Welcome to the website (the “Site”) for Brabantia.com.au (“Us”, “We” or the “Company”). This site is commissioned and facilitated by Sheldon and Hammond Pty. Ltd (ABN 90 076 567 989). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE PRIOR TO USING THIS SITE. These Terms and Conditions of Use (the “Terms of Use”) constitute the entire agreement between us and you, and supersedes all prior agreements, terms, conditions and understandings, both written and oral with respect to the Site (including its content and products sold through the Site). These Terms of Use may be updated by us at any time without notice. You should review these Terms of Use from time to time for any changes. By accessing this Site you agree to and accept these Terms of Use. Do not continue to use this Site if you do not accept all of the terms and conditions stated on this page.
LICENSE
Unless otherwise stated, the Company and/or its licensors own all of the intellectual property rights to the content, graphics, designs, images, icons, photography, video and all other material that appears on the Site (the “Content”). All of the Content contained on the Site is protected under applicable copyright, trade dress and trademark laws and other proprietary and intellectual property rights laws. All intellectual property rights are reserved. You may view, download and/or print Content from the Site for your own personal use subject to restrictions set in these Terms of Use and not for any other purpose including commercial use. No right, title or interest in any downloaded, viewed or printed material is transferred to you as a result of any such use. You do not acquire ownership rights to any Content accessed through the Site and the posting of such Content on the Site does not constitute a waiver of any right in such information and materials.
PRIVACY POLICY
Our Privacy Policy, as changed or amended from time to time, is incorporated and made a part of these Terms of Use.
USER GENERATED CONTENT
Certain parts of this Site offer the opportunity for users to post and exchange comments, messages, opinions, information, images, data and other material (“User Generated Content”). By posting any User Generated Content, you grant the Company a non-exclusive, royalty- free, perpetual, transferable, irrevocable, fully paid and sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world. In connection with the granting of such rights, you represent and warrant that you have all of the necessary rights to the User Generated Content and such User Generated Content is accurate and not misleading.
The Company may not screen, edit, publish or review User Generated Content prior to its appearance on the Site; provided, however, that the Company reserves the right to use the User Generated Content as it deems appropriate, and may delete, modify, edit, reject, or refuse to post any User Generated Content. The User Generated Content does not reflect the views or opinions of the Company, its agents or affiliates. To the extent permitted by applicable laws the Company shall not be responsible or liable for the User Generated Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Generated Content on this Site.
Any suggestions, comments, ideas, feedback, concepts, product reviews and other information you submit to us or post on the Site (collectively, “User Comments”) shall be our sole property and shall be treated as non-confidential and non-proprietary. We shall have no obligation to compensate you for any User Comments and shall own all known and hereafter existing rights of every kind and nature regarding the User Comments.
PURCHASES AND PAYMENTS
If you purchase any good(s) from the Site “Products” you are representing and warranting that any and all payment information you provide (including any credit card information) is true, correct and complete and that all charges incurred by you will be honoured by you and/or your bank or credit card company. You agree to pay all charges for the Products including all applicable taxes and shipping fees.
We reserve the right to cancel or refuse any order placed with us through the Site. In the event we cancel or refuse an order, we will contact you via the e-mail/phone number/billing address provided at the time the order was placed. If payment has already been processed, we will promptly refund your purchase.
DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the services that makes the site available are free of viruses or anything else harmful. We do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. We reserve the right to correct any errors, inaccuracies or omissions and to change and/or update information at any time without prior notice (including after you have submitted your order). We apologise for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall we or any of our affiliated entities or suppliers be liable for any lost profits, loss of business or other indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if we have been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against us for dissatisfaction with the site or any content is to stop using the site. If we are found to be liable to you for any damage or loss which is in any way connected with your use of the site, products purchased through the site or any content, our liability shall not exceed the amount actually paid for the purchase of products from this site. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you.
You agree that any cause of action that you may desire to bring arising out of or related to these terms of use, the products and/or the site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its independent contractors, service providers and consultants, and their respective officers, managing members, members, shareholders, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
MISCELLANEOUS
Unless otherwise specified and except to the extent our products are offered for sale in the territory of Australia only, this site is solely for the purpose of promoting our Products in Australia and New Zealand and select foreign markets. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use. You may not use the Site or export the Content in violation of Australia and New Zealand export laws and regulations. If you access the Site from a location outside Australia or New Zealand, you are responsible for compliance with all local laws.
If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intent of the applicable provision, and the remainder of these Terms of Use shall remain in full force and effect.
Any failure to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
We may provide notice to you relating to the Site and/or these Terms of Use by sending an e-mail to your last known email address, and any such notice shall be deemed given and received on the day it is sent.
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Australia, without regard to any conflict of law provisions. Any dispute arising under these Terms of Use shall be resolved exclusively by the federal court of Australia.