Bit Part is serious about the quality of its design and fabrication, and expressly puts its customers on notice that natural imperfections in its products are normal. Customers should also expect that certain materials, such as the solid brass, natural marble, solid stainless steel, bronze may tarnish and patina and painted finishes may show signs of normal wear and tear over time.
On the above understanding, it is hereby agreed between you and Bit Part that:
(c) You acknowledge that when you subscribe to receive communications from us or purchase Product/s via the Website, you will be required to provide relevant personal and billing information (the “Specified Information”) and you agree to provide the Specified Information in full, complete and accurate form, as required by Bit Part.
2) ONLINE ORDERS:
(a) Before placing an order Bit Part recommends that you make the appropriate enquiries to ensure that the Product is substantially suitable for your needs and for the door or other property upon which it may be installed or affixed.
(b) On placing an order, you acknowledge and agree that:
(i) you will use the associated parts provided by Bit Part along with your Product for the purpose of installing, retrofitting or using your Product;
(ii) you will not use parts that are not associated with Bit Part for the purpose of installing, retrofitting or using your Product, unless first approved by Bit Part in writing;
(iii) you will use one of the accredited tradesman recommended by Bit Part if specific installation or retrofitting of your Product is required; and
(iv) you will not install your Product yourself or use a non-suitably qualified tradesman, except in circumstances first approved by Bit Part in writing.
(c) Bit Part reserves the right to decline or accept orders made through the Website.
(d) Bit Part may restrict the quantity of Products sold online, and in such instances will require that you contact Bit Part directly to place, confirm and arrange payment for your order.
(e) Occasionally certain Products may be out of stock or subject to long lead times. If estimated lead times are provided to you in such instances, these are approximations only and may be subject to change.
(g) If Bit Part is, for any reason, unable to fulfil your order, we will either refund you the price of the Product/s or provide you with a credit (at your discretion).
(a) By purchasing Product/s online, you agree to provide the full payment for the Product/s through our online system at the time of your purchase.
(b) All prices listed on the Website:
(i) are in Australian dollars unless otherwise specified;
(ii) are fixed once your order has been confirmed, subject to payment being made at the time of purchase (unless expressly approved otherwise by Bit Part); and
(iii) may change, at Bit Part’s discretion, without notice.
(c) You agree to pay delivery charges as they are calculated and listed in the order confirmation form at the time of your purchase.
(d) Bit Part is not responsible for additional fees or charges that may be applied by a User’s banking institution, including without limitation any applicable international transfer or service fees.
(e) Any communication from us acknowledging that we have received your order is for information purposes only and does not put Bit Part under any obligation to provide the Product/s ordered to you until such time as the Specified Information can be verified and approved, and payment has been received.
(g) In the instance that Bit Part does accept payment in arrears, you agree that your Product/s purchase will be listed as pending, until such time as the Specified Information can be verified and approved, and payment has been received, unless otherwise expressly agreed by Bit Part.
(i) You undertake and warrant that:
(i) All Specified Information you have provided for the purpose of purchasing the Product/s is correct and not misleading;
(ii) You are fully entitled to use the payment card or account used to pay for the your order;
(iii) Have sufficient funds in your payment card or account to cover the proposed payment;
(a) Unless expressly agreed otherwise by Bit Part, the amount payable are inclusive of GST (having the same meaning it has in A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the “GST Act”).
(c) Bit Part will give you a tax invoice in relation to the payment of GST under this clause.
(a) Delivery fees may vary depending on the delivery location, the size and the weight of the package being delivered.
(b) It is your responsibility to ensure that the correct Specified Information (for example, delivery address, contact numbers and email address) is provided to Bit Part.
(c) You are responsible for ensuring that the Product/s are capable of being delivered to the delivery address and you must expressly notify Bit Part in writing of any specific requirements or difficulties that will be associated with delivery of the Product/s.
(d) Bit Part reserves the right to nominate the day and time of delivery of the Product/s within reason, and will take all reasonable measures to ensure that the delivery timeframe is met, but you acknowledge that delivery within the agreed timeframe may be impacted in certain circumstances.
