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Our goods
come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and
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.
1. About These Terms and Conditions
In these
Terms and Conditions:
"We",
and "Us" and “BMP LED” mean bmpled.com.au which is fully owned and
operated by BMP LED Pty Ltd and "You" means you the customer.
“Products”
means goods sold by BMP LED on this website.
“Price”
means the price at which the Products are sold on this web site.
“Order”
means an order for Products on this web site.
“Recommended
Retail Price” means a price for the Products for comparison purposes, as
determined by clause 13 of these Terms and Conditions.
These
Terms and Conditions, together with the Australian Consumer Law contained
within Schedule 2 to the Competition and Consumer Act 2010 (Australian Consumer
Law), constitute the entire Contract between BMP LED and you for the supply of
Products. The Contract cannot be varied unless we agree to vary it in writing
or by email.
2. BMPLED PTY LTD
Bmpled.com.au
is part of the BMP LED Pty Ltd and by signing up as a member to bmpled.com.au the
member acknowledges that they will become a member of the BMP LED Pty Ltd of
companies and agrees that they may be contacted by any of its subsidiaries.
This does not affect a member’s ability to unsubscribe from communications from
these companies on an individual basis.
3. Australia Sales Only
We only
sell and ship Products within Australia. We will not make deliveries outside of
Australia.
4. Copyright/Trademark Information
This
entire website, copy, images, logos, indicia, text, content, and unique method
of showcasing products is copyright 2017 BMP LED. All trademarks appearing here
in are acknowledged. Permission to use documents delivered from this World Wide
Web site and/or server and related graphics is restricted. The name of bmpled.com.au,
BMP LED Pty Ltd or any of the above trademarks or logos may not be used in
advertising or publicity pertaining to distribution of this information without
specific, written prior permission. The information contained in this website
is subject to change without notice. We are not responsible for typographical
or technical errors.
5. Correction of Errors and Inaccuracies;
Limitations on Quantity
Whilst BMP
LED makes every reasonable effort to present accurate information on this web
site, the information may contain typographical errors or inaccuracies and may
not be complete or current. We therefore reserve the right to correct any
errors, inaccuracies or omissions and to change or update information on the
website at any time (including after you have submitted your order). If this
affects an order you have placed we will contact you to advise of the change
and give you the option of a refund or to proceed with the order as amended.
Please note that such errors, inaccuracies or omissions may relate to product
description, pricing and availability. We also reserve the right to limit
quantities (including after you have submitted your order). We apologize for
any inconvenience this may cause you. If you are not fully satisfied with your
purchase please see our returns policy for details on how to obtain a refund.
6. Legal Capacity to Transact
By
accepting these Terms and Conditions you acknowledge that you are over the age
of eighteen (18) years. If you are under the age eighteen (18) years you cannot
place orders with BMP LED. Should BMP LED suffer any damage or other losses as
a result of a transaction entered into by a minor, BMP LED reserves the right
to seek compensation for such losses from the parents or guardians of the minor
who caused any order(s) to be placed with BMP LED.
7. Placing Your Order
You may
place an Order by adding items to ‘My Cart’ on the BMP LED website and clicking
the "Check Out" button. When you place your Order, we will issue you
with an Order Number. We will do this by email. By placing an Order, you make
an offer to us to purchase the Products you have selected based on these Terms
and Conditions. Information contained on the BMP LED website constitutes an
invitation to treat. No information on our website constitutes or should be
deemed as an offer by us to supply any products, however BMP LED will make
every effort to supply products to you. We will notify you that your order is
being processed by sending you an Order Confirmation via email, however, we do
not formally accept your offer until your order has passed our internal
validation procedures for verifying the bona fides of each order placed, for
the purpose of preventing credit card or payment fraud. BMP LED and its
affiliates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion. We will confirm
acceptance of your order when your order status moves to dispatched in the My
Account My Orders Section. If we cannot process or accept your Order after
payment is received we will contact you by email or telephone.
