Terms & Conditions
Your use of the website constitutes your agreement to follow and be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, please do not use the website.
1.1 In these Terms and Conditions the following terms shall have the meanings set out below:
- ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010(Cth).
- Amount Payable means at any time all amounts payable to Bargains Bay AU, whether or not those amounts have become due for payment under these Terms and Conditions, in connection with the Goods or the Contract, including without limitation any invoiced amounts, interest, fees, costs or expenses.
- Contract means the Terms and four a Purchase Order, the relevant Purchase Order Acknowledgement.
- Customer means the customer specified in the Purchase order, the person placing the Order or on whose behalf the Order is placed with Bargains Bay AU.
- Goods mean any goods, products, services or materials supplied or to be supplied by Bargains Bay AU at any time and from time to time, including without limitation any goods specified in a Purchase Order, Purchase Order Acknowledgement or invoice.
- GST means any goods and services tax imposed on the Supply pursuant to the GST Law.
- GST Law means A New Tax System(Goods and Services Tax) ACT 1999(Cth).
- PPSA means the Personal Property Securities Act 2009(Cth).
- Purchase Order means an order or an offer to purchase Goods.
- Purchase Order Acknowledgement is defined under clause 2.1(a).
- Terms and Conditions mean the terms and conditions set out in this document, as modified or amended in relation to particular Purchase Order.
2.BINDING TERMS AND CONDITIONS
2.1 Purchase Order, Purchase Order Acknowledgement and Terms and Conditions
- A Purchase Order or an offer to purchase can be made by the Customer form to tome, however, the Purchase Order shall be deemed accepted when the Customer receives an acknowledgement of the Order form Bargains Bay AU or delivery of the relevant Goods, whichever first occurs ("Purchase Order Acknowledgement").
- The Terms and Conditions apply to every Purchase Order unless otherwise agreed in writing by Bargains Bay AU.
- The Customer acknowledges that the Terms and Conditions constitute a security agreement and that Bargains Bay AU may register a financing statement in respect of the security interests provided for under these Terms and Conditions.
- By submitting a Purchase Order to the Company, the Customer hereby agrees and acknowledges that it accepts and ratifies the Terms and Condition Apply and are being bound on the Customer.
- The Contract shall comprise of the following documents, in order of precedence:
- Purchase Order and Purchase Order Acknowledgements;
- These Terms and Conditions;
- Any other document which is attached to, or incorporated by reference in, the Purchase Order or these Terms and Conditions.
- The Contract constitutes the entire agreement between Bargains Bay AU and the Customer with respect to the Purchase Order. Any and all prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.
- If at any time in relation to a Purchase Order, the Customer Provides, refers to, submits or otherwise uses terms and conditions other than the Terms and Conditions, such terms and conditions will not form part of or be incorporated into the Contract.
3.CHANGE OF MIND POLICY
3.1 Bargains Bay AU offers a 14-day Change of Mind Policy.
- We do not accept change of mind for health, safety, or health/safety baby-related products because we have a legal duty of the Health and Safety of the customers using our products and we are not allowed to be selling products that have been opened/handled/used, etc.
- The change of mind option is not applicable to bulk purchases by pallet or pick up.
- We only accept change of mind within 14 days after the item is delivered
- Please send an email including pictures or video of the condition of the product received and an explanation of why they would like to return the product and if the item is eligible for return.
- For COM (Change of Mind) product has to be in original packaging.
- We will notify you as to whether or not we require the product to be returned to us. Please do not return the product to us without our prior consultation – credit will not be given in this case.
- If we require the product to be returned to us, we will provide a return post label. We will not refund postage if the customer does not use our return label.
- If the return label provided to you, we will refund the total order amount MINUS initial postage, return postage and restocking fee of 15%
- If the return label NOT provided to you, we will refund the total order amount MINUS initial postage and restocking fee of 15%
- If customers change their mind before the item is received and require the action of RTS (Return to Sender), we will refund the total order amount MINUS initial postage and restocking fee of 15%