Our Disclosures

Our complete terms and conditions are contained below, but some important points to know before you become a customer are:

• Our liability under these terms is limited as set out in clause 10.
• We may receive a benefit (which may include a referral fee or a commission) if you visit certain third‑party websites via a link on the Site or for featuring certain products or services on the Site.

Nothing in these terms limits your rights under the Australian Consumer Law.

1. Introduction

1. This website (Site) and stores are operated by AUS Home Collection Group Pty Ltd (ACN 629 773 397) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site or in‑store.
2. These Terms apply to all purchases made from Bathroom City, whether in‑store or online. By making a full or partial payment for any product, you are deemed to have accepted these Terms in full.

2. Use of the Site

1. You accept these Terms by placing an order via the Site.
2. You must not use the Site and/or place an order for products through the Site unless you are at least 18 years old.
3. When using the Site, you must not do or attempt to do anything unlawful or inappropriate, including:
   1. breaching an individual’s privacy (including uploading private or personal information without consent) or other legal rights;
   2. defaming, harassing, threatening, menacing or offending any person;
   3. using the Site for unlawful purposes;
   4. interfering with any user of the Site;
   5. tampering with or modifying the Site (including transmitting viruses or using trojan horses);
   6. sending unsolicited electronic messages;
   7. using data mining, robots, screen scraping or similar tools; or
   8. facilitating or assisting a third party to do any of the above.

3. Accounts

1. You may purchase products through an account with us and we may allow you to register using a social media account. If you log in via social media, you authorise us to access certain basic information per your privacy settings.
2. You must ensure any personal information you give us when creating an account is accurate and up‑to‑date. Personal information is treated in accordance with our Privacy Policy.
3. Keep your account details confidential. You’re responsible for all activity on your account, including purchases made using your account details.

4. Orders

1. You may order products as set out on the Site or in‑store. By placing an order on our Site, you are making an order to purchase the product(s) for the price listed (including delivery fees and applicable charges and taxes).
2. We may accept or reject an order at our absolute discretion. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed.
3. Online orders: It is your responsibility to check order details (products, delivery, pricing) before submitting your order. In‑store purchases: please ensure all details are correct before completing your purchase.
4. All purchases are subject to availability. We do our best to keep products in stock and inventory information up to date.
5. If a product is available for pre‑order only, this will be indicated on our Site or in‑store. Any availability dates displayed are approximate, and we are not liable for delays or inaccuracies.
6. We may cancel an accepted order at any time before delivery or collection, including where there is a considerable delay, we cannot supply the products (including due to events beyond our control), or where there is an error (e.g., in description, price, or image). We will contact you using your order details.

5. Price and payments

1. You must pay us the purchase price of each product you order, plus any applicable delivery costs (Price). All amounts are in Australian dollars and Australian GST (where applicable) will be set out separately. You must pay any customs duties or taxes charged on the Price.
2. Unless credit terms have been separately agreed in writing, you must pay the Price upfront using one of the methods set out on the Site or in‑store. Where we have agreed to extend credit, payment must be made per the separately agreed credit terms.
3. You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you pay by debit/credit card, you warrant you are authorised to use the card.
4. We may offer payment through a third‑party provider. We have no control over the actions of the provider and your use may be subject to additional terms.
5. We may issue promotional discount codes. To claim a discount, enter or present the code at the time of ordering. Conditions of use will be set out on the Site or in‑store. Competitions may also be run subject to separate terms.

6. Delivery, collection, title and risk

1. Where possible we will deliver products to the delivery address you provide. We currently deliver to areas set out on the Site; please refer to our delivery information. If you are outside our area, contact us to discuss options.
2. Any delivery periods displayed on the Site are estimates only, based on information from the delivery company.
3. We use a range of delivery methods. Some deliveries may require a signature; you may have options for safe‑drop or collection at a nearby post office.
4. In‑store purchases: risk passes to you upon collection. Please collect products within 7 days of being notified they are ready, unless otherwise agreed. We may charge a reasonable storage fee after this timeframe.
5. Title to products remains with us until you have paid the Price in full. Until title passes, you must not create any encumbrance, lien, charge or other interest over the products.
6. Risk in products passes to you upon delivery to the address provided in your order.

7. Returns

1. We offer returns for refunds or exchanges (subject to stock) for change of mind where we determine (at our absolute discretion) that:
   1. you provide proof of purchase and purchased within 30 days prior to the request;
   2. products are in original condition and not used, worn, damaged, tampered with, washed, altered, connected/installed or attempted to be connected/installed;
   3. products are in original undamaged packaging with all tags intact;
   4. products are not sale items, custom‑made, special buy products or gift vouchers; and
   5. a return & exchanges form has been completed.
2. Change of mind return policy:
   1. returns within 30 days of purchase: no restocking fee;
   2. returns after 30 days but within 90 days: a 15% restocking fee applies; and
   3. after 90 days: no refunds, returns or exchanges for change of mind.
3. We do not cover delivery or re‑delivery costs for change of mind returns.
4. You may have rights under the Australian Consumer Law in addition to this clause (see clause 9).

