Terms & Conditions
1.1 This website, bathroomgallery.com.au and any related mobile site or application is a shopping website where you can browse, select and purchase products from The Bathroom Gallery Pty Ltd (“bathroom gallery”, “us” or “we”).
1.2 Your access to and use of this website, including your order of products through the website, is governed by these terms and conditions.
2.2 You agree to comply with all relevant laws relating to your use of this website and your placement of any order through the website in any location that you access it.
2.3 Your orders may be subject to certain laws including and without limitation the Australian Consumer Law. The Australian Consumer Law provides you with certain rights, including that the goods you purchase must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for and that the goods will correspond with any description. Nothing in these terms and conditions shall be read or applied so as to 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 Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3 Placing an order for products
3.1 You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.
3.2 Any order placed through this website 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.
3.3 You must ensure that you enter all information accurately and carefully when placing an order. You warrant to us that all information provided by you in relation to each order is and will be complete, true and accurate.
3.4 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 website.
3.5 You agree to provide us with current, complete and accurate details when asked to do so by the website.
3.6 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4 Acceptance or rejection of an order
4.1 In certain circumstances, we may need to reject your order. This may happen where there is an error in the price or the product description posted on the website.
4.2 Each order placed for products through the website that we accept results in a separate binding agreement between you and us for the supply of those products.
4.3 For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and provide you with an email confirmation of that order.
4.4 If we reject an order placed through the website, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5 Availability of stock
5.1 As we are dependent upon our suppliers to provide stock, we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any goods displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6 Delivery of products
6.1 We will only deliver products ordered through the website to an address within the Melbourne region. You may receive multiple deliveries for your order and these are described at the point of checkout. Usually deliveries are made on Monday to Fridays between 9am and 5:30pm. We (The Bathroom Gallery Pty Ltd) or our delivery company may need to contact you to arrange a delivery date for certain products.
6.2 Delivery ETA is subject to stock availability. You can nominate a preferred delivery date, however there are factors out of our control which may vary the delivery ETA of your products, but we will do everything possible to eliminate or reduce these factors. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
- 3 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the website.
- 4 An authorised person must be present to accept the delivery of your order. We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person’s identity (including photo identification). If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks. In this instance, we will cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the delivery fee).
7 Cancelling an order
7.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: the products in that order are not available; or there is an error in the price or the product description posted on the website for the product in that order; or that we reasonably believe your order has been placed in breach of these terms and conditions.
7.2 You may cancel an order (whether it is accepted by us or not) by contacting our Customer Service team on 02 4228 8680 and we will look into it for you during contact hours at any time prior to the dispatch of that order.
7.3 Once we receive your order, it cannot be amended.
7.4 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8 Fees and charges
8.1 We will charge you, and you agree to pay the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
8.2 All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable, unless otherwise stated.
8.3 The purchase price of each product is shown on the product list on the website at the time you place your order.
8.4 Just like in our stores, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the website for the product in that order), once we have accepted your order, we will not change any prices that apply to the products in that order.
9 Payment methods
All our prices are displayed in Australian dollars (AUD).
9.1 You may pay the fees and charges for an accepted order with any of the following payment methods:
(a) Visa; or
We reserve the right to change the payment methods that can be used for orders at any time in our absolute discretion.
9.2 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card payment) for your order that is accepted by us, then we may cancel your order.
9.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.
9.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
10 Damaged products and returns
10.1 You must check any product as soon as it is delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us by contacting our Customer Services team on 02 4228 8580 and we will look into it for you. If you notice damage to a product after delivery, you must notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
10.2 We will not refund the delivery fee where the products have been delivered to you, unless you are returning the product because it was damaged.
10.3 We require a proof of purchase in order for any products that you have purchased from us to be returned.
10.4 No returns on stock that has to be ordered in for you or custom-made orders.
10.5 All goods are required to be installed by licensed tradesmen otherwise warranties are void.
11 After Sales Service
11.1 Should you have any issues or questions with any of the products purchased from us, contact our Customer Service team on 02 4228 8580 and we will look into it for you and within the same day we will call the manufacturer or supplier of the product on your behalf and arrange for them to call you to discuss the problem. You will need to provide us with a number that you can be contacted with.
11.2 We will call you 48 hours later to confirm the manufacturer or supplier has contacted you about your problem and if they have provided you with an appropriate solution.
12 Links to other websites
This website may contain links to third party websites that are not owned and operated by us. These links are provided for your convenience only and:
(a) we make no representations or warranties, and have no responsibility or liability for, those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse those websites or any individuals, businesses, products or services that are promoted or provided at those websites.
You should carefully review the privacy policies and conditions of use for those websites.
