TERMS AND CONDITIONS

INTRODUCTION

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and BND Australia and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.bndaustralia.com. By placing an order for Goods from BND Australia you agree to these Terms and Conditions. Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions: “Account” means a personal account created by you on the Website; “Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery Charges and estimated delivery times may vary for each Delivery Option; “Order” means an order for Goods, placed on the Website; “Password” means the password needed to access your Account; “Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age; “Website” means www.bndaustralia.com

2. YOUR LEGAL RIGHT

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that BND Australia represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. PRICING & PAYMENT

1. Prices for Goods are as shown on the Website.
2. BND Australiareserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by BND Australia.
3. In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
4. By placing an Order, you agree to pay the price for the Goods and any Delivery Charge.
5. All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
6. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use Adyen’s E-commerce secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
7. We reserve the right, at our discretion, to use strong customer authentication techniques to authenticate any online card transaction including, but not limited to, the use of 3D Secure.
8. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout, and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our Customer Service Team.

4. ORDER

1. You can place an Order by following the instructions on the Website.
2. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. BND Australia may accept or reject your offer in its absolute discretion. In particular, but without limitation, BND Australia may reject Orders for commercial quantities of Goods.
3. Each Order that you place will, if accepted by BND Australia, be a separate and binding agreement between you and BND Australia with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
4. If you place an Order for someone else to receive the Goods you must obtain their consent before providing BND Australia with their personal information and, by placing an Order, you confirm to BND Australia that you have done this.
5. Please ensure that you enter all information carefully when placing an Order. You warrant to BND Australia that all information provided by you in relation to each Order is complete, true and accurate.
6. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted byBND Australia. BND Australia will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
7. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BND Australia will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by BND Australia, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Where you place separate order the Goods will be delivered separately and a separate Delivery Charge will apply to each order. BND Australia cannot consolidate separate Orders into one delivery.
9. The internet can be an unstable marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
10. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BND Australia will not be liable to you, or any other person, for any loss, damage, cost or expense.

5.DELIVERY

1. We deliver to most areas in mainland Australia. Please refer to our Delivery Service page to check that you are in our delivery area. If you are not in our delivery area, please contact our Customer Service Team to discuss delivery options.
2. If you need to change the delivery address, please contact our Customer Service Team at least 48 hours.

6. RETURNS/FAULTY OR DAMAGED GOODS

1. You should check your Goods as soon as they are delivered to you in order to ensure that:
2. When returning Goods:

7. REFUNDS

1. BND Australia do not normally provide refunds if you:

• knew of or were made aware of the faults before you bought the product;

1. asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.
2. require to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
3. Refunds should be the same amount you have already paid and will be processed within 14 working days. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), BND Australia  will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all. Please note that if BND Australia is obliged to provide you with a partial refund of your payment for specific Goods in your Order excludes the delivery cost.
4. Refund can be provided in either cash or store credit. If you choose to receive cash there will be a re-stocking fee of 10% of your original purchase price – if you do not want to be charged for the restocking fee you can choose to receive your refund as a store credit.
5. All promotional offers and cashback will be no refunds and no return available on the purchased items.

8. RETURNS AND REPAIRS

1. For returns and repairs, please contact our Install and Fix Solution team on(61)7 3868 2888, or email to sales@bnd.net.au  to let us know as soon as possible. You may also visit Midea Brand Store (Underwood) and our staff member will assist you with any return or repair, which may include inspecting the goods, arranging for the goods to be sent for repair, or providing you with a replacement.
2. Goods must be returned within a reasonable timeframe, which may vary from product to product. For goods cannot be easily returned to us due to their size, the fault, or because they have been affixed or installed, please contact our Install and Fix Solution team on (61)7 3868 2888, or email to sales@bnd.net.au so we can further assist.
3. Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description.
4. You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which fee may vary due to reasons beyond our control.
5. If any goods that you return are capable of retaining user generated data such as the setting of the Wi-Fi connection, the replacement or repair of the goods may result in loss of the data. In these circumstances, we recommend removing sensitive or confidential data, as a party assessing and/or repairing your goods may be required to view data in the course of carrying out the assessment. We will not be responsible for any data loss.
6. In some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

9. INSTALLATION

We offer installation services for appliances for a fee. This service is only available in certain areas. You can contact us to inquiry the quotation of this service at the time you purchase your appliances. All installations will take place, where possible, at the time of delivery by a trained, licensed and fully insured installer.

10. SECURITY

1. Any attempt to deliberately damage BND Australia website or the information on BND Australia, to cause malicious damage or interference with the normal functioning of the website, or to otherwise undermine the legitimate operation of this promotion may be a violation of criminal and civil laws. Should such an attempt be made, whether successful or not,BND Australia reserves the right to seek damages to the fullest extent permitted by law. If BND Australia suffers loss or incurs any damages or costs in connection with any breach of these terms and conditions of entry or any other legal obligation by an Eligible Customer, the Eligible Customer agrees to indemnify BND Australia for those losses, damages and costs.
2. BND Australia makes no guarantee of the availability of its web services and will not be held responsible for interruption of service that may interfere with the ability of an Eligible Customer to participate in the Promotion. BND Australia is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to an Eligible Customer’s, or any other person’s, mobile device or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion.
3. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the reasonable control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, BND Australia reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any written directions from a regulatory authority made under applicable State or Territory legislation.

11. GENERAL

1. BND Australia reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
3. These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

12. CONTENT AND ACCESS

1. While BND Australia endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, completeness, timeliness, performance or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. BND Australia expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law, including the Competition and Consumer Act 2010 (CCA).
2. This website may include links to other websites from time to time. These links are provided for your convenience and for further information only. We do not responsible for the content of the linked website(s).
3. BND Australia does not guarantee that access to this website will be uninterrupted or that the website is free from viruses or bugs which may damage any computer which accesses this website or any data on such a computer.

13. INTELLECTUAL PROPERTY

The materials that are included in or displayed on this website, includes but not limited to: images, illustrations, designs, catalogue pages, documents, icons, photographs, video clips, text, logos, the HTML code for this website are owned or licensed byBND Australia and are protected by copyright, trademark and other intellectual property laws. You may not use these materials on any third party website, in any advertising or publicity, or in any other way; modify any of these materials for any purpose; or copy, reproduce, republish, upload, post, transmit or distribute any of them in any way without our prior written consent. Unauthorized use of these materials may lead to claim for damages and/ or a criminal offence.

14. LIMITATION OF LIABILITY

Under no circumstances will BND Australia be liable for any indirect, special, incidental or consequential damages, includes bout not limited to loss of use, loss of data, or loss of profits, arising out of the use or inability to use of this website or the materials. This website is provided on an “as is”” and “as available” basis and we make no warranties of any kind, whether in expression or implication, includes but not limited to non-infringement, compatibility, or any implied warranty arising from course of dealing or usage or trade.

15. CONTACT US

If you need to contact us for any reason, please do so using the contact details below: Phone: (61)7 3868 2888 or email to sales@bnd.net.au