ONLINE TERMS AND CONDITIONS OF SALES
Updated April 19th 2022
In these terms:
Agreement means any agreement for the provision of goods or services by Bollé Safety to You;
Bollé Safety means Bollé Safety AU Pty Ltd (ABN 77 005 741 300)
Consumer is as defined in the ACL and in determining if You are a consumer, the determination is made if You are a consumer under the Agreement;
Force Majeure Event means an event beyond the reasonable control of a party, including but not limited to accident, act of God, act or threat of terrorism or war, breakdown, epidemic or pandemic, transport restrictions, government restriction, industrial dispute or strike;
goods means goods supplied by Bollé Safety to You;
GST means the goods and services tax as defined in (as applicable) A New Tax System (Goods and Services Tax) Act 1999,
Privacy Law means the Privacy Act 1988 (Cth)
Services means services supplied by Bollé Safety to You;
Site means the Bollé Safety website located at: https://bolle-safety.com/au/;
Terms means these Terms and Conditions of Sale; and
You means the person, jointly and severally if more than one, acquiring goods or services from Bollé Safety, and Your and Yourself have a corresponding meaning.
2. Basis of Agreement
2.1 These Terms apply exclusively to every Agreement and cannot be varied or replaced by any other terms.
2.2 Any quotation, displayed price, order list or order confirmation provided by Bollé Safety to You for the proposed supply of goods or services is an invitation to treat only, and is subject to You placing an order which is Your offer to enter into an Agreement with Bollé Safety on these Terms (Order).
2.3 An Agreement is formed when Bollé Safety confirms its acceptance of Your Order and its receipt of Your payment.
2.4 Bollé Safety may, in its discretion, refuse to accept any Order.
2.5 Bollé Safety may amend or vary these Terms at any time by posting the amended or varied Terms to the Site. The Terms (as amended or varied) will apply to Orders made by You from that date.
3.1 Prices displayed on the Site for the supply of goods and services include GST and any other taxes or duties imposed on or in relation to the goods and services.
4.1 Payment for the goods and services must be made strictly by credit card or debit card immediately upon confirmation of Your Order.
4.2 Goods will not be dispatched, and services will not be provided, until full payment has been confirmed.
4.3 Goods and services displayed on the Site are subject to availability, and if goods or services are not available then Bollé Safety will notify You within 5 business days and:
(a) You may request provision of similar substitute goods or services; or
(b) You may cancel the Agreement; and
(c) Bollé Safety will make any necessary adjustment to, or refund of, amounts paid by You.
5. Risk and Insurance
5.1 The risk in the goods and all insurance responsibility for theft, damage or otherwise will pass to You immediately on the goods being dispatched from Bollé Safety’s premises.
5.2 You assume all risk and liability for loss, damage or injury to persons or to property of You, or third parties arising out of the use, or possession of any of the goods sold by Bollé Safety, unless recoverable from Bollé Safety on the failure of any statutory guarantee under the ACL.
6.1 Bollé Safety will arrange for the delivery of the goods to You to Your nominated address in (as appropriate) Australia. Any applicable shipping restrictions will be set out on the Site.
6.2 You will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the goods to the point of delivery.
6.3 Bollé Safety will designate the method of delivery of the goods, and if You require a more costly method of delivery then You must pay Bollé Safety an amount equal to any extra cost involved.
6.4 Any period or date for delivery of goods or provision of services stated by Bollé Safety is an estimate only and not a contractual commitment.
6.5 Bollé Safety will use its reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
6.6 If Bollé Safety cannot complete the services by any estimated date it will complete the services within a reasonable time.
6.7 Orders may be fulfilled in any number of packages or delivery shipments.
6.8 A postage receipt, courier docket or driver’s manifest directing delivery to the address nominated by You will be proof of delivery of the goods.
6.9 You may be required to provide photo identification at the time of delivery of the goods.
6.10 You indemnify Bollé Safety against any loss or damage suffered by Bollé Safety, its sub-contractors or employees as a result of delivery, except where You are a consumer and Bollé Safety has not used due care and skill.
6.11 You must advise Bollé Safety within 72 hours of delivery:
(a) of the non-arrival of any or all of the goods;
(b) if there is damage to any of the goods;
(c) if the wrong goods have been received; or
(d) if the quantity of goods received is incorrect.
7.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods or services, the Agreement does not include by implication any other term, condition or warranty in respect of the quality, acceptability, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
7.2 If You are a consumer, nothing in these Terms restricts, limits or modifies Your rights or remedies against Bollé Safety for failure of a statutory protections provided under the ACL.
7.3 If You are in Australia and You on-supply the goods to a person who is a consumer:
(a) if the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of Bollé Safety’s liability to You;
(b) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of Bollé Safety’s liability to You, howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
7.4 If clauses 7.2 or 7.3 do not apply, then other than as stated in the Terms or any written warranty statement Bollé Safety is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the goods or services by You or any third party.
7.5 Bollé Safety is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party except to the extent of any liability imposed under the ACL
7.6 Nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any legislation applicable to the sale of goods or supply of services that cannot be excluded, restricted or modified.
8.1 You acknowledge that:
(a) You have not relied on any service involving skill and judgement, or on any advice, recommendation, information or assistance provided by Bollé Safety in relation to the goods or services or their use or application;
(b) You have not made known, either expressly or by implication, to Bollé Safety any purpose for which You require the goods or services, and You have the sole responsibility of satisfying Yourself that the goods or services are suitable for Your use or any contemplated use by You, whether or not such use is known by Bollé Safety.
9.1 If, for reasons beyond its control, Bollé Safety is unable to deliver or provide the goods or services, then it may cancel Your order (even if it has been accepted) by written notice to You.
9.2 No purported cancellation or suspension of an order or any part of it by You is binding on Bollé Safety once the order has been accepted and payment confirmed.
10.1 Subject to clause 10.3, unless a fault is established in the goods Bollé Safety is under no obligation to accept return of any goods once ordered, and Bollé Safety will not under any circumstances accept goods for return that:
(a) have been altered in any way;
(b) have been used; or
(c) are not in original condition and packaging.
10.2 Subject to clause 10.3, all products returned to Bollé Safety are at Your own cost and risk.
10.3 If You are a consumer, nothing in this clause 10 limits any remedy available in Australia, for a failure of the guarantees in sections 56 and 57 of the ACL.
11. Force Majeure
11.1 Subject to clause 11.4, no party to an Agreement is liable in any way howsoever arising under the Agreement to the extent it is prevented from acting by a Force Majeure Event.
11.2 If a party is prevented from acting by a Force Majeure Event, that party must:
(a) promptly notify the other party of the existence and expected duration of the Force Majeure Event;
(b) take all reasonable steps to alleviate or remedy the effect of the Force Majeure Event; and
(c) subject to clause 11.3, resume performance of the obligation prevented by the Force Majeure Event as soon as practicable after the Force Majeure Event ceases.
11.3 If a Force Majeure Event prevents performance of an obligation beyond 30 days, either party may suspend or terminate the Agreement by written notice.
11.4 Nothing in this clause 11 operates to excuse You from any obligation to pay money.
12.1 The law of (as applicable) the State of Victoria, Australia governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia, , and of courts entitled to hear appeals from those Courts.
12.2 A party’s failure to enforce any of these Terms shall not be construed as a waiver of any of that party’s rights.
12.3 If any Term is unenforceable it shall be read down to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
12.4 A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email or facsimile are deemed received on confirmation of successful transmission.