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Terms and Conditions
Pacific Bathroom Website Terms and Conditions
Pacific Bathroom Website Terms of Sale
You agree to use and have access to the Pacific Bathroom website:
1.1 On the following terms and conditions:
ONLINE TERMS AND CONDITIONS OF SALE
- Any price stated by Pacific Bathroom (whether in store or online) is valid for 30 days only from the date provided and then will be subject to normal price rises unless otherwise stated
- Payment Terms – You accept that any sale of product is conditional on full payment of the product and delivery expense being received by Us within 2 days and you acknowledge by placing an order that the provisions of these Online Terms and Conditions of Sale apply to this contract between us.
- Payment prior to Delivery – Orders are submitted based on full payment of the quoted price and delivery costs being made immediately or at least 2 days after the order has been submitted by you either online or in store.
- That in accordance with the provisions of the Privacy Act, if Pacific Bathroom considers it relevant to assessing any application for commercial credit, I/we understand and consent to Pacific Bathroom obtaining from any credit reporting agency any credit report containing personal credit information about me/us. In accordance with the provisions of the Privacy Act, if Pacific Bathroom considers it relevant to collecting overdue payments, I/we agree to Pacific Bathroom receiving from a credit reporting agency a credit report containing personal information about me/us in relation to overdue payments. Under the Privacy Act, if you have made a credit application to it, Pacific Bathroom is allowed to give a credit reporting agency personal information about, information which may be given to an agency includes, identity particulars, the fact that you have applied for credit and the amount, the fact that Pacific Bathroom is a credit provider to you, payments which become overdue by more than sixty (30) days and for which collection action has been commenced, advice that payments are no longer overdue, cheques drawn by you which have been dishonoured more than once, that credit provided to you by ”Pacific Bathroom” has been paid or otherwise discharged and in specific circumstances, that in the opinion of Pacific Bathroom, you have committed a serious credit infringement.
- You agree to pay Pacific Bathroom all costs and legal expenses on a full indemnity basis whatsoever which Pacific Bathroom incur in relation to or arising from any breach by you of the terms of this Contract. Such costs and legal expenses on a full indemnity basis may be recovered from you by Pacific Bathroom as a liquidated debt.
- Orders for product lines which are not normally stocked by Pacific Bathroom and which are ordered by Pacific Bathroom cannot be cancelled.
- To the full extent possible any warranty implied into this Contract by law are expressly excluded. In addition, any liability of Pacific Bathroom for any loss and damage howsoever arising (including any other direct or indirect loss or damage including consequences losses are claimable by you against Us. You will indemnify and forever liability based on the negligence of Pacific Bathroom will be limited to the costs of the replacement of the goods and not keep Pacific Batthroom indemnified in respect of any claim arising out of or in connection to this Contract.
- Pacific Bathroom will not be liable whatsoever to you for any manufacturing or transport delays whether internal or external of Australia that you may endure.
- You will deliver to Pacific bathroom at your sole expense, any item purchased by you that you believe to be defective or nonconforming in any way. If it is not reasonably practical to deliver the product to Pacific Bathroom for inspection, you will permit Pacific Bathroom or any of their authorised representatives to access any property for the purposes of inspecting the product.
- You acknowledge that you know that some products may differ slightly from the dimensions or aesthetic appearance and that you are aware that these cannot be predicted or prevented and that this effect has no detrimental influence on the operation, durability or life of the product. You also accept that these differences are not a manufacturing fault and that neither the manufacturer nor Pacific Bathroom will accept liability for any such minor differences or complaints
- Title and Risk in the products only passes to you upon delivery.
- We may under certain circumstances set-off amounts owed by Pacific Bathroom to you from the amounts owed by you to Pacific Bathroom.
- Where there is a dispute between you and Pacific Bathroom which cannot be resolved to the mutual satisfaction of BOTH parties, you agree to submit to the exclusive jurisdiction of the Courts of Queensland to hear and determine that dispute.
- The law applicable to these Online Terms and Conditions of Sale is the law of the State of Queensland.
- If any provision of these Online Terms and Conditions of Sale is found to be unenforceable for any reason then that provision will be severed from these terms and will not affect the enforceability of any other of these Terms and Conditions of Trade.
- The provisions of the Goods and Services Tax legislation will apply to this contract.
You must not;
2.1). Use the site (including any of Pacific Bathroom social media sites) for any activities, or post or transmit to or via the sites any information or materials, which;
2.2). breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes;
2.3). Interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the sites;
2.4). is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings.
2.5) use the sites to send unsolicited commercial or electronic messages.
2.6). make any fraudulent or speculative enquiries, reservations or requests using the site.
2.7). tamper with, hinder the operation of or make unauthorised modifications to the site.
2.8). knowingly transmit any virus or other disabling feature to or via the site; or
2.9). attempt any of the above acts or permit another person to do any of the above acts.
3.1). The website and the content are subject to copyright, and other intellectual property rights. These rights are owned by Pacific Bathroom.
