Last updated: August 2021
The Terms and Conditions on this page apply to all interactions, messages, use, transactions and purchases via this website: www.bondihempoil.com.au and any affiliated subdomains. By accessing, using, interacting or transacting with this site you agree to the terms here within, in full and without any limitation, this constitutes your ‘Agreement’ with The terms and Conditions of bondihempoil.com.au.
The Laws of Australia apply, and you agree to abide by the jurisdiction of all Australian legislation should any dispute arise. In these terms “we” or “our” refers to “bondihempoil.com.au” registered in Australia.
We refer to “You” and “Your” to mean anyone who visits, accesses, messages, uses or purchases from the website, as well as anyone who transacts with the online shop at bondihempoil.com.au in any form.
1. Place of Applicable Law
bondihempoil.com.au is registered in Australia. Materials on this site are intended for, and directed solely at, individuals residing in Australia. Any parties using, accessing or transacting with the website from other locales are responsible for their own compliance with any local laws, duties and taxes.
In using this website you submit to the exclusive jurisdiction of the Australian courts and Australian Law in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Australian Law shall govern this Agreement.
2. Right to alter Terms & Conditions
We reserve the right to alter these terms and conditions without notice from time to time and make updates to terms where necessary on occasion.
3. Prices, Discounts, Taxes and Additional Fees
Prices within the online shop at bondihempoil.com.au and listed anywhere on the site are the listed price for items at the time of order. All prices are in AUD (Australian Dollars). No other currency will be transacted with or listed on the site.
From time to time discounts or promo prices may apply to the listed prices for items on the bondihempoil.com.au website. Any discounts or promotions are only applicable to the item and price the discount is made against, and are not transferrable to any other item. Discounts are not refundable and not transferrable to cash, credit, gifts or any other payment method.
All goods ordered in Australia from bondihempoil.com.au include GST in the price. Overseas orders exclude all taxes including customs duties, withholding tax, VAT, sales or use tax, GST and any other taxes or tariffs which may apply in your country of order – customers are responsible for these taxes and any additional costs or fees associated.
4. Orders and Order Confirmation
All orders successfully placed on in-stock items and accepted via an Order Acknowledgement (which may be in the form of an electronic confirmation online or via email or SMS) will form an Order Contract, subject to these Terms and Conditions and fulfillable by bondihempoil.com.au. All orders can be made online, verbally or in writing and orders are fully confirmed when payment is fully and successfully received and an Order Acknowledgement is made. We reserve the right to reject any Order or cancel any Order Contract and refund the Confirmed Order in-full with notice.
No informal agreements, dealings, correspondence or other arrangements made without a contract either verbally or in writing will apply or have any effect on orders made. Any trade custom is superseded by these Terms and Conditions. No other Terms and Conditions quoted or supplied outside of these Terms and Conditions will apply or be valid in relation to the Order Contract successfully confirmed. We reserve the right to cancel, decline or refund any order at our discretion.
All payment will be made in full, in Australian Dollars and inclusive of GST. Partial or incomplete payment for an item is not accepted. Payment is due immediately on purchase and no payment can be accepted in arrears of the order placement. Payment must be validated by our payment software and fully received to confirm an Order and form an Order Contract. Payment can be made via adding an item to cart and clearing it in checkout through providing relevant payment details which may be via Card, GooglePay and any other payment method we opt to provide on bondihempoil.com.au. The Shipping cost is added to the final price of the Goods and must be paid in full unless specified
6. Cancellation of Orders
We don’t accept change of mind for any order, even if the item is not yet shipped. Placing an Order comes at risk to the customer and can’t be reversed except in special circumstances. In the case an item is damaged or defective the Goods must be returned without being opened or used for a full refund. Any shipping costs for returned items is at the customer’s cost. No refunds are made for opened, used or otherwise ‘accepted’ Goods.
7. Returns and Refunds
We do not allow for or permit change of mind refund or return requests. Once an order has been placed and order contract formed, no returns or refunds will be made unless for a warranty claim or damaged or defective items.
8. Issues with the Goods
After your Goods are received, ensure you check them entirely to confirm no defects or damage is present. Any damage or defects must be documented and shared as part of any replacement request. We will replace any defective or damaged item.
In the situation that any items are lost or damaged during transit, please contact us with your order confirmation or Invoice number.
No claim for defective or damaged Goods may be made unless such claim is notified to us within 7 days of delivery. No goods shall be returned for credit or adjustment without our prior written authorisation. Credit may be applied in the form of store credit at our discretion.
9. Unused Incorrect, Damaged or Defective Goods
If you receive incorrect, damaged or defective Goods, you must notify us within 7 days of your order being received. Items must not be used, opened or otherwise ‘accepted’ or will not be refunded or replaced.
All unused items can be returned to us within 30 days of delivery for a replacement. Please send us photos of any damage.
If a customer’s Goods are faulty or incorrect on receipt, we will replace them with the correct items at our cost for shipping.
