Terms and Conditions
- Promotional Terms and Conditions:
- Code: BOGO50. Buy one item get another item for 50% off on all bundles. Maximum 3 items discounted at 50% off per order. Offer applies to purchases on www.au.airbnb.dettol.com only from 28.01.2021 to 10.02.2021. Not valid in conjunction with any money-off voucher or discount code. Offer may be withdrawn or varied where we consider it necessary and reasonable to do so. Subject to availability. Over 18s only.
- In these Terms and Conditions the “Company” means B dynamic Promotions Pty Ltd (ABN 85 618 597 612), whose registered office is at 1 Aristida Close, Kemps Creek, NSW, 2178, Australia.
- The “Purchaser” means any person or company who buys or has agreed to buy goods and “Goods” mean any goods or services supplied by the Company.
- “Conditions” means the terms and conditions set out in this document. The singular shall be deemed to include the plural, person shall include the firm or company and vice versa.
- Applicable Terms:
Unless otherwise agreed in writing, any contract for the sale of Goods shall be subject to these Terms and Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with these Terms & Conditions, be deemed rejected by the Company.
- Prices and Payment:
- The price due and payable by you for the products you are intending to purchase shall be as stated on this Website at the time you place your order except in the case of obvious or manifest error. Prices may change at any time but price changes will not affect confirmed and accepted orders placed prior to the date of any such change. If the price of a product is obviously wrong, we will not be obliged to provide the relevant product to you at that price and will give you the option of confirming your order at the correct price or cancelling your order, in which case we will refund any incorrect payments collected in respect of such order in accordance with these Terms.
- Prices shown on the Website are inclusive of GST at the applicable rate.
- When making your payment, it is imperative that you provide the information that the Website specifies is required. Your bank or credit card will be debited immediately upon placing your order. During the checkout process, you will be asked to enter your payment details. By completing your payment details you confirm that the credit or debit card being used is yours and/or you have authority to use it. All fields indicated as compulsory must be completed. We do not sell products for purchase by children.
- If you think an invoice is wrong please contact us here promptly to let us know You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date at a rate of 10% per annum.
- Packing, Carriage & Insurance:
Packaging, carriage and insurance to designated premises and on default or designation to any trading address of the Purchaser, shall be paid by the Purchaser and shall be charged at the Company’s rates current at the time of dispatch.
The Goods shall be delivered to the address stated in the order.
Any delivery dates quoted are estimates only and time shall not be the essence of the contract with regard to such estimated dates. The Company will accept no liability for failure to supply or deliver within the period quoted.
The Company shall be entitled to make partial deliveries by installments and these terms and conditions shall apply to each such delivery. Risk in the Goods shall pass to the Purchaser upon delivery to the address. The Purchaser is advised to insure accordingly.
- Retention of Title and Personal Property Securities Act:
- The legal and beneficial ownership in the Goods will remain in the Company until payment in full has been made by the Purchaser for the Goods (including, without limitation, payment on account of any fees, charges, levies, insurance, transportation, freight and delivery costs and any applicable GST that the Company is entitled to be reimbursed by the Purchaser in respect to the Goods), and until that time:
(i) the Purchaser will hold the Goods as bailee for the Company;
(ii) the Purchaser shall keep the Goods free from all charges, licences and
(iii) the Purchaser shall keep the Goods marked and apart from all other goods so as to distinguish and separate the Goods from other goods and show clearly that they belong to the Company (and in this regard identifying numbers, plates, marks and other features affixed to such goods shall not be obliterated, altered, defaced, removed or obscured).
- The Purchaser must pay the proceeds of sale of any such Goods that have not been paid for in full to the Company into a separate account and must disburse to the Company from this account any amount owing for the Goods.
- The Purchaser irrevocably agrees and undertakes that the Company (its servants or agents) will have the right forthwith (and without prejudice to any other rights the Company may have at law or in equity) without notice or demand to enter upon the Purchaser’s premises and retake possession of the goods whatsoever situated without liability for trespass, negligence or payment of any compensation to the Purchaser
- The Company may institute action for recovery of the price of the Goods notwithstanding that legal and beneficial ownership therein may not have passed to the Purchaser.
- Nothing in this clause shall confer any right upon the Purchaser to return the Goods purchased by it in accordance with Conditions or to refuse or delay payment for them.
- The Purchaser shall indemnify the Company against, and pay to the Company, immediately upon demand, all and any loss, damage, costs, charge, or expense or other liability (including but not limited to consequential loss, loss of profits and legal costs) whatsoever and howsoever incurred or sustained by the Company, as a result of or in relation to the exercise by the Company of its rights under this clause on a full indemnity basis .
- Unless the context requires otherwise, terms and expressions used in this clause have the meanings given to them in, or by virtue of, the Personal Property Securities Act 2009 (Cth) (PPSA).
- The Purchaser grants the Company a security interest in all Goods to which the Company retains title under these conditions and any Agreement incorporating them, being a purchase money security interest in those Goods and their proceeds.