13 Website Use
13.1 In accessing or using the website you must not:
(a) use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(b) use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;
(c) use any data listed on this website for commercial purposes e.g. through price or information scraping;
(d) make fraudulent or speculative enquiries or requests through this website;
(e) use another person’s details without their permission or impersonate another person when using this website;
(f) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(g) tamper with or hinder the operation of this website;
(h) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;
(i) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;
(j) modify, adapt, translate or reverse engineer any portion of this website;
(k) remove any copyright, trade mark or other proprietary rights notices contained in or on this website;
(l) reformat or frame any portion of the web pages that are part of this website;
(m) create accounts by automated means or under false or fraudulent pretences;
(n) use this website to violate the security of any computer or other network or engage in illegal conduct;
(o) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(p) use this website other than in accordance with these terms and conditions; or
(q) attempt any of the above acts or engage or permit another person to do any of the above acts.
13.2 We may immediately remove any material you post to a blog or forum on this website if we reasonably consider you may have posted such material in breach of clause 13.1 or any other clause of these terms and conditions.
14 Specific warnings
14.1 We attempt to be as accurate as possible. However, we do not warrant that product or service descriptions, instructional guides or other content of this website is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this website is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on this website to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.
14.2 We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website.
15 Warranties and Liability
15.1 We, except to the extent required under the Australian Consumer Law or the express warranties set out in these terms and conditions below, do not make any other representations or warranties as to the merchantability or fitness for a particular purpose of the products or services or as to the accuracy or suitability of information, descriptions, guidelines and images on the website including colour, design, descriptions of any materials or the products, guidelines, instructions or any other information.
15.2 Products purchased from us and services provided by our staff are warranted to be free from manufacturing defects and are fit for intended purpose and we will at our discretion repair or replace the product that fails to conform to this warranty.
15.3 To activate this warranty, you must contact us within 12 months of delivery of the product to organise the return of the product to us and provide us with a proof of purchase of the product. We will not cover any other costs including returning a product, freight or packaging charges or any costs of removing, storing or re-installing a product. Upon return of the defective product, we will inspect it to evaluate the warranty claim and if we determine the product to be defective or damaged due to factors not expressly included within this warranty, you will be required to cover all costs of repair, replacement, return or re-use of the product. In the event a product cannot be replaced with an identical product, it will be replaced with the closest match currently available as determined by us in our discretion.
15.4 Please note that colours depicted on the website may vary from the product delivered.
15.5 This warranty does not cover any product that fails due to you:
- using the product in an abnormal way, which includes (without limitation) improper installation or not using the product strictly according to the manufacturer’s instructions;
- causing the quality of the product to become unacceptable; or
- fail to take reasonable steps to avoid the quality of the product becoming unacceptable.
In addition, this warranty does not cover any naturally inherent characteristics of a product.
15.6 This warranty is non-transferrable and it applies only to you personally.
15.7 Except to the extent required by the Australian Consumer Law, or pursuant to the express warranty set out in these terms and conditions, we will not be liable in contract, in tort or in equity for any loss or damage (including incidental, indirect, special or consequential loss or damage) arising out of or relating to the website, the information and images therein, any orders or products supplied or services, except as expressly as is set out in the warranties made in these terms and conditions.
16 Intellectual property
This website and its contents are subject to copyright which is owned by us or third parties. We do not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
17.1 We may immediately suspend, terminate or limit your access to and use of this website and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency or we need to perform some maintenance on our website.
17.2 You may stop using this website at any time and for any reason.
17.3 From time to time, business strategies change. As such, we may in the future, stop making this website (or any part of it) available. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
19 Use of your information and materials
This agreement is governed by the laws of NSW, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
21 Amendment to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at this website. By continuing to use this website following such notification, you agree to be bound by the terms and conditions as amended.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
23 Free Shipping over $100 spend
The Bathroom Gallery offers free shipping when the customer spends over $100 in a single transaction. As long as the weight for the combined item/items are under 20KG. If the weight is over 20KG the shipping and handling costs will be quoted. The Bathroom Gallery reserves the right to alter , remove or change this or any other condition listed in the terms and conditions if deemed necessary.
23 Free Shipping over $100 spend
PLEASE NOTE: Specifications are for information purposes only. Whilst every effort has been made to ensure the product specifications are accurate, due to continuing product development, suppliers changing specifications without notification, improvement the specifications are subject to change. Specifications can be used to rough in and fit timber supports in the wall however we recommend no holes are drilled without having the product on site or verifying the details with the manufacturer. The Bathroom Gallery cannot be held liable or responsible for errors due to updated or a change in the specifications.