8. Payment Methods and Processing
BMP LED
uses Braintree to provide a secure environment for the authorization of credit
card and charge card transactions. We also offer PayPal, Bank Transform and
Credit Card payment solutions. Confidential information including card
details are encrypted using industry standard SSL 128-bit encryption
technology.
Our
payment page is also fully PCI DSS compliant please visit
https://www.pcisecuritystandards.org/tech/ for more information.
9. GST
In this
clause: “GST” means GST within the meaning of A New Tax System (Goods and
Services) Act 1999 (Cth)
Subject to
this clause, if GST is payable in respect of any supply made to you by BMP LED,
an amount equal to the GST payable (at the current prevailing rate) will be
included as part of the price at which the product is sold on this web
site.
10. Prices
BMP LED
will use its best endeavors to list Products with the most competitive prices. BMP
LED reserves the right to change prices for Products displayed on the BMP LED
web site at any time.
15. Supply of Your Products
Subject to
these Terms and Conditions, we will supply to you the Products indicated on your
Order Confirmation. When your Order items have been dispatched, we will confirm
shipment via the My Account My Orders section including a tracking number for
each parcel.
16. Delivery
of Your Products
As we
source products from around the World delivery times will vary. We will use our
best efforts to ensure your order arrives as soon as possible after the end of
the sale. Delivery will be made via several partners and the estimated
delivery times will be indicated within each specific sale according to the
dispatch location. We use the best possible estimated dates given the
information we have been provided by our suppliers and partners, however many
factors are outside of our control and we cannot guarantee delivery within this
time frame. Individual order status can be tracked in the My Account, My Orders
section. We charge shipping and handling for each sale you purchase from
unless otherwise stated on the website. Due to the nature of our business,
we may consolidate orders where possible from more than one sale. For
these orders shipping and handling charges will remain unaltered. Title and
risk of loss to all products will pass to you on delivery unless otherwise
specified in the Direct Import Goods Clause.
For the
avoidance of doubt, if there is any ambiguity relating to the passing of risk
and title to the goods, risk and title to the goods will pass to you on the
first attempt at delivery irrespective of whether it was successful or not.
Unless
outlined in the Site Information or Item Page, delivery of bulky goods (for
example larger furniture or TV’s and whitegoods) assumes ground floor front
door delivery.
17. Collection of goods
If your
order is placed on a collection, when visiting any place where the goods are
stored to inspect them or collect them you must comply with:
• Any law relating to occupational health
and safety.
• Any directions or warnings that have
been given about the goods or their location in the Site Information or Item
Page.
• Any directions given by us or anyone
authorized by us when inspecting or removing any goods from any location.
• You acknowledge that you inspect or
remove goods at any location at your own risk.
• If we are unable to deliver an item, or
you fail to collect an item you have selected to collect within 14 days of a
sale we may charge a storage fee in accordance with our normal rates.
18. Authority to Leave
By
selecting No and clicking Accept on our Signature on Delivery option you
authorize the courier to leave the goods unattended at the delivery address and
you accept that once the courier has done so, the complete order has been
received. Selection of Authority to Leave is deemed by our couriers as a
signature from the recipient.
BMP LED
and couriers associated with the delivery, do not accept responsibility for any
loss or damage which results from the Authority to Leave delivery method. You
agree to release BMP LED from and against any and all claims, demands,
liabilities, losses, costs and expenses if Authority to Leave is selected.
Should the
courier be unable to leave the parcel or deem the location to be an unsafe area
to leave the parcel or your instruction text is unclear, the courier may leave
an attempted delivery card and return the parcel to their depot.
Risk and
title to the goods transfers to you after the first attempt at delivery
irrespective of whether it was successful or not.
19.
Returns Policy
Our goods
come with guarantees that cannot be excluded. You are entitled to a replacement
or refund for a major failure and 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.
