do so, you fail to provide within a reasonable time frame, sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
    • we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on bambury.com.au

 

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

 

Ordering

When placing an order, you warrant that any and all information given is accurate and complete.

  • All orders are subject to acceptance and product availability.
  • Availability information for products is listed on each individual product description.
  • All prices listed on bambury.com.au are correct at the time of entering the information, however, we reserve the right to change prices of any product at any time. All prices include sales tax.
  • No contract for the sale of any product will exist between you and bambury.com.au until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
  • This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost (including GST and P&P) and usual delivery times.
  • You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
  • If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.

 

Delivery

  • The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
  • Bambury Pty Ltd are unable to specify a delivery time.
  • Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
  • The couriers or postal services nominated by  Bambury Pty Ltd will deliver Products during local business hours (9am to 5pm, Monday to Friday)
  • Bambury Pty Ltd is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by Bambury Pty Ltd (as notified to the Customer) in relation to date and time of delivery.  Bambury Pty Ltd shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

 

Payment

  • bambury.com.au accepts the following credit cards:
    • Visa, Mastercard and American Express.
  • All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
  • If you haven’t submitted an order, you may clear the items in your shopping basket at any time prior by clicking the ‘Remove’ button next to the product ordered in you shopping basket.

 

Cancelling Your Order

  • If you have submitted your order and received your confirmation email from bambury.com.au, you may not change your order once it has been invoiced. Please email your order cancellation request marked ‘URGENT CANCELLATION’ to hello@bambury.com.au. Please ensure you list your name, address and order number in the email.
  • If you wish to cancel your order and your order has already been dispatched from our warehouse, you will need to wait until you receive the product and then follow our Returns procedure.
  • Once we’ve received notification from you that you wish to cancel an order and it has not been invoiced, any sum debited to us from your credit or debit card will be re-credited to that credit or debit account within 3 business days of your order cancellation.

 

Exchange Procedure

Bambury Pty Ltd will be happy to honour our obligations under the Australian Consumer Law if any product is damaged, faulty or incorrectly shipped through any circumstance that is in our error.

 

Privacy

  • Bambury Pty Ltd will not pass on your personal or credit card details to any third party.
  • We will never ask for personal details via email. If you receive an unsolicited email asking you for your bambury.com.au log in details, please contact our Customer Service team immediately.

 

First Order Discount

  • All new Bambury subscribers are entitled to $10 off their first purchase for any orders over $50.
  • This coupon code can only be used once and is non-combinable with other promotional codes and offers.
  • The limit is one coupon per customer and is valid for 1 month from the date of issue.

 

Joining And Subscribing To Bambury

  • When you join or subscribe to Bambury you agree to be subscribed to the Bambury mailing list. You can unsubscribe at any time.
  • When you join or subscribe to Bambury Pty Ltd you will be sent a complimentary coupon code for your first purchase as a registered customer. This registration coupon code has a limit of one per customer and can only be redeemed once. This coupon is not transferable. The coupon applies to any purchase $50 and over (excluding shipping) and is valid for 1 month from the date of issue. Bambury Pty Ltd reserves the right to cancel and refund any purchase if the coupon code criteria is not met.
  • If any item(s) are returned as per the 30 day money back guarantee and the total value of the order (after refund) falls below $50, Bambury Pty Ltd reserves the right to deduct the coupon code value from the refund amount.

 

Liability

We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

  • If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on bambury.com.au is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to accept an order for a product that was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether.
  • In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, please notify us of the problem in writing at the address stated in the confirmation e-mail and we will be happy to honour our obligations under the Australian Consumer Law.
  • We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of mitigating factors such as Internet browsers, monitor colour contrasts etc, we cannot be held responsible or liable for any colour discrepancies between the image and the actual product.
  • The products sold on bambury.com.au are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from bambury.com.au except to the extent of any liability at law.
  • We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
  • We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  • We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website.  We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website except to the extent of any liability at law.
  • We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
    • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
    • Any loss of goodwill or reputation; or
    • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions
  • Nothing in the Conditions shall exclude or limit our liability for death of personal injury resulting from our negligence or that of our servants, agents or employees.

 

Copyright

All rights, including copyright, in the content of the bambury.com.au web pages are owned or controlled by Bambury Pty Ltd. In accessing bambury.com.au web pages, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the bambury.com.au web pages for any other purpose whatsoever without the prior written permission of Bambury Pty Ltd.

 

Third Party Information

We can not be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Bambury Pty Ltd products are those stated on the Bambury Pty Ltd material. We can not vouch for the reliability of prices stated on shopping directories or through any other third party.

 

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

 

Entire Agreement

These Conditions govern our relationship with you.  Any changes to these Conditions must be in writing and signed by both parties.  In this way, we can avoid any problems surrounding what Bambury Pty Ltd and you are expected to do.  You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.  Your Statutory Rights are not affected by these terms and conditions.  Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

 

Law

The Conditions shall be governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.

 

Promotions

  • All promotions on bambury.com.au and Bambury Pty Ltd e-newsetter are only applicable online at www.bambury.com.au. Online promotions do not apply to retail stores or any other online retail stockist.
  • Bambury Pty Ltd reserves the right to decline and refund an order in the event that there has been an error with any promotional pricing or conditions.
  • When returning an item or items that have been purchased during a promotional offer, the refund amount will take into account the promotion conditions. If the minimum purchase conditions are no longer met due to the return, the discount value will be deducted from the refund amount owing.

 

Mobile Message Service Terms and Conditions

The Bambury mobile message service (the "Service") is operated by Bambury (“Bambury Pty Ltd”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders) from Bambury via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (866) 749-0049. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Bambury mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (866) 749-0049 or email hello@bambury.com.au

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.