Terms & Conditions

This Website is owned and operated by BATHROOM CITY, trading as Bathroom City.

The following Terms and Conditions are rules that govern the usage of this website and shopping with us (online or in store). By using this website you are agreeing to these terms and conditions. If you do not agree, we kindly ask you to restrain from using https://bathroom-city.com.au/.

 

Changes to Terms and Conditions

Bathroom City reserves the right to change Terms and Conditions from time to time, without notice. This is within our rights as Owners and Directing Managers of the company. When changes are implemented they will apply immediately. It is the customers responsibility to be aware and up to date with the terms and conditions.

 

Copyright

All the information on this website (https://bathroom-city.com.au/) is protected

under Australian and international copyright laws. All content including photographs, graphics, text and product data is legal property of Bathroom City.

All trademarks, brands and names appearing on this website are the property of their respective owners.

 

Communication

All forms of communication (phone calls, text messages, emails or verbal) are admissible for legal purposes. Bathroom City are able not obligated to continue with communication under any circumstance. Bathroom City reserve the right to decline communication under any circumstance.

 

Purchasing Online

When you purchase products online with us, you are agreeing to the terms and conditions below.
Upon purchasing, you are consenting for Bathroom City to receive payment by your nominated account (credit, debit or paypal). Bathroom City will receive payment for the exact amount listed with the product.

 

Service

Bathroom City reserve the right to decline any online orders that do not pass security clearance. Bathroom City reserve the right to request further personal information to verify authenticity of online orders.

 

  1. Definitions
    1. Buyer means the purchaser of the Goods, whose details are set out in the receipt.
    2. Goods means the products specified in the receipt.
    3. Seller means the Bathroom City Pty Ltd whose details are set out in the receipt.
  2. Interpretation

Nothing in these conditions 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 Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

  1. Terms of sale

The Goods and all other products sold by Seller are sold on these terms and conditions which shall prevail over all other conditions, to the extent of any inconsistency.

  1. Payments and Orders
    1. The purchase price of the Goods is exclusive of GST and any other applicable taxes, government charges are to be paid by the Buyer.
    2. The Buyer agrees that payments are to be made by cash, direct debit or EFTPOS at the time of purchase and without any deductions, unless otherwise agreed.
    3. The Seller reserves the right to charge interest on any amount overdue from the date the amount became due to the date payment is received at the rate of 6% per annum, accruing daily.
  2. Forward Order
    1. The Buyer agrees to purchase and pay for all forward orders as invoiced by the Seller.
    2. The Buyer agrees to no delays or failure to fulfil any parts of the order shall entitle the Buyer to cancel or vary the order or reduce payment unless agreed by the Seller in writing.
    3. The Buyer shall be responsible for any costs or expenses the Seller incurred in handling or holding Goods once they are ready for delivery.
  3. Sale of by credit
    1. Notwithstanding clause 4(b), the Seller may grant credit to the Buyer after approving the credit application submitted by the Buyer.
    2. The Buyer irrevocably authorises the Seller or its servants or agents to make such enquiries as it deems necessary to investigate the credit worthiness of the Buyer from time to time including the making of enquiries with persons nominated as trade references, the bankers of the Purchaser, any other credit provider or a credit reporting agency (hereinafter called “the Information Sources”).
    3. The Purchaser authorises the Information Sources to disclose to the Company such information concerning the Purchaser which is within their possession and which is required by the Company to the fullest extent permitted by the relevant privacy laws of the territory.
    4. The Purchaser agrees that the information provided on any credit application signed by the Purchaser concerning the Purchaser may be disclosed by the Company to a credit reporting agency or any other interested person to the fullest extent permitted by the relevant privacy laws of the territory.
  4. Delivery
    1. The Seller accepts no responsibility or duty for the delivery of the Goods. The Seller may arrange delivery if the parties agree and the cost of delivery is to be borne by the Buyer.
    2. The Seller will not be liable for any loss, damage or delay occasioned to the Buyer arising from late or non-delivery of the Goods.
    3. The Buyer must ensure that a representative is present on delivery to receive and accept the delivery. The Seller may charge for any unsuccessful delivery to cover any reasonable expenses for the rescheduling of delivery.
  5. Limitation of Liability
    1. The Buyer must inspect the Goods prior to installation and notify the Seller within 7 days of purchase to ensure that the Goods are free from visible defects and matches the description.
    2. Quality of Goods supplied are presumed to be received by the Buyer in acceptable condition and the Seller is taken to be discharged from obligations and liabilities in respect of any defects or damage unless the Buyer notifies the Seller in writing.
    3. The Seller's liability for Goods sold are limited to making good any of the following defects, before the Goods are installed, assembled or otherwise used:
      1. Where the defects have arisen solely from faulty materials or workmanship;
      2. accessories of any kind used by the Buyer are manufactured by or approved by Seller; and
  • the defective parts are promptly returned free of cost to the Seller.
  1. The Seller is not liable for, and the Buyer releases the Seller from, any claims in respect of faulty or defective design of any Goods supplied or its failure to comply with any requirements of the Seller or any other persons, unless those requirements are accepted by the Seller in writing prior to the entry for sale of the Goods.
  2. The Buyer shall rely on his/her own knowledge and expertise in selecting the Goods for any purpose and any advice or assistance provided by the Seller or its agent shall be accepted at the Buyer’s risk and shall not be deemed to be given by the Seller an expert or to be relied upon.
  3. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the Seller's negligence or in any way.
  1. Consumer guarantees

The Seller's liability for a breach of a condition or warranty implied by Section 64A of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010,  is limited to:

  1. the replacement of the Goods or the supply of equivalent goods;
  2. the repair of the Goods;
  3. the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
  4. the payment of the cost of having the Goods repaired;
  1. Indemnification of suppliers by manufacturers

The Seller's liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the Buyer an amount equal to:

  1. the cost of replacing the Goods;
  2. the cost of obtaining equivalent goods; or
  3. the cost of having the Goods repaired,

whichever is the lowest amount.

