1. About the Website
1.1 Welcome to www.baelectricalswholesaler.com.au(the “Website”).The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the “Products”). The Website also provides third party associated services regarding the Products such as merchant banking facilities and delivery services (the “Services”).
1.2 The Website is operated by BA Electrical Wholesaler Pty Ltd (“BA Electrical”) (ACN 628 250 000). Access to and use of the Website, or any of its associated products or Services, are provided by BA Electrical. Please read these terms and conditions (the “Terms”) carefully. If you do not agree with the Terms, you must cease usage of the Website immediately.
1.3 BA Electrical reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BA Electrical updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, it is recommended that you read and keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1 You accept the Terms by remaining on the Website. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BA Electrical in the user interface.
2.2 You may not use the Services or purchase the Products and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with BA Electrical; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Account Registration
3.1 In order to access the Services, you may be required to create an account (the “Account”). As part of the Account registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address and/or preferred username;
(b) a mailing address;
(c) Australian Business Licence Number (ABN);
(d) a telephone number; and
(e) a password.
3.2 Where you are required to create an Account, you warrant that any information you give to BA Electrical in the course of completing the registration process will always be accurate, correct and up to date.
3.3 Once you have completed the registration process, you will be a registered account holder of the Website (“Member”).
4. Account Registration
4.1 As a Member or a user of the Website, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BA Electrical of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BA Electrical providing the Services;
(e) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(f) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by BA Electrical for any illegal or unauthorised use of the Website;
(g) you acknowledge and agree that any automated use of the Website or the Services is prohibited; and
(h) any of the Products purchased on the Website will be installed by a qualified electrician and at no time will BA Electrical be held responsible for any injuries, deaths, loss or damage caused to you or any third party, either directly caused or indirectly caused, as a consequence of your failure to engage a qualified person to install the Product.
5. Purchase of the Products
5.1 Subject to Clause 8 (Credit Accounts) of these Terms, in using the Services to purchase the Products through the Website, you agree to pay the purchase price listed on the Website for the Product (the “Purchase Price”) prior to delivery of the Product.
6.1 Where you have agreed to make payments by way of direct debit, credit card or via the Payment Gateway and there is a chargeback by your credit provider, we may suspend or terminate the Services immediately. You will be charged the then current administration fee which will be no less than $30.00 plus GST (Administration Fee) and may also be charged interest in the amount of 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the issuance of a tax invoice. Upon payment of the Administration Fee, we may reinstate the Services to you.
6.2 If you do not pay any amounts owing to us, you will be liable to make the payment immediately. In the event the amounts remain unpaid after seven (7) days from the date of the tax invoice, we may proceed to recover the debt from you without further notice. If we initiate debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and we may report you to a credit reporting agency
7.1 All prices on the Website or quoted by us are listed in Australian dollars and exclusive of GST unless otherwise indicated.
7.2 BA Electrical retains the right to change prices of the Products and Services at any time. The prices for the Products at the point of payment via the Payment Gateway is fixed and final.
7.3 BA Electrical is not obligated to honour any previous or existing prices listed on the Website or quoted by a BA Electrical representative.
8. Credit Account
8.1 BA Electrical may offer you the opportunity to establish a credit account (the “Credit Account”). If you are offered the Credit Account, then BA Electrical will offer the sale of the Products to you on a 30-day credit basis (the “Credit Terms”).
8.2 The Credit Account and the Credit Terms are only available to those who have signed a returned a Credit Application to BA Electrical (the “Application”), and BA Electrical has approved the Application. BA Electrical reserves its absolute right to grant or refuse any Application received and may terminate the Credit Terms and Credit Account at its absolute discretion.
8.3 In the event of inconsistency between these Terms and the Application, the Application prevails.
9. Return Policy
9.1 BA Electrical may, at its sole discretion, accept a request to return the Products, provided you meet the following conditions:
(a) the request is made within 30 days from the date of purchase of the Products;
(b) the Products and all of its components must be returned (at your cost) within 30 days from the date of purchase of the Products; and
(c) the Product packaging must be unopened and remain in a re-saleable condition.
9.2 You acknowledge and agree that you are liable for any applicable fees (including a 15% of the Purchase Price for restocking fee), postage and shipping costs associated with any returns pursuant to this clause.
9.3 If the returned Products are accepted by BA Electrical, the maximum credit you are entitled to receive is the Purchased Price.
9.4 If you have received the wrong order, please inform a BA Electrical representative as soon as the order is received or within a reasonable amount of time after receipt. Failure to notify BA Electrical may result in a rejected request for return of the Products.
10.1 The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the “Warranty”).
10.2 You may make a claim under this clause (the “Warranty Claim”) for material defects and workmanship in the Products within 3 months from the date of purchase (the “Warranty Period”).
10.3 In order to make a Warranty Claim during the Warranty Period, you must provide original receipt of purchase to BA Electrical showing the date of purchase of the Products, provide photographic evidence of the faulty product and the evidence of the Purchase Price paid for the Products by sending written notice to BA Electrical at PO Box 61, Melton, VIC 3337 or by email at email@example.com.
10.4 If you fail to provide the required documentation and evidence set out in Clause 10.3 of the Terms, the Warranty Claim will not be accepted by BA Electrical.
