Terms of service
1. OVERVIEW
Welcome to Bathware Plus.
These Terms of Service (“Terms”) govern your access to and use of the Bathware Plus website, including any products, information, features and services made available through our website.
Throughout these Terms, “Bathware Plus”, “we”, “us” and “our”, ABN 50 111 792 502, trading as Bathware Plus, of 38 Fairfield Street, Fairfield East NSW 2165. “You” and “your” refer to any person accessing our website or purchasing products from us.
By accessing our website, creating an account, placing an order or purchasing products from us, you agree to these Terms.
If you do not agree to these Terms, you should not use our website or purchase products through it.
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable Australian legislation.
2. ELIGIBILITY
By using our website or placing an order, you represent that you have the legal capacity to enter into a binding agreement.
If you are purchasing on behalf of a company, business, builder, tradesperson or other organisation, you confirm that you have authority to make the purchase on their behalf.
3. PRODUCTS AND PRODUCT INFORMATION
Bathware Plus sells bathroomware and related products, which may include vanities, toilets, baths, tapware, mirrors, shaving cabinets, shower screens, accessories, kitchen and laundry products and other related items.
We make reasonable efforts to ensure that product descriptions, specifications, dimensions, colours, finishes, photographs and other information displayed on our website are accurate.
However, product images are for illustrative purposes and the appearance of products may vary due to lighting, photography, screen settings, manufacturing variations and other factors.
Minor variations in colour, finish, dimensions, texture or appearance may occur between batches or individual products.
Customers should carefully review product specifications and measurements before ordering and before commencing installation.
4. PRODUCT SUITABILITY
It is your responsibility to determine whether a product is suitable for your intended application before purchasing or installing it.
Where appropriate, we recommend consulting a suitably qualified tradesperson, plumber, builder or installer before purchasing or installing a product.
You should not rely solely on photographs or website images when determining dimensions, installation requirements or compatibility.
Nothing in this section limits any rights you may have under the Australian Consumer Law.
5. ORDERS
Placing an order through our website constitutes an offer to purchase the products included in that order.
An automated order confirmation does not necessarily mean that we have accepted your order.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
· a product is unavailable;
· there has been an obvious pricing or description error;
· payment has not been successfully processed;
· we reasonably suspect fraudulent or unauthorised activity;
· delivery cannot reasonably be made to the nominated address; or
· an order breaches these Terms.
If we cancel an order after payment has been received, we will refund the applicable amount paid for the cancelled product or order.
6. PRICES
All prices displayed on our Australian website are in Australian dollars (AUD).
Unless otherwise stated, all prices include GST. Delivery and freight charges shown at checkout also include GST.
Delivery and freight charges are calculated at checkout, based on your delivery location and the size and weight of your order, and are shown before you complete your order. We will contact you before dispatch if any additional charge applies, for example because of unusual access requirements.
We may change prices at any time. However, price changes will not normally affect orders that we have already accepted, except where permitted by law.
7. PRICING AND WEBSITE ERRORS
We take reasonable care to ensure pricing and product information is accurate.
Occasionally, a product may be incorrectly priced or described due to a typographical, technical or administrative error.
Where an obvious error occurs, we may contact you to explain the error and provide you with the option to proceed at the correct price or cancel the affected product or order.
Nothing in this section limits your rights under applicable law.
8. PAYMENT
Payment must be made using one of the payment methods available at checkout.
You agree to provide accurate and complete billing and payment information.
Orders may not be dispatched until payment has been received or otherwise approved under agreed trade or credit arrangements.
Where a third-party payment provider is used, additional terms imposed by that provider may apply.
9. AVAILABILITY
Products are subject to availability.
Stock levels displayed online may occasionally differ from actual stock due to simultaneous orders, stock discrepancies, damaged stock or other circumstances.
If an ordered product becomes unavailable, we may contact you to offer an alternative product, backorder option or refund for the unavailable item.
We will not substitute a materially different product without your agreement.