(e) You acknowledge and agree that you may be required to sign for delivery of the Product/s, unless you grant us authority to leave the Product at your delivery address when placing your order, in which case you agree that this authority gives us or our nominated couriers permission to leave the order unattended by the front door of the delivery address, or as otherwise reasonably nominated by you when placing your order, and releases us and our couriers from all responsibility and liability relating to the delivery of your Product/s.
(f) You acknowledge and agree that you cannot cancel or change delivery within a twenty-four hour period, without incurring additional fees (equal to the original value of the delivery cost plus any other administrative or operational cost incurred by Bit Part as a result of the change or cancellation).
(g) You acknowledge and agree that we only deliver to the following locations:
(i) Metropolitan areas within Australia
and in the event you place an order with us for a location not situated within the areas listed above, we will contact you using the contact details you provide when placing your order and it will be your responsibility to arrange collection of your Product from a post office or alternative address situated within one the areas listed above. If we cannot get hold of you within a reasonable time or you fail to arrange appropriate alternative delivery with us, we may decide to cancel your order at our discretion (and without liability) and will return any payment that you have made in relation to that order (less any additional, reasonable costs incurred by Bit Part as a result of its attempt to fulfil delivery).
(h) Bit Part will not store Products for delivery or collection at a later date.
(i) If a delivery is returned to Bit Part by a post office according to their terms and conditions or standard practices, additional storage and delivery fees may apply.
(j) If Bit Part is, for any reason, unable to fulfil delivery within two weeks after placing your order, we will refund you the price of the Product/s (less any additional, reasonable costs incurred by Bit Part as a result of its attempt to fulfil delivery).
6) RETURNS AND CANCELLATIONS
(a) Bit Part will accept returns of a defective Product and will restore the Product subject to the Warranty in section 15.
(b) Bit Part will accept other returns, at its sole discretion, if the Product has not been used, is in its original packaging and the Product and the packaging are in their original condition. You will be responsible for returning the Product to Bit Part in its original condition.
(c) You agree that any return will be made at your own cost, and Bit Part is not responsible for additional postage fees or charges associated with returning a purchased product to their Australian business address.
(d) Bit Part may require specific information or assistance from you for the purpose of assessing or processing a return and you acknowledge that you will fully cooperate with Bit Part in this regard.
(e) Upon accepting a return, Bit Part will return any payment that you have made for the returned Product.
(f) If you would like to make a return, please first contact Bit Part (see the Contact Us section below).
7) PROHIBITED CONDUCT:
(a) You acknowledge and agree that under no circumstances will you engage in any of the following conduct, all of which is strictly prohibited:
(i) purchasing or otherwise obtaining the Product/s for the purpose of reselling them, unless expressly approved by Bit Part in writing;
(ii) using the Products as samples for the purpose of developing, manufacturing or creating a product that is substantially similar to the Product;
(iv) downloading, copying, recording, adapting, distributing or re-transmitting any or all of the Website:
(v) using any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of the Website;
(vi) infringing or breaching any applicable laws or regulations in using or accessing the Website;
(vii) using the Website or Content for any other purpose other than its intended purpose, including, but not limited to use of the Website for any non-approved commercial purposes or use of the Website, or related resources for the purposes of competing with or displacing the market for Bit Part.
(viii) using the Website or Product/s for any purpose reasonably considered objectionable by Bit Part, including, but not limited to, use of the Website for any obscene, discriminatory, abusive, violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose; associating the Product/s with any material that contains any nudity, or any obscene, violent, harassing, sexually explicit, defamatory, offensive, vilifying, prejudicial, inaccurate, inappropriate or other objectionable subject matter.
(b) If you become aware of misuse of the Website by any person, please contact us (see the Contact Us section below).
8) INTELLECTUAL PROPERTY:
(a) All content featured or included on the Website, including images, text, graphics, logos, audio, video recordings (including their underlying works) and software are either the intellectual property of Bit Part, its licensors or associated third parties. All such materials are protected by national an international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
(b) The rights in the name “Bit Part”, its logo, trade marks and all related intellectual property are owned and expressly reserved by Bit Part.
(e) If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, please contact us (see the Contact Us section below).
