BEVMARKS ONLINE TERMS AND CONDITIONS
Bevmarks are committed to ensuring our valued customers enjoy the best experience possible when visiting in stores or online. Please look over the following information regarding our terms and conditions.
The Bevmarks website at www.bevmarks.com.au/ is a website where you (the customer) can access information, browse, select and order products from Bevmarks.
The Site is owned and operated by Bevmarks and managed by the companies online service provider.
When you purchase Products using the Site, you are entering into an agreement with Bevmarks and the individual store will be your point of contact in relation to the order, and will be responsible for fulfilling your order.
Your access to and use of the website, including your order of products through the site, is governed by these terms and conditions.
Offers available only during promotional periods as outlined in campaign advertising. Available on selected mattresses and bedding furniture and excluding any other offer. 50% off promotions exclude financial services offers.
VICTORIAN SALES AND DELIVERY
We only sell Products within Victoria and can only ship to a location where we can provide a delivery service. We do not normally make deliveries outside of Victoria but this may be available through our approved delivery company.
By using the Site you agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site. You agree not to use any data listed on the site for commercial purposes e.g. through price comparison or information plagiarism.
AUTHORISATION TO PLACE ORDERS
You must be eighteen (18) years of age or older to place orders on the Site. If you are under 18, you may use the Site only with involvement/approval of a parent or guardian.
Should Bevmarks suffer any damage or other losses as a result of a transaction entered into by a minor, Bevmarks 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 Bevmarks.
Purchases must be paid in full before or on delivery of goods and online purchases are to be paid in full at the time of ordering. Personal or business cheques will only be accepted as final payment 24 days prior to delivery.
A CUSTOMERS ACCOUNT
In order to purchase Products using the Site for the first time, you must either create a new user account (“Account”) or make your purchases as a guest (“Guest”). In order to purchase Products using the Site you will be require to input certain information such as your name, delivery address, billing address, phone number and email address.
Bevmarks may verify the information that you provide before accepting the creation of a new Account, or accepting a purchase by a Guest. By using the Site, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password.
PLACING AN ORDER ON THE SITE
Products can be purchased by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through the Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order from Bevmarks.
At times we may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so on the Site or by the Bevmarks Store responsible for the fulfilment of your order.
ACCEPTANCE OF AN ORDER
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however Bevmarks will make every effort to supply the Product/s to you. We will notify you that your order has been received by sending you an order confirmation (“Order Confirmation”) at the time that your order is placed; however, your order will not be processed until full payment has been cleared and received by Bevmarks. Bevmarks will 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.
Bevmarks reserve the right to refuse service, terminate accounts, remove or edit content, reject or cancel orders in our sole discretion.
We will confirm acceptance of your order when the Bevmarks Store responsible for the fulfilment of your order contacts you by telephone confirming acceptance of your order, and the final delivery fee.
The relevant Bevmarks Store will use its best endeavours to contact you within 2 business days of your order being placed to confirm acceptance of your order.
If we are unable process or accept your order after payment is received we will contact you by email or telephone and arrange to refund your payment. Bevmarks will contact you using the email address or telephone number provided by you when you created your Account or made your purchase as a Guest, and we will not be responsible for these details being incorrect. Please add the Bevmarks email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
PAYMENT METHODS AND PROCESSING
Bevmarks currently accepts Visa, PayPal, MasterCard and American Express only.
Payment processing will not begin until we receive all the information we need to process the order. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding Public Holidays.
We process credit card and PayPal payments after you click the "Submit My Order" button.
If we are unable to successfully process your credit card or PayPal payment for your order, then we may cancel your order.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
For credit card and PayPal payments your tax invoice which will be provided to you in hard copy at the time that your order is delivered or collected by you (“Tax Invoice”) is your proof of purchase.
Please note that we are unable to accept credit cards issued by banks outside of Australia, and you may be required to provide further identification for additional security reference checks.
The prices and availability of Products displayed on the Site will be based on the prices and availability of such Products at the Bevmarks Store that you have selected.
Prices are subject to change by Bevmarks, and do not include display accessories or other options (except as specifically stated on the Site).
Bevmarks reserves the right to change prices for Products displayed on the site at any time.
The indicative delivery fee is shown separately on the product page but may be recalculated based on how many and what items you place in your shopping cart. There may be additional delivery fees payable based on the location and logistics for delivery. The final delivery fee will be confirmed by the Bevmarks upon acceptance of the order.
Bevmarks cannot cancel or refund an order if you change your mind. If in the event you do cancel your order, a cancellation fee of 20% of the value of the goods will apply.
