Bossini Online Store Terms and Conditions
Last updated: 20th June, 2011
About These Terms And Conditions
In these Terms and Conditions ¡°we¡± and ¡°us¡± means Auspac Trading Group Pty Ltd,
and ¡°you¡± means you the customer. ¡°Product¡¯ means any goods purchase in this site.
These Terms and Conditions together with your Order constitute the entire Contract
between us and you for supply of Products. The Contract cannot be carried unless
with the written consent from us.
Legal Capacity to Transact
If you are under the age of eighteen (18) years old, you cannot place orders with
us. By accepting these Terms and Conditions you acknowledge that you are over the
age of eighteen (18) years old. Should we suffer any damage or other losses as a
result of transaction entered into by a minor, we reserve the right to seek compensation
for such losses from the parents or guardians of the minor who places the order(s)
to be place with us.
Australia and New Zealand Sales Only
We sell and ship Products only within Australia and New Zealand.
Placing Your Order
By placing an Order, you make an offer to us to purchase the Products you have selected
based on these Terms and Conditions. Information contained on Bossinionline website
constitutes an invitation to treat. No information on our website constitutes or
should be deemed as an offer by us to supply any Products; however Bossinionline
will make every effort to supply Products to you. We will notify you that your order
is being processed by sending you an Order Confirmation and tax invoice by email;
however we do 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. Action Alliance and its affiliated
reserves the right to refuse service, terminate accounts, remove or edit content
or cancel orders in their sole discretion. We will confirm acceptance of your order
when we send you an email confirming shipment of the goods you have ordered. If
we cannot accept your Order after payment received we will contact you by email
or telephone.
Payment Methods And Processing
Bossini Online currently accepts Paypal, Visa and MasterCard only, payment processing
will not begin until we received all information we need. Order placed on a weekend
or public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday excluding VIC public holidays.
GST
All fees and charges identified in these Terms and Conditions and all prices for
the Products purchased with us include GST, where applicable. Price
Bossini Online always seeks to list Products with the most competitive prices, however
we reserves the right to change prices for Products displayed at Bossini Online
at any time before you place an Order. The price of products shown excludes shipping
costs.
Shipping Cost
Product shipping costs are shown separately on the product page but may be recalculated
based on how many and what items you place in your shopping cart.
Supply of Products
Subject to these Terms and Conditions, we will supply to you the Products indicated
on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment
of each item including a tracking number for each item.
Delivery of Your Product
Delivery time takes up to 10 working days from the date your payment is received.
We will make every effort to deliver your Product according to the estimated delivery
times. The estimated delivery times are in business days (Monday through Friday)
excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery
times provided, estimated ship times may change due to changes in supply or circumstances
beyond our control. If your Product has not arrived after the estimated delivery
time, please contact us.
Unless otherwise agreed by us, we will deliver your Products to the address indicated
on your Order Confirmation. Where delivery is by our courier service and no-one
is available to take delivery, they will leave a card requesting you to telephone
them to arrange a suitable time and date for delivery.
We will use our reasonable efforts to deliver your Products to you within the estimated
delivery time; however, we do not guarantee that we will deliver within this time
frame.
Title and risk of loss to all Products will pass to you on delivery.
Consumer Guarantees
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms
and Conditions excludes the application of those guarantees.
For more information about your rights as a consumer, see the Australian Consumer
Law website at www.consumerlaw.gov.au.
If a Product has a minor defect, we will provide a repair or offer you a replacement
or a refund. If a Product has a major defect, you are entitled to:
- reject the goods and receive a refund
- reject the goods and receive an identical replacement, or one of similar value if
reasonably available
- keep the goods and receive compensation for the drop in value caused by the problem.
- If you think that a Product is defective you should contact our Customer Service
Help Centre and a Bossini Online Customer Service Representative will assist you.
A photo may be requested to assist with the assessment of your claim. Where a Product
is defective and needs to be replaced or repaired return shipping will be arranged
at the expense of Bossini Online. If a Product is replaced, your replacement Product
becomes your property and the returned Product becomes our property. When a refund
is given, the returned Product becomes our property.
Returning a Product if You Change Your Mind Bossini Online Products only
If you change your mind about a purchase or make an incorrect choice, we will provide
you with a store credit within 14 days of delivery for unopened products.
Return Authorisation Number - A Must Have
A Return Authorisation (RA) number is required for replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is defective,
Customer Service will issue you with an RA. Products cannot be returned without
an RA. The Product should be returned to Bossini Online within 30 calendar days
of the issuance of the RA. Where possible, all Products should be packed in the
original, unmarked packaging including any accessories that shipped with the Product.
If the accessories are not included, only a partial refund will be applied.
When a Replacement Product is arranged
A replacement for the same Product that you ordered will be shipped to you at our
expense after we have received your returned Product. The delivery time for the
replacement Product will be the same as stated for the original Product.
Our Liability
To the extent permitted by law: 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 however arising and whether caused by tort (including
negligence), breach of contract or otherwise. Our maximum aggregate liability for
any Product supplied to you whether in contract, tort (including negligence) or
otherwise shall in no circumstances exceed the amount payable by you to us in respect
of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected
from your Order Form for the purposes of processing your Order. If you so indicate
on the appropriate section of your Order Form, by placing your Order you also agree
that we may use such data, other than credit card details, in order to provide you
with information from time to time on other Bossini Online Products that may be
of interest to you. If you do not agree us using such data in order to provide you
with information on other Bossini Online Products, you should indicate your non-agreement
on the appropriate section of your Order Form. You may obtain a copy of the data
held by us concerning you on request in writing. We reserve the right to charge
an administration fee for processing such request. If any data held by us concerning
you is incorrect, we will correct it on your written request. Please refer to our
Privacy Statement.
Credit Card Fraud
Bossini Online will not be responsible for any damages, consequential losses (whether
direct or indirect) suffered by a customer whose credit card is fraudulently used
or is used in an unauthorised manner
Fraud Protection or Prevention Procedures
When you place your Order by either a Credit Card or PayPal you may be sent an email
from our Fraud Prevention Officer requesting further information, such as a copy
of your credit card and drivers license for identification. After verification this
information will be destroyed. In this case, until your order has passed internal
Fraud Prevention procedure checks your order will remain on Pending status. If you
do not provide the requested information within 7 days, your order will be cancelled
and your payment will be refunded back to the method in which you paid. These information
requests are sent to help protect Credit Card and PayPal account holders from online
Fraud.
General
You shall not assign any rights and obligations under these Terms and Conditions
whether in whole or in part without the prior written consent of Bossini Online.
Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the other provisions
of these Terms and Conditions and the remainder of the provisions in question shall
not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes
a waiver of such Term or Condition. Such failure shall in no way affect the right
to later enforce such Term or Condition.
Bossini Online reserves the right to change the Terms and Conditions of sale at
any time.
No Bossini Online employee or agent has the authority to vary any of the Terms and
Conditions governing any sale
Force Majeure
To the extent permitted by law, Bossini Online is not liable for any delay in performing
any of its obligations under these Terms and Conditions if such delay is caused
by circumstances beyond the reasonable control of Bossini Online, and Bossini Online
shall be entitled to a reasonable extension of time for the performance of such
obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with
the laws of Victoria and shall be subject to the non-exclusive jurisdiction of the
courts of Victoria