9) FORCE MAJEURE EVENT:
(b) Without limitation to Bit Part’s general power of termination above, you acknowledge and agree that Bit Part may without notice, discontinue (temporarily or permanently) the Website or other services (or any part thereof), or terminate, revoke or otherwise limit your access to the Website at any time in the instance that:
(i) there is a discontinuance or material modification to the Bit Part Website or services;
(ii) there is an technical or security issue or problem;
(iii) you fail to provide the Specified Information or provide any information that is incomplete, inaccurate or false;
(iv) you fail to make one or more payments for the purchased Product/s as and when payment falls due; or
(v) you are subject to an insolvency event such as winding up, dissolution, bankruptcy, arrangement, compromise with or assignment for the benefit of creditors, incapacity to pay debts as and when they fall due, appointment of a receiver and / or manager to any of its assets, or is otherwise insolvent within the meaning of the Corporations Act 2001 (Cth).
(a) TO THE FULLEST EXTENT PERMITTED AT LAW:
(i) THE BIT PART WEBSITE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS EXPRESSLY PROVIDED HEREUNDER, AND WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE;
(ii) WE MAKE NO WARRANTY THAT YOUR USE OF BIT PART’S WEBSITE OR PURCHASE OF BIT PART’S PRODUCTS WILL MEET YOUR REQUIREMENTS, PRODUCE A SPECIFIC RESULT, AND WE MAKE NO WARRANTY AS TO THE COMPLETENESS, RELIABILITY OR AVAILABILITY OF ANY BIT PART PRODUCT;
(iii) WE MAKE NO WARRANTY AS TO THE PRODUCT’S EXACT FIT WITH OR SUITABILITY FOR THE DOOR OR OTHER PROPERTY ON WHICH IT WILL BE INSTALLED, ATTACHED OR AFFIXED;
(iv) WE MAKE NO WARRANTY AS TO THE TIME OF DELIVERY OR AVAILABILITY OF ANY BIT PART PRODUCT; AND
(v) YOUR RELIANCE UPON THE WEBSITE IS SOLELY AT YOUR OWN RISK. BIT PART WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OF THE WEBSITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE WHETHER ONLINE OR OFFLINE.
(b) Content, or any other material or information created and posted by Bit Part or its Users may contain links to other websites. Bit Part is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Bit Part. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website and Bit Part takes no responsibility for third party endorsements. When you access these third-party sites, you do so at your own risk.
(c) Bit Part assumes no responsibility for any error, omission, technical malfunction, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website, including any injury or damage to Users or to any person's computer, mobile or other device related to or resulting from use of the Website.
(d) The Website is controlled and offered by Bit Part from its facilities in Australia. Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
12) LIMITATION ON LIABILITY:
(a) To the fullest extent permitted at law, in no event shall Bit Part, or any other person or entity involved in creating, developing or delivering the Website or their Products be liable to you or any third party for any damages (including without limitation lost profit, indirect, consequential, exemplary, incidental, special or punitive damages) arising from your use or inability to use the Website or the Products, howsoever arising, even if Bit Part or any associated third parties associated with the Website or Content has been advised of the possibility of such damages.
(b) Notwithstanding anything to the contrary contained herein, Bit Part’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to repair or replacement of the purchased Product only (if applicable).
(b) Bit Part is able to and may:
(i) record personal information and non-personally identifiable information about your usage, including without limitation, your IP address, profile information, aggregate user data and browser type when you use the Website;
(ii) share information about your usage with third-parties only to the extent it is not personally identifiable; and
(iii) track and record information about Website traffic, Website usage, User activity and User preferences, from cookies and other tracking technologies.
(c) Bit Part collects and employs user information, without limitation:
(i) to provide Users with access to all parts of the Website;
(ii) to enable Users to access content on the Website;
(iii) to confirm order details and process payments;
(iv) to send updates, receipts, newsletters and communications regarding the services, Products and/or the Website; and
(v) toanalyse information received from cookies and tracking technologies to personalise content and information for Users, provide the most relevant information, services and advertisements (if applicable) to Users, administer, support and develop the Website and improve the services provided by Bit Part.
(d) Users may opt out of receiving communications from Bit Part at any time by changing their settings via a hyperlink in the footer of emails received from Bit Part, however you agree that by accessing the Website or purchasing Products online, Bit Part may still send you relevant payment, delivery or administrative notices from as necessary from time to time.