- The Purchaser must:
(i) promptly sign any documents and provide all information reasonably required by the Company to register a financing statement or financing change statement on the Personal Property Securities Register (PPS Register) or that the Company may require in connection with such registrations;
(ii) notify the Company in writing of any proposed change to its name, address or any other details that have been, or are required to be, recorded on the PPS Register in connection with any such security interest at least 7 days before the changes take effect;
(iii) indemnify, and upon demand reimburse, the Company for all expenses incurred in registering a financing statement or financing change statement on the PPS Register, releasing any goods from a security interest perfected by such registration or any other action taken by the Company to comply with the PPSA (including complying with a demand given under section 178 of the PPSA) or to protect its position under the PPSA; and
(iv) not register a financing change statement in respect of any such security interest created without the prior written consent of the Company.
- Any time the Purchaser makes a payment to the Company, irrespective of whether the payment is made under or in connection with a particular supply of Goods, the Company may apply that payment in any manner and order it sees fit.
- The Purchaser waives its rights to receive a verification statement in accordance with section 157 of the PPSA.
- To the extent permitted by law (including under the PPSA), the following provisions of the PPSA will be excluded: (i) section 95 (notice of removal of accession), to the extent that it requires the secured party to give notice to the grantor; (ii) section 121(4) (enforcement of liquid assets - notice to grantor); (iii) section 125 (obligation to dispose of or retain collateral); (iv) section 129(2) (disposal by purchase - notices); (v) section 129(3) (disposal by purchase – process); (vi) section 130 (notice of disposal), to the extent it requires the secured party to give a notice to the grantor; (vii) section 132(3)(d) (contents of statement of account after disposal); (viii) section 132(4) (statement of account if no disposal); (ix) section 143 (reinstatement of security agreement); and (x) any other provision of the PPSA notified by the Company to the Purchaser from time to time.
- Where the Company has rights in addition to those in chapter 4 of the PPSA, those rights will continue to apply and, in particular, will not be limited by section 123 of the PPSA.
Goods supplied may not be returned for credit without written consent of the Company and any Goods which are returned without such consent will be refused.
- Cancellation/Variation of the Purchase Order:
Any order placed by the Purchaser shall not be varied or cancelled without prior written consent of the Company. The granting of consent shall be entirely at the discretion of the Company and shall always be subject to the payment by the Purchaser to the Company of a sum equivalent to the losses, including loss of profit, cost and expenses of the Company caused by the variation or cancelation (such sum being reasonably determined by the Company).
- Damaged in Transit:
The Company shall not be liable for faulty or damaged Goods unless such fault or damage can be shown to have risen prior to dispatch. (a “Pre-Dispatch Defect”).
Any claim by the Purchaser which is based on a Pre Dispatch Defect shall be notified to the Company within 7 days from the date of delivery or (whereas the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the Company may, at its sole discretion, repair, replace or issue a credit note in respect of defective Goods. The Purchaser must retain the Goods with the original packing for Inspection and return them, carriage paid and at the risk of the Purchaser to the Company.
- Notification of Shortage:
The Company shall accept no liability for shortage of goods on delivery unless written notification shall have been received by the Company from the Purchaser within 7 days of dispatching in the Goods to the Purchaser.
- Warranty and Consequential Loss:
To the extent permissible by law, The Company gives no warranty or condition, expressed or implied, in respect of the condition of the Goods or its fitness for any particular purpose, and the Company shall be under no liability whatsoever for consequential loss or damage of any description in respect of goods sold, repaired, or converted, or for services rendered.
Nothing in this clause shall affect the implied warranties and rights of a consumer under the Australian Consumer Law.
- Ownership of Date
(a) All Intellectual Property Rights created in any data created in connection with the Services by the parties, will be equally vested and shared between the parties (“Developed Data”).
(b) Each party grants to the other party an irrevocable, non-exclusive, world-wide, royalty free licence to use, reproduce, modify and adapt the Developed Data.
- Employers Liability:
Where employees of the Company are to be employed on the Purchaser’s Premises, the Purchaser will indemnify the Company against any liability in respect of or claim such employees.
- Customer Liability:
The Company shall not be liable for any loss or damage whatsoever caused directly or indirectly by the Purchaser’s failure to perform any of the Purchaser’s obligations under any contract or order relating to any Goods or any other matter wholly or partly within the Purchaser’s control.
No contract with the Company shall be assignable by the Purchaser without the prior written consent of the Company.
Without prejudice to any other remedy available the Company shall be entitled to recover from the Purchaser any cost or expenses (including solicitor’s and debt collection agent’s fees and disbursements on a Solicitor/client basis) incurred in recovering monies in respect of the goods or any other monies due under the Terms & Conditions hereof.
All orders for export shall be delivered ex works by the Company. Terms on export orders shall be subject to individual negotiation with the Purchaser.
All goods supplied by the Company shall be subject to the Manufacturers period of warranty. The Company shall be under no liability under the above warranty if the total price for the Goods has not been paid by the due date for payment.
- Force Majeure:
The Company accepts no liability for delay in delivery or failure to deliver Goods arising out of any cause whatsoever beyond reasonable control or the control of its suppliers.
- Governing Law:
All contracts made between the Company and the Purchaser shall be constructed in accordance with and governed in all respects by State of New South Wales’ Law and the Purchaser agrees to submit to the exclusive jurisdiction of State of New South Wales’ Courts.
Goods sold by the company may not be used in equipment and or products for use in any life support system, nuclear installations or aircraft without prior written consent of the Company.
The headings of these terms and conditions are of convenience only and shall have no effect in the interpretation thereof.