 

  1. Retention of title
    1. The Seller reserves the legal and equitable rights in the Goods until all accounts owed by the Buyer to the Seller are fully paid.
    2. Prior to the passing of title, the Buyer:
      1. must hold the Goods as bailee and fiduciary agent of the Seller;
      2. must store the Goods or any part of it separate from its own Goods and those of any other third party so that they are readily identifiable; and
  • must keep the Goods in good and merchantable quality and fully insure the Goods against loss or damage
  1. If the Buyer supplies any of the Goods to any person before all moneys payable by the Buyer have been paid to the Seller, the Buyer agrees that:
    1. it holds the proceeds of resupply of the Goods on trust, and as agent, for the Seller immediately when they are receivable or are received;
    2. it must pay the amount of the proceeds of re-supply to the Seller immediately when they are received or deposit the money into a separate bank or financial institution account separate from the it’s ordinary account; and
  • if the Buyer fails to pay for the Goods within the period of credit (if any) extended by the Seller to the Buyer, subject to, and in accordance with, the Personal Property Securities Act (Cth) 2009, the Seller may recover possession of the Goods at any site owned, possessed or controlled by the Buyer and the Buyer agrees that the Seller has an irrevocable licence to do so and the Seller shall not be liable for any loss or damage suffered by the Buyer in connection with the retaking of possession of the Goods.
  1. Returned Goods
    1. Except for any provisions to the contrary contained in this agreement, the Seller is not under any duty to accept Goods returned by the Buyer. The Seller will do so only on terms to be agreed in writing in each individual case and the Goods must be in an “as new” and saleable condition free of any damage.
    2. If the Seller agrees to accept returned Goods from the Buyer under clause 10(a) of this clause, the Buyer must return the Goods to the Seller at the Seller's place of business referred to at the head of these conditions.
    3. Notwithstanding any other provisions, the Buyer shall not return the Goods without the original receipt as proof of purchase.
  2. Cancellation

No order may be cancelled by the Buyer except with the written consent of the Seller. Any cancellation by the Buyer, gives the Seller the right to claim indemnity against all losses suffered by the Seller as a result of such cancellation.

  1. Personal Property Securities Act (Cth) 2009 (PPSA)(if the sale is a credit sale).
    1. This agreement is a security agreement
    2. The interest of the Seller in the Goods and all proceeds from the sale of the Goods by the Buyer to a third party is a security interest.
    3. The Buyer consents to the Seller registering its security interest on the Personal Property Securities Register and agrees to provide all assistance reasonably required by the Seller to facilitate registration.
    4. Until title in the Goods has passed to the Buyer as contemplated by clause 16 of this agreement, the Buyer agrees not to in any way assign, charge, lease or otherwise deal with the Goods in such a manner as to create, a security interest over, the Goods in favour of the Buyer or any third party, The parties agree that this clause will not prohibit the Buyer from selling the Goods in the ordinary course of business.
    5. The Buyer waives its rights to receive any notice under PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.
    6. The Seller and Buyer agree that this agreement and all related information and document(s) are confidential (Confidential Information) and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by this agreement or required by law. The Seller and Buyer agree that the Seller will not disclose the Confidential Information pursuant to a request under section 275(1) of the PPSA.
    7. Unless the Goods are used predominantly for personal, domestic or household purposes, the Seller and the Buyer agree each of the following requirements or rights under the PPSA do not apply to the enforcement of the Seller's security interest in the Goods or of this agreement:
      1. any requirement for the seller to give the Buyer a notice of removal of accession;
      2. any requirement for the Seller to give the Buyer a notice of the Seller's proposed disposal of the goods;
  • any requirement for the Seller to include in a statement of account, after disposal of the Goods, the details of any amounts paid to other secured parties;
  1. any requirement for the Seller to give the Buyer a statement of account if the Seller does not dispose of the Goods;
  2. any right the Buyer has to redeem the Goods before the Seller exercises a right of disposal; and
  3. any right the Buyer has to reinstate this agreement before the Seller exercises a right of disposal of the Goods.
  1. Expressions defined in the PPSA have the same meaning when used in this agreement.]
  1. Dispute Resolution
    1. If a dispute arises in any way out of this Agreement, or its breach, termination or validity of the Goods, the parties agree to settle the dispute by mediation before having recourse to litigation.
    2. This clause does not apply to disputes involving payment of Goods by the Buyer.
  2. Force Majeure

Neither the Seller nor the Buyer is liable to one another for any failure to perform the agreement caused by any event that occurred beyond the reasonable control of the parties.

  1. Severability

To the extent that any of the provisions contained does not comply with the law, such provision shall be read down to give it as much effect as possible. If not possible, such clause is to be severed, without invalidating or modifying the remaining provisions which shall continue in full force and effect.

  1. Jurisdiction

This agreement shall be governed by and construed in accordance with the law of Western Australia. The parties submit to the exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction.

  1. Notice

The Buyer agrees that it shall be deemed to have notice of any changes to the terms & conditions notwithstanding where actual notice has been given.

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