10.5 Where the Warranty Claim is accepted by BA Electrical, BA Electrical will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you may be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
10.6 It is your responsibility to retain possession of the faulty product while the Warranty Claim is being processed. BA Electrical will not be liable for any loss or damage in the event of theft or any other unforeseeable event.
10.7 The Warranty shall be the sole and exclusive warranty granted by BA Electrical and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.
10.8 All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.
10.9 The Warranty only applies where the product has been installed according to the manufacturer’s instructions and installation was conducted by a qualified electrician.
10.10 The Warranty does not apply to any appearance of the supplied Products or where the exterior the Products has been damaged or defaced, been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.
11.1 Delivery of the Products will be made to your nominated address.
11.2 BA Electrical offers free freight within the Melbourne metro district only for orders exceeding $100.00 + GST, unless stated otherwise on the Website. Orders that exceed the weight limit of 15 kgs do not qualify for free freight.
11.3 If a freight fee applies, it will be calculated based on the distance and weight of the order. The standard freight fee is $10 per 10kg and BA Electrical may make variations to this fee at any time.
11.4 Upon receipt of confirmation that full payment has been received, your order will be shipped within 1 – 4 business days.
11.5 You acknowledge that the Services offered by BA Electrical integrate delivery services (the “Delivery Services“) through the use of third party delivery companies (the “Delivery Service Providers”).
11.6 In providing the Services, BA Electrical may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that BA Electrical is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers.
11.7 You agree to make all arrangements necessary to take delivery of the Products. Failure to take delivery does not render the order as cancelled. Delivery is effected when made to your nominated address.
11.8 In the event that an item is lost or damaged in the course of the Delivery Services, BA Electrical asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
(b) contact us by sending an email to firstname.lastname@example.org outlining in what way the Products were damaged or lost in transit so we are able to determine if the Delivery Service Provider should be removed from the Services.
11.9 Risk of loss and damage shall pass to you upon delivery of the Products to your nominated address.
11.10 BA Electrical retains legal ownership of all Products supplied until full payment is received.
12. Copyright and Intellectual Property
12.1 The Website, the Services and all of the related products of BA Electrical are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the “Content”) are owned or controlled for these purposes, and are reserved by BA Electrical or its contributors.
12.2 All trademarks, service marks and trade names are owned, registered and/or licensed by BA Electrical, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are an Account Holder to:
(a) Use the Website pursuant to the Terns;
(b) Copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) Print pages from the Website for your own personal and non-commercial use.
12.3 BA Electrical retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of BA Electrical; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.4 You may not, without the prior written permission of BA Electrical and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
14. General Disclaimer
14.1 You acknowledge that BA Electrical does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2 BA Electrical will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
14.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) BA Electrical we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5 Use of the Website, the Services, and any of the products of BA Electrical (including the Delivery Services), is at your own risk. Everything on Website, the Services, and the Products of BA Electrical, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BA Electrical (including any third party where the Delivery Purchase Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of BA Electrical) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15. Limitation of liability
15.1 BA Electrical’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of BA Electrical is $200.00.
15.2 You expressly understand and agree that BA Electrical, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
15.3 BA Electrical recommends the Products to be installed by a qualified electrician. By purchasing the Products, you agree that BA Electrical will not be responsible for any loss, damage, injury or death, either caused directly or indirectly by the Products in connection with the failure to install the Products by a qualified professional.
15.4 BA Electrical is not responsible or liable in any manner for any site content posted on the Website or in connection with the Services, whether posted or caused by users of the website of BA Electrical, by third parties or by any of the Services offered by BA Electrical.
15.5 You acknowledge that BA Electrical does not provide the Delivery Services to you and you agree that BA Electrical will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
16. Termination of Contract
16.1 The Terms will continue to apply until terminated by either you or by BA Electrical as set out below.
16.2 If you want to terminate the Terms, you may do so by:
(a) notifying BA Electrical at any time; and
(b) making payment of all outstanding fees, charges, expenses and monies which are due and owing to BA Electrical or any of its third party provides as set out in these Terms; and
(c) closing your accounts for all of the Services which you use, where BA Electrical has made this option available to you.
Your notice should be sent, in writing, to BA Electrical via the ‘Contact Us’ link on our homepage.
16.3 BA Electrical may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or the Credit Application (where applicable) or intend to breach any provision of those documents;
(b) BA Electrical is required to do so by law;
(c) the partner with whom BA Electrical offered the Services to you has terminated its relationship with BA Electrical or ceased to offer the Services to you;
(d) BA Electrical is transitioning to no longer providing the Services to users in the location in which you are resident or from which you use the service; or
(e) the provision of the Services to you by BA Electrical is, in the opinion of BA Electrical, no longer commercially viable.
16.4 Subject to local applicable laws, BA Electrical reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BA Electrical’s name or reputation or violates the rights of those of another party.
16.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BA Electrical have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
17.1 You agree to indemnify BA Electrical, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
18. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Commercial Disputes Centre or his or her nominee and the mediation will be held in accordance with the Australian Commercial Disputes Centre’s Guidelines for Commercial Mediation;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; and
(d) The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
18.5 Termination of Mediation:
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
19. Venue and Jurisdiction
The Purchase Services offered by BA Electrical is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
20. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.