3.2). You must not otherwise reproduce, transmit in any way (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Pacific Bathroom website, including video footage, except as permitted by law or Pacific Bathroom consent.
3.3). The Pacific Bathroom online web site or pages MAY include registered trademarks that are otherwise protected by law. You may not use Pacific Bathroom trademarks without Pacific Bathroom or Copper Trading Pty Ltd direct consent.
4.1). Pacific Bathroom uses a number of social media sites (eg YouTube, Facebook, Instagram); but these may change over time. We reserve the right to cease any such sites in our discretion. Our own Sites may also include social media functions, including user reviews, ratings, forums, and the ability to interact with other users.
4.2). Pacific Bathroom does not necessarily endorse, support, verify or agree with any comments, opinions or statements posted by any users on its site or Pacific Bathroom social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent Pacific Bathroom views.
4.3). You access any of those sites and use the information, products and/or services made available at those sites at your own risk.
4.4). Users must not post or upload any comment, content or link to the sites or Pacific Bathroom social media sites which does not comply with these terms, including if it is defamatory, harassing, bullying, indecent or inflammatory.
4.5). Pacific Bathroom may moderate user-posted content and may remove any content that, in our opinion, is inappropriate. While we review content regularly, there may be times when inappropriate content is viewable before it can be removed.
4.6). Pacific Bathroom does not undertake to inform users when such content has been moderated or suspend users in our sole discretion.
4.7). Where you post or submit content to a site, you warrant that you;
1.2). Have the right to submit the content (including copyright); the content is your own original creation and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968).
1.3). Pacific Bathroom may copy, reproduce, publish, display, alter user submitted content, and use it for any purpose, (including without limitation, any future promotions involving Pacific Bathroom) at any time in the future, and via any media;
4.8). Pacific Bathroom does not accept any responsibility or liability where content is downloaded from the sites, nor in relation to any matters after such download. Third parties may comment on, link to, re-post, or otherwise deal with the user submitted content once it is submitted, and Pacific Bathroom does not accept any liability for such actions and;
5.1). From time to time, some goods may be out of stock or are unavailable and we may not be able to fulfil all or part of your order. If this happens, we will refund you the price paid for the goods impacted.
5.2). We may withdraw or suspend from sale any item displayed on the Website, either temporarily or permanently, at any time. Pacific Bathroom will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of sale of a particular item.
5.3). Where an item which is the subject of an order has been withdrawn or suspended from sale and your payment for the item has already been processed, we will refund any money paid to us under clause 8.
5.4). Pacific Bathroom reserves the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your order is affected by an error on the Website (for example, in a description, an image, price or otherwise), we will reject that part of the order affected by the error. You will be refunded the value of that part of your order affected by the error, under clause 7, and Pacific Bathroom will fulfil the remainder of your order.
5.5). If your Order is affected by a genuine error (including in a description, an image or a price), we reserve the right to cancel your order and refund any money paid to us.
5.6). You acknowledge and agree that:
5.6.1). all pictures and images of goods displayed are for illustrative purposes only;
5.6.2). any accessory featured with the goods is for illustrative purposes only, and may be sold separately; and
5.6.3). where we provide dimensions and measurements in the description of an item, the dimensions may vary slightly in real life, and it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order.
6.1). When you place an order, we will charge you and you agree to pay the price and any applicable delivery fee.
6.2). All prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including delivery fees) imposed by these terms also include GST where applicable.
6.3). Pacific Bathroom reserves the right to change or alter prices without notice to you. If you have already submitted an order at a particular price, we will supply your goods at that price (unless your order is affected by a pricing error, in which case clause 5.4 will apply).
6.4). Payment methods are specified on the Website or told to you at the time you place your order. They include credit card, Amex etc.
6.5). Any payment for an order must be cleared by Us before goods are dispatched. If your payment cannot be processed, your order will be rejected, and you will be notified of this on the Website or by our staff. If a credit card payment cannot be processed, you should contact your card issuer to try to resolve the problem or use an alternative payment method in order to continue with your order.
6.6). In paying or attempting to pay for goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
7.1). Unless provided for under these terms or as otherwise agreed by Pacific Bathroom, no cancellations or changes to orders will be accepted, and the goods will be delivered to the delivery address in an order. You should carefully check that your order is accurate before you submit it. You will, however, be able to return goods under the Returns Policy.
7.2). If we cannot contact you about your order using the contact details you provided in the order, after having made reasonable attempts to contact you, we will cancel your order and refund any money paid.
7.3). Delivery fees or freight charges will not be refunded if you return goods for change of mind or made an incorrect selection, including if you ordered the incorrect size, colour etc.
7.4). Goods can only be returned in accordance with these terms and the Returns Policy. The Returns Policy forms a part of these terms.
7.5). Pacific Bathroom will process any refunds within a reasonable time of agreeing to do so.
7.6). If the original payment was made on a credit card, refunds will be processed on the same card as the original payment was made.