8. Warranty

1. For information about our product warranties, please visit our Warranty page.
2. To maintain your warranty and ensure optimal performance, you must follow product care instructions provided with the product or on our website. Failure to do so may void your warranty or affect your rights under the Australian Consumer Law. For specific care instructions, refer to the product manual or visit bathroom-city.com.au.

9. Australian Consumer Law

Nothing in these Terms attempts to modify or exclude the conditions, warranties, undertakings and other legal rights under the Australian Consumer Law (Consumer Law Rights). In Australia, 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 goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Any other warranties/conditions not guaranteed by the Australian Consumer Law are excluded where permitted, except to the extent fully expressed in these Terms.

1. Where you return products to seek an Australian Consumer Law remedy, you must cover associated costs (e.g., delivery) of returning products to us.
2. Where your claim is valid under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement or refund you the Price of the relevant product. Please contact us for details.

10. Limitations

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

1. neither Party will be liable for Consequential Loss;
2. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party, including any failure to mitigate losses; and
3. our aggregate liability for any Liability arising from or in connection with the Terms (including the products and/or their subject matter) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products the subject of the relevant claim.

11. Intellectual property

1. Any intellectual property developed, adapted, modified or created by us or our personnel (including in connection with these Terms, Site content and the products) (Our Intellectual Property) will at all times vest in us.
2. We authorise you to use Our Intellectual Property solely for your personal, non‑commercial use, in the manner it was intended to be used.
3. You must not use Our Intellectual Property for commercial purposes, including to advertise your own business, for re‑sale, or any revenue‑generation activity.
4. Without our prior written consent, you must not:
   1. copy, in whole or part, any of Our Intellectual Property;
   2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
   3. breach any intellectual property rights connected with the Site or products, including altering or modifying Our IP; framing or embedding it; or creating derivative works.
5. Nothing above restricts your ability to publish, post or repost Our IP on your social media page or blog, provided that:
   1. you do not assert that you are the owner of the IP;
   2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
   3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
   4. you comply with these Terms.

12. User Content

1. You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site.
2. If you make any User Content available on or through the Site, you grant us a worldwide, irrevocable, perpetual, non‑exclusive, transferable, royalty‑free licence to use the User Content, including to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms.
3. You are solely responsible for all User Content you make available. You represent and warrant that:
   1. you are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant us the above rights; and
   2. neither the User Content nor its posting or our use will infringe, misappropriate or violate a third party’s intellectual property, publicity or privacy rights, or result in a breach of any law.
4. We do not endorse or approve, and are not responsible for, any User Content. We may remove any User Content at our sole discretion.

13. General

1. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve it; failing which the Parties agree to engage a mediator. Costs of mediation will be shared equally. Nothing prevents seeking urgent injunctive or equitable relief.
2. Notices: Notices must be in writing addressed to the details set out below or to you at your order/account details. Notices may be sent by post or email and are deemed served 48 hours after posting, or at the time of email transmission.
3. Force Majeure: Neither Party will be liable for delay/failure to perform due to a Force Majeure Event, provided prompt notice is given and reasonable endeavours are used to minimise duration and consequences.
4. Feedback and complaints: Please notify us using the contact details below; we will take reasonable steps to address concerns.
5. Assignment: You must not assign rights or obligations under these Terms without our prior written consent.
6. Amendment: We may vary these Terms by publishing varied terms on the Site. Before placing an order, please read the terms in effect at that time. For accepted orders, the applicable terms are those in effect when you placed your order.
7. Governing law: These Terms are governed by the laws of Western Australia. Each Party submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts hearing appeals from them and waives any right to object.
8. Third party sites: The Site may contain links to third‑party websites. Unless stated otherwise, we do not control, endorse or approve, and are not responsible for, content on those sites. If you purchase goods/services from a linked third party, the third party provides them to you, not us. We may receive a benefit (including referral fees/commission) for certain links or featured products/services. We will make it clear which links are Affiliate Links or where benefits apply.

14. Definitions

Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission; and/or any real or anticipated loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation, use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss”.

Force Majeure Event means any event or circumstance beyond a Party’s reasonable control.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgement (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Contact

AUS Home Collection Group Pty Ltd
Email: info@bathroom-city.com.au