10. PRE-ORDER ITEMS
Products marked Pre-order are not yet in stock. The expected dispatch date is shown on the product page. Expected dates are estimates, and we will email you if the date changes.
Pre-order items are dispatched when the stock arrives. If your order contains both in-stock and pre-order items, it may be dispatched in separate shipments.
11. DELIVERY
We deliver Australia wide, including remote areas, where a freight carrier services the address. Some oversized or fragile items may not be available to remote locations.
Delivery charges, estimated delivery times and applicable conditions are set out in our Shipping Policy.
Delivery dates and timeframes are estimates unless expressly agreed otherwise.
Delays may occur because of circumstances outside our reasonable control, including freight delays, severe weather, transport interruptions, supplier delays and other events.
Nothing in these Terms limits any rights or remedies available to you under the Australian Consumer Law in relation to delivery or supply.
12. RECEIVING AND INSPECTING GOODS
Customers should inspect products as soon as reasonably practicable after delivery.
For freight or transit damage, we ask customers to inspect products and notify Bathware Plus of any visible damage within 48 hours of delivery wherever reasonably possible.
Where there is visible external damage to packaging or a product, please:
· photograph the packaging before opening where possible;
· photograph the damaged product;
· retain the original packaging; and
· contact Bathware Plus as soon as possible.
This inspection procedure assists us in investigating freight and damage claims.
The 48-hour inspection request does not exclude or limit any rights or remedies that you may have under the Australian Consumer Law, including where a defect or failure could not reasonably have been identified during the initial inspection.
13. INSTALLATION
Products requiring installation should be installed by an appropriately qualified or licensed tradesperson where required by law or appropriate for the product.
Before installation, the customer and/or installer should check the product for:
· damage;
· defects;
· correct model;
· correct colour or finish;
· dimensions;
· compatibility; and
· suitability for the intended installation.
Products should not be installed where an obvious defect, incorrect product or significant damage has been identified.
Nothing in this section limits rights that cannot legally be excluded under the Australian Consumer Law.
14. RETURNS AND CHANGE OF MIND
Approved change-of-mind returns are governed by our Returns & Refunds Policy, which sets out the full conditions.
In summary, Bathware Plus accepts eligible change-of-mind returns within 30 days of delivery or collection. An approved change-of-mind return is subject to a 20% restocking fee. For change-of-mind returns, the customer pays the cost of returning the goods and the original delivery charges are not refunded.
Any change-of-mind policy we voluntarily provide operates separately from your rights under the Australian Consumer Law.
A restocking fee will not be applied where doing so would unlawfully restrict a remedy to which a consumer is entitled under the Australian Consumer Law.
15. AUSTRALIAN CONSUMER LAW
Our products come with consumer guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.
Depending on the circumstances and the nature of a failure, you may be entitled to remedies including a repair, replacement, refund and/or compensation as provided by law.
Our voluntary warranties, returns policies and other store policies operate in addition to, and do not replace, your rights under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
16. WARRANTIES
Products are supplied with the manufacturer’s warranty where the manufacturer provides one. Warranty periods and conditions vary by product and manufacturer.
Any voluntary warranty provided with a product operates in addition to rights and remedies available under the Australian Consumer Law.
Customers should retain their proof of purchase for warranty purposes. To make a warranty claim, contact us using the details in section 31.
17. TRADE AND BUSINESS CUSTOMERS
Bathware Plus sells products to retail consumers as well as builders, tradespeople, developers, businesses and other commercial customers.
Additional terms, quotations, credit arrangements or trade account conditions may apply to trade or commercial purchases.
Where there is an inconsistency between these Terms and separately agreed written trade terms, the separately agreed terms will apply to the extent permitted by law.
Businesses may also qualify as “consumers” for certain transactions under the Australian Consumer Law. Nothing in these Terms excludes rights that apply to those transactions and cannot lawfully be excluded.