(e) Users may disable cookies via their browser preferences, if they do not wish to have browser activity tracked for the purposes detailed above. However Users should be aware that disabling cookies may result in experiencing technical problems with some parts of the Website (for example with order or payment functionality) because some functions on the Website will require enabled cookies.
(f) By using the Website, you consent to our third party service providers, subsidiary websites, partners, licensees or suppliers having access to your information, including third parties outside Australia where necessary for the purposes of providing Bit Part’s services. The locations of overseas third parties may include New Zealand, North America and the United Kingdom.
(g) Except as otherwise described in this section, or with your permission, Bit Part will not disclose personal information to any third party unless it believes that disclosure is necessary:
(i) to perform the services provided by Bit Part;
(ii) to perform internal business functions;
(iii) to process orders and/or payments;
(iv) to collect and analyse information collected from cookies or other tracking technologies
(v) to conform to legal requirements or to respond to a legal process or order received by Bit Part, whether or not a response is required by applicable law;
(vii) to protect the safety of Users.
(h) Bit Part:
(i) takes all reasonable steps to protect personal information it holds from loss, unauthorised access, modification, disclosure or other misuse;
(iii) restricts access to personal information to those employees who need access to perform their job functions;
(iv) does not generally collect any sensitive information as that term is used in the privacy legislation (including, without limitation, information relating to racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history);
(v) will only collect sensitive information where required by law or with consent, providing an explanation for any sensitive information it requests and only using and disclosing sensitive information for the purpose for which it is provided;
(vi) will process any requests for access to personal information that Bit Part holds within a reasonable time;
(vii) will take reasonable steps to ensure that the personal information it holds is accurate, complete and up to date;
(i) Bit Part reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Bit Part or substantially all of its assets to that successor in interest.
(j) Users may view, modify or remove any of their personal information at any time by logging into their account and accessing the appropriate edit features or by contacting Bit Part (see the Contact Us section below).
(k) If any User has any questions about this privacy statement, the practices of Bit Part, the uses, practices on the Website, or for more information about the data held, its purpose, method of collection, use or disclosure, they may contact Bit Part (see the Contact Us section below).
(a) Subject to Section14) (d), Bit Part offers a 24 month manufacturing warranty to its customers. In the event that a Product is found to be defective, you are entitled to restoration of the Product within 24 months from the date of purchase.
(b) Restoration may include, either replacement or repair of the defective Product, at Bit Part’s discretion.
(c) Restoration may be executed with a product of similar value if the exact specifications or design are no longer available or have been changed, and if the Product includes a number of parts or accessories, only the defective part or accessory will be restored.
(d) To the fullest extent permitted by law, the 24 month warranty does not cover any damage caused or substantially contributed to by defective installation, retrofitting, modification or alteration of the Product that does not comply with the directions or recommendations of Bit Part; installation, retrofitting, modification or alteration using parts other than those provided or approved by Bit Part; unauthorised alteration or modification of the Product against Bit Part’s directions or without Bit Part’s approval in writing; negligent and/or improper maintenance, care or use of the Product; overuse or commercial use (unless acknowledged and approved by Bit Part in writing); normal wear and tear; an accident or force and/or exposure to corrosive cleaning solvents or agents or environmental factors.
(e) As the materials that Bit Part uses, including without limitation natural marble, solid brass, bronze, stainless steel, are natural products, Bit Part does not warrant that each piece in a specific design series will be exactly the same or that the Product will not change, in colour, tone and feel over time with exposure to light, temperature and use. Neither does Bit Part warrant that painted finishes will be exactly the same between batches or dye lot.
(f) This Warranty does not limit your rights under Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) and any other statutory rights to which you may already be entitled, and to the extent that there is a discrepancy between this Warranty and Australian Consumer Law, the latter will apply.
(g) In order to claim under this warranty, you may contact us (see the Contact Us section below), with your proof of purchase (such as your purchase receipt). Any cost incurred by contacting us under this warranty will be borne by you.
17) CONTACT US
Please feel free to direct any questions concerns or complaints to firstname.lastname@example.org or by writing to us at 247 Devonshire Street, Surry Hills NSW 2010.
Bit Part will contact you regarding your concerns and will cooperate with the appropriate regulatory authorities to resolve any complaints regarding your use of the Website, our Products, the Warranty provided hereunder or your personal information that cannot be resolved internally.