Please see
our Returns Policy on our website for further details.
20. Express Warranties
The
Australian Consumer Law provides that items which we supply come with
guarantees that cannot be excluded. In addition to the provisions under the
Australian Consumer Law we warrant that the goods are of acceptable quality,
are fit for the purpose for which the goods are ordinarily used and match the
description on the site (other than minor differences) for a period of 12
months unless otherwise stated. You are entitled to a replacement or refund for
a major failure and 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.
For some
items, manufacturers offer their own optional or additional warranties and
these apply strictly in addition to your rights under the Australian Consumer
Law. Please contact our customer service team who will assist you in obtaining
a remedy for your product.
21. Our Liability
Our goods
come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and
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. You may
also be entitled to remedies that cannot be excluded under the Australian
Consumer Law if any services supplied by us fail to meet a consumer guarantee
under the Australian Consumer Law.
Without
excluding, restricting or modifying the rights and remedies to which you may be
entitles under the consumer guarantees provisions of the Australian Consumer
law or our liabilities under those provisions:
To the
extent permitted by law, we exclude all other implied terms and warranties,
whether statutory or otherwise, relating to the Products.
We will
not be liable to you for indirect and/or consequential loss arising from or
connected to this agreement in contract, tort, under any statute or otherwise
(including, without limitation, for loss of revenue, loss of profits, failure
to realize expected profits or savings, loss or corruption of data and any
other commercial or economic loss of any kind) unless such loss arises as a
result of our own negligence or willful misconduct.
Our
liability to you for loss or damage of any kind arising out of this agreement
or in connections with the relationship established by it is reduced to the
extent (if any) that you cause or contribute to the loss or damage. This
reduction applies whether our liability if in contract, tort (including
negligence), under any statue or otherwise.
22. General
You shall
not assign any rights and obligations under these Terms and Conditions whether
in whole or in part without the prior written consent of BMP LED. Any
unauthorized assignment shall be deemed null and void. If any provision of
these Terms and Conditions is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of
these Terms and Conditions and the remainder of the provisions in question
shall not be affected thereby. Neither our failure nor your failure to enforce
any Term or Condition constitutes a waiver of such Term or Condition. Such
failure shall in no way affect the right to later enforce such Term or
Condition. BMP LED reserves the right to change the Terms and Conditions of
sale at any time. No BMP LED employee or agent has the authority to vary any of
the Terms and Conditions governing any sale.
23.
Miscellaneous
These
Terms and Conditions will be binding upon each party hereto and its successors
and permitted assigns, and governed by and construed in accordance with the
laws of Australia without reference to conflict of law principles. These Terms
and Conditions will not be assignable or transferable by you without the prior
written consent of BMP LED. These Terms and Conditions (including all of the
policies and other Agreements described in these Terms and Conditions, which
are hereby incorporated herein by this reference) contain the entire
understanding of the parties regarding its subject matter, and supersede all
prior and contemporaneous agreements and understandings between the parties
regarding its subject matter. No failure or delay by a party in exercising any
right, power or privilege under these Terms and Conditions will operate as a
waiver thereof, nor will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of any
other such right, power, or privilege. You and BMP LED are independent
contractors, and no agency, partnership, joint venture, or employee-employer
relationship is intended or created by these Terms and Conditions. The
invalidity or unenforceability of any provision of these Terms and Conditions
will not affect the validity or enforceability of any other provision of these
Terms and Conditions, all of which will remain in full force and effect.
24.
Force Majeure
BMP LED
shall not be liable for any delay in performing any of its obligations under
these Terms and Conditions if such delay is caused by circumstances beyond the
reasonable control of BMP LED, and BMP LED shall be entitled to a reasonable
extension of time for the performance of such obligations.
25.
Governing Law
These
Terms and Conditions shall be governed by and construed in accordance with the
laws of Australia and shall be subject to the non-exclusive jurisdiction of the
courts of Australia.