REFUNDS, REPAIRS AND REPLACEMENTS
We are not required to provide a refund or replacement if you change your mind. But you can choose a refund or exchange if an item has a major problem.
This is when the item:
- has a problem that would have stopped someone from buying the item if they had known about it
- is unsafe
- is significantly different from the sample or description
- doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
Please keep your proof of purchase— e.g. your receipt.
Under the Australian Consumer Law, you have the right to return a product and get a refund or exchange if the product does not meet certain consumer guarantees - for example, if the product is faulty.
You do not have a right to return a product if you:
- changed your mind and no longer want the product
- ordered the wrong product
- found the product cheaper elsewhere
- found a better product elsewhere
- were aware of the relevant fault before buying the product (such as if the fault was written on the product's tag, or for online purchases, indicated in any photos or descriptions of the item online)
- damaged the product by misusing it – (such as if you dropped your mobile phone in water)
- used the product for a long time and the problem is as a result of usual wear and tear.
CONDITIONS OF SALE
Furniture is sold for domestic use only. Risk of these goods will pass on possession. Title will pass on only on receipt and clearance of full payment
Bevmarks will make every effort to deliver your order within the estimated delivery times provided, estimated delivery times may change due to changes in supply, warehousing locations, public holidays or circumstances beyond our control. When we receive your order we will contact you and provide an estimated delivery date. Bevmarks can only keep goods for delivery for a maximum of 7 days. If you are unable to accept delivery within 7 days a storage fee of $50 per day may apply. Please refer to our Delivery Information Sheet for more information regarding delivery.
PICKING UP GOODS
If you choose to collect goods, you must arrange this with the store at the time of purchase. Where goods are being collected from a store, we require at least 2 hours notice to allow adequate time to prepare your order. Pickups from the warehouse can be booked for Mondays, Fridays and Saturdays between 10am and 3pm. The warehouse requires at least 2 hours notice prior to pickup. Bevmarks cannot be held responsible for any damage that may occur after your goods have left the the premises. If you organise a third party to collect your goods, please remember they are accepting full responsibility on your behalf. Full payment is required prior or on collection of goods.
STATATORY CONDITIONS AND WARRANTEES
Statutory conditions and warranties apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au or download a free copy of the Warranties and Refunds Guide at http://www.accc.gov.au/content/index.phtml/itemId/322947.
Bevmarks guarantees to the original purchaser to repair or replace any product with a manufacturing or material defect, for a period of 12 months from the date of purchase. Additional warranties may be offered by the products manufacturers. Please refer to any additional Warranty Card delivered with the goods. This warranty is provided that the defect is not the result of normal wear and tear or a natural characteristic of the material used.
The warranty does not cover products used for commercial purposes and is not transferable. Your furniture must be cared for in accordance with the care instructions provided. This warranty is in addition to the rights granted by relevant State and Federal laws, and in particular the Trades Practices Act 1974 and corresponding State Fair Trading legislation. Please ensure you keep all receipts in order to validate your warranty.
Subject to this liability section, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of these terms and conditions. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Any implied warranty or guarantee is the responsibility of the relevant Product supplier, and not Bevmarks.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection 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 is in contract, tort (including negligence), under any statute or otherwise. Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
CHANGES TO THE TERMS AND CONDITIONS
These terms and conditions may be different from order to order, we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you placed your order.
Bevmarks has implemented technical security measures to protect the content of electronic orders and other information sent through the Site. However, we cannot guarantee the security of the content of any order or any other information.
When making purchases using the Site your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the industry standard for online purchasing. If you have any questions regarding our security policy, please contact us at firstname.lastname@example.org
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
Bevmarks attempts to be as accurate as possible in its featured product descriptions, however, Bevmarks does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Bevmarks will attempt to rectify any errors as swiftly as possible.
Bevmarks reserves the right to change specifications, colours and materials shown on the Site without prior notice. Variations in natural timber finishes, including colours and grain changes may occur and must be considered natural features of real timber.
Bevmarks team members spend and extensive period of time being trained in all our Products’ features and benefits, however reliance on the information contained or to be implied or inferred from the Site should be confirmed with the Product supplier. Bevmarks does not guarantee or warrant the accuracy of the specifications and/or descriptions provided. Due to the character of natural products all dimensions and colours displayed are approximate.
The information on the Site is provided on the basis that all everyone accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.
COPYRIGHT AND TRADE MARKS
Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained on the Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using the Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, communicate to the public, publish or otherwise deal with any part of the Site or its content, without our prior written consent.
You must not use any trade marks, service marks or logos which appear or are used on the Site without written consent from the relevant rights holder, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of the Site (other than solely for your internal business purposes) without our prior written consent.