Terms and Conditions of Sale
Company Name: BINDY
1. Interpretation
In these Terms:
- “Company” means BINDY.
- “Customer” means the purchaser of goods and/or services from the Company.
- “Goods” refers to all products sold or delivered by the Company to the Customer, including any services related to their provision.
- “Terms” means these Terms and Conditions of Sale.
- “Website” or “Ecommerce Platform” refers to BINDY’s online website, associated intellectual property, and all supporting technologies used for online sales, payments, marketing, or information delivery.
2. Application
These Terms apply to all sales and deliveries of Goods by BINDY.
No amendment, waiver, or cancellation of these Terms is valid unless confirmed in writing by a Director of BINDY.
The Customer acknowledges that no employee or agent of BINDY is authorized to make any representation or promise regarding the Goods other than what is stated in these Terms.
No order is deemed accepted until confirmed in writing by an authorized representative of BINDY.
3. Prices
All prices are determined at the time of order. Prices are subject to change without notice until a deposit has been received.
4. Payment Terms
- Payments must be made to BINDY in full, without deduction or discount, unless stated otherwise in writing.
- Full payment of the invoice amount is required upon placing an order.
5. Delivery
- The Customer must collect or accept delivery of Goods within 5 days of notification of availability and pay the remaining balance on receipt.
- Once Goods are lodged with a courier or third party, BINDY is not responsible for delays, delivery times, or courier performance.
- If the Customer requests a specific courier or service, BINDY will arrange it as requested but cannot guarantee delivery timeframes advertised by that courier.
- Risk of loss or damage passes to the Customer once the Goods are handed to the courier. Insurance is available upon request.
- If the Customer fails to collect the Goods within 21 days, BINDY may cancel the order, retain the deposit, and resell the Goods.
- Storage fees of $35 per week may apply for uncollected items.
- The Customer is responsible for any re-delivery or redirection fees after shipment booking.
6. Title of Goods
Ownership of Goods remains with BINDY until full payment has been received.
However, risk passes to the Customer once Goods are dispatched.
7. Risk and Insurance
- The Goods are at the Customer’s risk from dispatch or collection, even if ownership has not yet passed.
- The Customer must insure the Goods against loss, damage, or theft until full payment is made.
8. Product Use and Liability
BINDY makes no representation regarding the suitability of products for a specific application.
The Customer is responsible for determining the correct use of the Goods.
9. Cancellations, Refunds, and Exchanges
- BINDY reserves the right to cancel any order prior to delivery. The Customer will be responsible for any costs incurred up to the cancellation date.
- Refunds and exchanges follow BINDY’s Refund and Exchange Policy.
- No refunds will be issued for change of mind.
- Orders may only be canceled or modified with BINDY’s written consent. A 25% cancellation fee or forfeiture of the deposit (whichever is greater) applies.
- For exchanges due to change of mind, all shipping costs (to and from BINDY) and a 25% restocking fee or $100 (whichever is greater) will be charged.
- Custom-made or specially ordered products are non-refundable and 100% payable even if canceled.
- In the unlikely event of a product defect, BINDY will honor its obligations under Australian Consumer Law promptly and without delay.
- BINDY reserves the right to update this policy at any time without notice.
10. Limited Liability
- These Terms do not affect statutory rights under Australian law.
- BINDY is not liable for any consequential loss or damage arising from delays, defects, or non-compliance with standards.
- To the extent permitted by law, BINDY’s liability is limited to:
- Replacement or repair of the Goods; or
- Payment of the cost to replace or repair the Goods;
and does not extend to indirect or consequential loss.
11. Warranty
- All Goods are covered by manufacturer warranties, subject to their respective terms.
- The Customer must notify BINDY in writing immediately upon discovering a defect.
- No repairs or modifications may be made without BINDY’s written approval.
- Any claims related to UV protection or durability apply only under normal usage and within five (5) years of purchase.
- BINDY is not responsible for any advice given regarding suitability for specific purposes.
12. Display and Samples
Samples or display items are for demonstration purposes only and do not constitute a sale by sample.
13. General Provisions
- Contract: These Terms, together with any written agreements, constitute the full contract.
- Guarantee: No product guarantees are made beyond what is stated.
- Force Majeure: BINDY is not liable for failure to perform obligations due to events beyond its control (e.g., natural disasters, strikes, pandemics, transport delays).
- Waiver: Failure by BINDY to enforce any right is not a waiver of future enforcement.
- Assignment: The Customer may not assign these Terms without BINDY’s written consent.
- Severability: If any clause is found invalid, the remaining clauses remain enforceable.
14. Communication
All correspondence must be in writing and sent by hand, registered post, or email to the appropriate contact at BINDY.
15. Provision of Services
- Any construction, design, or installation work arranged by BINDY may be subcontracted to independent third parties.
- BINDY does not warrant that such third parties are insured or qualified unless stated in writing.
- Installation services include a 12-month workmanship warranty unless otherwise specified.
16. Price Match Guarantee
BINDY will match a competitor’s verified, current, and in-stock price where:
- The product is identical in brand, model, size, and quality.
- The competitor has a physical store in Australia.
- The competitor’s final price (including delivery and GST) can be verified.
Exclusions include: liquidation sales, clearances, auctions, damaged or second-hand goods, and contract/project pricing.
BINDY reserves the right not to match prices below cost.
17. Governing Law
These Terms and any related contracts are governed by the laws of Victoria, Australia.
Both parties agree to submit to the exclusive jurisdiction of the courts of Victoria and to undertake mediation before commencing any legal proceedings.