7.7). For In-Store Orders, where you paid in cash or by EFTPOS, you can obtain a refund by returning to the store where you purchased the goods.
8.1). The goods, prices, and promotions offered on the Website may not be the same as those offered in Store. Pacific Bathroom is not required to match a price where the offer or price relates to an online only offer or where there is a price error. You may receive online offers and promotions, whether mailed to your home, with your order or emailed to you.
9.2). We may also collect (even if you do not register to the Website), and our third party providers of advertisements and content may collect, location and other information such as the URL or advertisement you came from or linked to, IP address, browser type, pages you visited from the Website etc.
9.3). Unless otherwise indicated in your account settings or at the time you place your order, Pacific Bathroom may send you marketing information.
9.4). We reserve the right to conduct and implement fraud detection processes, including without limitation to validating your credit card details.
10.1). Risk and title of the goods passes to you on the date and time of delivery of the goods by the delivery agent or when collected in store.
10.2). Our goods come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.
10.3). Pacific Bathroom excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
11.4). You represent and warrant to Pacific Bathroom that Pacific Bathroom will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.
10.5). Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
11.1). We may, at any time and at our sole our discretion, terminate the agreement for the supply of goods to you:
11.2). for convenience, at any time, on giving notice to you; or
11.3). immediately if Pacific Bathroom reasonably believes that you have breached these terms and:
11.4). that the breach is not capable of remedy; or
11.5). if you have been provided with notice of the breach, and you have failed to remedy that breach.
12.1). We always reserve the right to make changes to these terms. Any variations to these terms will take effect from posting on Our Website. The terms which apply at the time you place an order are those that govern that order.
12.2). We may give notice to you by electronic mail. You may give notice to Us by electronic mail.
12.3). Any provision of these terms 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 or affect the validity or enforceability of that provision in any other jurisdiction.
12.4). A failure or delay by Pacific Bathroom to exercise a power or right under these terms does not constitute as a waiver of that power or right, and the exercise of a power or right by Pacific Bathroom does not preclude its future exercise or the exercise of any power or right.
12.5). The laws of Queensland, Australia govern this agreement. Your transaction is deemed to have taken place in Townsville, Queensland.
The following definitions apply to these Terms.
13.1). Click & Collect allows you to purchase goods for collection at the Pacific Bathroom store.
13.2). Delivery Address means the address to which the goods are to be delivered, as stated on your order.
13.3). Delivery Agent means a third-party delivery or shipping company engaged by Pacific Bathroom to deliver goods.
13.4). Delivery Fee means a fee for the delivery of goods.
13.5. Goods means the product offered for sale on the Website at pacificbathroom.com.au
13.6). GST has the meaning (Goods and Services Tax) Act 1999.
13.7). Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
13.8). Order means a request by you to purchase goods from Pacific Bathroom under these terms (whether through the website or In-Store).
13.9). Personal Information has the meaning given in the Privacy Act 1988.
13.10). Price means the purchase price of each item as specified on the website or in store
13.12). Returns Policy means the Pacific Bathroom Returns Policy.
13.13). Warranty means the Pacific Bathroom Warranty Policy.
13.14). Website means the site www.pacificbathroom.com.au
13.15). Website Terms means the terms governing your use of the Website, in addition to these terms. View the website terms and conditions at wwwpacificbathroom.com.au
13.16). You and Your means you as the purchaser of goods from Pacific Bathroom pursuant to these terms.
14.1). Pacific Bathroom makes no representations or warranties of any kind, express or implied as to the operation of our site or the information, content, materials or products included on our Site, except as otherwise provided under applicable laws.
14.2). Neither Pacific Bathroom, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages arising out of, or in relation to, the use of our site or sites linked to our Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages suffers, as well as damages for loss of profits, business interruption or the loss of data or information.
14.3). You assume all risk of use of all features of a site. You release Pacific Bathroom of all responsibility for any consequences of their use.
14.4). By continuing to access www.pacificbathroom.com.au you agree that your access to, and use of the site is subject to these terms and all applicable laws, and is at your own risk.
14.5). Our site and it’s contents are provided to you on “as is” basis; our sites may contain errors and inaccuracies and may not be complete or current. We cannot guarantee our sites will always be available, fault or virus free.
15.1). We may vary these terms at any time. By continuing to use the site you consent to any variations. It is your responsibility to regularly check these terms for any variations.
15.2). At any time, we may, at our sole discretion, suspend or terminate the access to the site for any user without notice for any reason, including but not limited to a breach of these terms.
15.3). We may disclose any information we may have about a user in relation to an investigation or allegation that your use of the sites breaches these terms, or any applicable laws.
15.4). We may identify or bring legal action against any person who is or may be breaching these terms, including obtaining injunctive relief.
16.1). These terms and the sites are governed by and construed in accordance with the State of Queensland, Australia. If a dispute arises from these terms, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia, except in relation to application for any injunctive relief sought by Pacific Bathroom.
16.2). The Site may be accessed in Australia and overseas. We make no representations that the sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the sites.