Terms and Conditions

Thank you for accessing (Website), an Australian online service owned and operated by Baha Australia Pty Ltd (ABN: 68616568480 / Baha Australia Pty Ltd / we / us). Baha Australia Pty Ltd operates this Website for the purpose of promoting and selling certain products and services. These Terms & Conditions govern your relationship with Baha Australia Pty Ltd and all orders that you may make for products that are promoted on the Website (Products). Please read these Terms & Conditions carefully as they affect your rights and liabilities under the law. By registering with the Website and/or placing an order for the purchase of a Product (Order), you signify your acceptance of these Terms & Conditions. From time to time Baha Australia Pty Ltd may modify the Terms & Conditions so please continue to review them whenever accessing or using this Website and particularly prior to placing an Order. If at any time you do not wish to accept these Terms & Conditions then you may not use this Website and you should not place any Orders with us. These Terms & Conditions are to be interpreted in accordance with the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland.

  1. Registration and Placing Orders

1.1 It is not required to create a Customer Account with us in order to purchase our products. Products can be purchased using a ‘Guest Account’, however you can if you wish create a Customer Account so that we can keep you updated with specials and Customer only offers.

1.2 Whilst Baha Australia Pty Ltd takes steps to accurately describe the availability of Products within a specific delivery window, stock availability and/or delivery capacity does vary. In the event that an Ordered Product is not available or we are unable to fulfil your Order we may attempt to arrange an alternative Product, an alternate delivery window or will provide a full refund.

1.3 We sell only to private consumers and our Products are not for re-sale and may not be used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. You warrant that you shall not re-sell any of the Products or use Products for advertising, promotion or other commercial purposes.

  1. Payment

2.1 You must ensure that Baha Australia Pty Ltd is provided with details of a valid Visa card, Mastercard, American Express card or PayPal account.

2.2 All prices shown on are in Australian Dollars (AUD) and include Goods and Services Tax (GST).

2.3 Baha Australia Pty Ltd uses a third-party payment processor (Payment Processor) to link your credit card account to the Website and your purchase of Products. The processing of payments or credits, as applicable, in connection with your use of the Website and your purchase of Products will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms & Conditions. We are not responsible for any errors by the Payment Processor. In connection with your use of the Website and your purchase of Products, Baha Australia Pty Ltd will obtain certain transaction details, which we will use solely in accordance with our Privacy Policy.

  1. Delivery of Products

4.1 We use multiple courier services to deliver products dependent on your location. When your order has been dispatched you will receive an email notification, to the email address you have provided, containing the courier company and consignment note number.

4.2 A courier will make delivery to your address as recorded when you set up an account, update your account, or enter details during checkout. We only deliver to certain Delivery Areas and we will tell you when you advise us of your delivery address whether we can deliver to that address. There are two types of delivery option available:

a) Signature Required on Delivery – if you choose this option you must ensure that someone will be home to accept your order. If there is no one at the delivery address a card will be left for you to contact the courier company and make new arrangements. Please note that there may be an additional charge for re-delivery.

b) Leave if Unattended – In the event that your delivery is stolen where it is left at your delivery address or damaged while there, we do not accept liability, and will offer compensation at our complete and sole discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal.

4.2 Baha Australia Pty Ltd delivers to select postcodes, and may from time-to-time offer deliver to additional areas. Enquire at [email protected] if you have questions regarding delivery to your address.

4.3 If the courier is unable to deliver to you, or have to deliver late, for reasons beyond their control (for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure) we accept no liability for any inconvenience or loss that this causes.

4.5 You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by emailing us on [email protected] We will replace or refund you for defective Products. Otherwise our liability in respect of incorrect delivery is limited as provided in section 8 of these Terms & Conditions.

4.4 We will refund you if we have sent you Incorrect Products (being Products that you have not Ordered and substitutes for those Products where such substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms & Conditions. Otherwise our liability in respect of incorrect delivery is limited to the purchase price of the incorrect products.

  1. Installation of Products

5.1 Installation may be arranged with third party installation providers which deliver/install during normal working hours on weekdays. Weekend installations are by mutual agreement.

5.2 The third party installation providers do not remove old products on the site before or after installation.

5.2 We provide no guarantees to make good any defects in the installation work

5.3 You must ensure that the product and the installation services are suitable for your purpose and your site. We are not liable if they are unsuitable.

5.4 Any information you provide will be relied on by us and the third party installer. You will be liable for any additional costs incurred if your representations are incorrect.

5.5 You must confirm that your site is not subject to heritage requirements and that you have any necessary permits for the installation works which we will be doing.

5.6 You must ensure that the site is accessible and safe for our third party installer to install the product.

5.7 You must give us all relevant information about the site beforehand. You must provide our installer with access to amenities, electricity, water, light and gas as required.

5.8 You confirm that you are the home owner or that you have authority from the home owner for the works to be conducted. You must be at home during the installation.

5.9 If you have a complaint after installation, you must allow us or a third party installer access to your site to inspect.

5.10 If you fail to perform your obligations or if anything you agree to under this contract is not correct or breached, then you must indemnify Bunnings for all costs, expenses and liabilities which we incur as a result.

  1. Cancellations, Amendments, Refunds

6.1 We do not give refunds if you change your mind regarding an Order and will not be to entitled to any credit or full or partial refund on the purchase price for the relevant Products Ordered, except as required by law.

6.2 If, after an Order has been submitted and accepted by us, you want to cancel or amend an order, we will use reasonable endeavours to cancel or amend that Order in accordance with your instructions, provided that the Order has not yet commenced being processed. However, you do not have a general right to cancel or amend any Order once it has been accepted by us.

6.3 We reserve the right to cancel your Order if:

(a) we are refused authority from your card issuer for payment or we reasonably believe

(b) we cannot otherwise process payment on the credit card details you have provided;

  1. Title & Risk

Title to and risk of Products are passed to you upon delivery of the Products to the delivery address you have nominated when completing an Order, and delivery will be deemed to have occurred when the relevant Products are left at that address or you have otherwise taken possession of the order.

  1. Limitations on Liability

8.1 Without limiting any other provision of these Terms & Conditions, Baha Australia Pty Ltd is not liable or responsible for any loss suffered that arises from Products that are the subject of an Order that has been accepted by us not being received by or delivered to you as a result of:

(a) inaccurate or incomplete credit card, delivery address, email address and other information having been provided by you to Baha Australia Pty Ltd

(b) any email correspondence we send being blocked by a firewall or filter installed on your computer

(c) our delivery couriers being unable to access or drop off the order at your nominated delivery address

8.2 If there is a major failure by on our part to comply with the consumer guarantees under the Australian State and Federal consumer laws; and Australian State and Federal consumer laws, our the liability for any relevant claim will (at our sole and complete discretion and to the maximum extent permitted by law) be limited to:

(i) in the case of goods: (A) repairing or replacing those goods; or (B) paying the cost of having those goods repaired or replaced; and

(ii) in the case of services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.

8.3 To the maximum extent permitted by law, Baha Australia Pty Ltd, our officers, related entities, employees, agents, contractors, and other third parties associated with running the Website, disclaim all liability and responsibility for any loss or damage that you or a third party may suffer arising from Products you purchase on this Website.

  1. Indemnity

You will at all times indemnify, and keep indemnified, Baha Australia Pty Ltd, our officers, related entities, employees, agents, contractors, and other third parties associated with running the Website from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Baha Australia Pty Ltd arising from any claim, demand, suit, action or proceeding by any person against you or Baha Australia Pty Ltd where such loss or liability arose out of, in connection with or in respect of your act or omissions (including without limitation your breach these Terms & Conditions).

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