18. ACCOUNTS
You must provide accurate and current account information and promptly update it where necessary.
Please notify us promptly if you believe your account has been accessed without authorisation.
19. WEBSITE USE
You must not use our website:
· for unlawful or fraudulent purposes;
· to interfere with the security or operation of the website;
· to transmit viruses, malware or malicious code;
· to attempt unauthorised access to our systems or accounts;
· to scrape or systematically extract website content without permission;
· to impersonate another person or business;
· to infringe intellectual property or other legal rights; or
· in any manner that violates applicable Australian law.
We may restrict or suspend access to the website where reasonably necessary to protect our website, customers, systems or legal rights.
20. INTELLECTUAL PROPERTY
Unless otherwise stated, all content appearing on the Bathware Plus website, including logos, branding, photographs, product images, graphics, text, layouts, designs and other materials, is owned by or licensed to Bathware Plus and is protected by applicable intellectual property laws.
You may use the website for personal or legitimate business purchasing purposes.
You must not reproduce, republish, distribute, modify or commercially exploit our website content without our prior written permission, except where permitted by law.
21. THIRD-PARTY SERVICES AND LINKS
Our website may contain links to or integrations with third-party websites, applications, payment providers or other services.
Third parties operate under their own terms and privacy practices.
To the extent permitted by law, Bathware Plus is not responsible for third-party websites or services that are outside our control.
22. PROMOTIONS AND DISCOUNT CODES
Promotions, discount codes and special offers may be subject to additional conditions.
Unless otherwise stated:
· promotional offers cannot be exchanged for cash;
· discount codes must be entered at checkout;
· discounts may not be combined with other promotions;
· exclusions may apply; and
· promotions may have commencement and expiry dates.
We may withdraw or modify promotions where reasonably necessary, subject to applicable law and any rights already acquired by customers.
Where a product shows a “regular” or “was” price alongside a sale price, the regular price is a price at which that product was genuinely offered for sale by Bathware Plus before the sale.
23. LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot legally be excluded, restricted or modified under the Australian Consumer Law or other applicable legislation.
To the maximum extent permitted by law, Bathware Plus will not be liable for losses caused by misuse, improper installation, unauthorised modification or failure to follow applicable installation or care instructions, to the extent the loss was caused by those matters.
Any limitation or exclusion of liability contained in these Terms applies only to the extent permitted by law.
24. PRIVACY
We handle personal information in accordance with our Privacy Policy and applicable Australian privacy laws.
Please review our Privacy Policy for information about how we collect, use, store and disclose personal information.
25. SECURITY
We take reasonable measures to protect our website and customer information.
However, no internet transmission or electronic storage system can be guaranteed to be completely secure.
You are responsible for taking reasonable precautions when accessing our website and protecting your account credentials.
26. WEBSITE AVAILABILITY
We aim to keep our website available and operating correctly, but we do not guarantee uninterrupted or error-free access.
We may temporarily suspend access for maintenance, security, updates or circumstances outside our reasonable control.
27. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, website, services or applicable laws.
The updated Terms will be published on our website with an updated “Last Updated” date, which is shown at the top of these Terms.
Changes will apply prospectively unless otherwise permitted by law.
28. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or severed to the minimum extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
29. NO WAIVER
If Bathware Plus does not immediately enforce a right under these Terms, this does not necessarily constitute a waiver of that right.
30. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia, and applicable Commonwealth laws of Australia.
Subject to any rights you may have to bring proceedings elsewhere under applicable law, the parties submit to the jurisdiction of the courts and tribunals of New South Wales and any courts hearing appeals from them.
31. CONTACT US
If you have questions about these Terms of Service, an order or a product, please contact:
· Bathware Plus, a business name of Abraci Pty Ltd, ABN 50 111 792 502
· 38 Fairfield Street, Fairfield East NSW 2165
· Website: www.bathwareplus.com.au
· Email: info@bathwareplus.com.au
· Phone: 1300 30 90 26