10. Stock Outages
If payment is received and stock is depleted for an item at the time of purchase and the item can’t be made available in a reasonable time frame, the order will be refunded in full. We reserve the right to cancel, decline or refund any order at our discretion.
Items will be sent within 3 business days from metro NSW or metro VIC. Postage is charged by weight and sent via a method of our choice and a courier at our discretion, or via Australia Post. Shipping costs are calculated at the time of ordering and added into shipment prices. Any delays in shipping or loss of orders and resulting delays will not be refunded.
12. Return to sender (RTS) or delivery refused
We don’t charge extra fees for return to sender or delivery refused by any courier or Australia Post.
13. Title to Goods
Ownership (‘Title’) of any Goods purchased from bondihempoil.com.au is only transferred in full when an item is in stock and can be successfully fulfilled, payment is successfully made in full including shipping and an Order is successfully made with no incorrect or fake details provided. Any risks in the damage, theft or loss of goods passes to the customer after shipment is made or after the title of the Goods being transferred to you – whichever comes first.
Warranties and Our Liability
1. We Warrant:
That all Goods sold and provided are new, free from defects, of merchantable quality, fit for purpose and conform to any specifications provided on our Website, Labels or in the Order Acknowledgement;
Any Goods not flagged as damaged or defective within 7 days of receipt with photo evidence OR which are opened and used will be considered ‘accepted’ in full by the customer and not refundable or replaceable.
A person who is not a party to this Order has no right to enforce any term of this Contract.
The Sale of Goods (Vienna Convention) Act 1986 (New South Wales) (and any similar legislation relating to the Vienna Convention in other States or Territories) does not apply to this Contract.
Both parties are required to attempt to resolve any dispute or claim arising out of or under a Contract by a negotiation in good faith before either party litigates to dispute the claim or claim damages.
3. Returning Goods
If for any reason you return Goods (return of defective goods or warranty claim) you must inform us and we will arrange return delivery.
4. Your liability
It is the customer’s obligation to ensure the use of the Goods shall comply any local or national by laws, codes, regulations, laws, permits, licenses or licensing requirements, registrations and or other restrictions imposed on products of a similar nature to the Goods and to exercise all due care and skill in use of the Goods.
To the maximum extent permitted by law, you accept full liability for any harm or damage resulting from your use of the Goods.
Except as expressly provided to the contrary in the Contract, all representations, warranties, terms and conditions in relation to the Goods (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.
You agree that you have made your own enquiries in relation to the suitability of the Goods for your own purpose and do not rely on representations by us, now or in the future, in relation to their suitability for a particular purpose or at the location or site where they are to be used or any steps which may need to be taken in relation to their use.
5. Overseas Payments, Fraud and High Risk Customers
We reserve the right to refuse orders not originating from Australia or Australian credit card holders due to high fraud risk. We do not accept payments from overseas or from customers in high credit risk.
6. Force Majeure
In the case of major unforeseen events or circumstance impacting the ability for an Order Contract to be fulfilled, neither party is liable for failure to perform the Contract to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by the party claiming force majeure because of circumstances outside that parties’ reasonable control – for example in the case of natural disaster.
If a provision of a Contract would, but for this clause, be unenforceable, the provision must be read down to the extent necessary to avoid that result. If the provision cannot be read down to that extent, it must be severed without altering the validity and enforceability of the remainder of the Contract.
8. Website Content
To the extent permitted by Australian law, bondihempoil.com.au disclaims all warranties, express or implied, as to the accuracy of the information contained in any materials within this site.
We shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained within this site.
Links within this website will lead to sites which are not under the control of bondihempoil.com.au. When you navigate via one of these links and leave the bondihempoil.com.au website, we don’t accept any responsibility or liability for the material on any other site, and any loss or damage which may arise from the use of this material. bondihempoil.com.au has no authority or control over any other website.
We don’t always get it right. From time to time, factual correctness, typographical or other errors may arise on the information provided or listed on our website. We reserve the right to amend or correct any error on bondihempoil.com.au in a timely manner and without notice.
- Limitation of Liability
You agree that bondihempoil.com.au shall not be liable either in contract, tort, negligence, statutory duty or otherwise for any:
- Commercial damages or loss of profits, goodwill, revenue or any type of consequential, indirect or special loss or damage whatsoever arising from or in any way connected with this Agreement
- Damage or loss, including damage or loss which is reasonably foreseeable or occurs naturally in the course of things, resulting in any acts, omissions, failures or delays occurring to, on or in relation to websites not controlled by bondihempoil.com.au including, without limitation, loss or damage of business, loss of sales, non payment of monies due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss, even where bondihempoil.com.au has been advised of the possibility of such damage or loss.
- You agree that, except in relation to such liability as has been expressly excluded in clause (I) above, the maximum aggregate of liability of bondihempoil.com.au in contract, tort, negligence, statutory duty or otherwise, even where bondihempoil.com.au has been advised of the possibility of such damage or loss, for any damage or loss arising from or in any way connected with: any failure by bondihempoil.com.au to process data, information, orders or messages correctly or in a timely manner, or any misrouting or non-delivery of data, information, messages or orders from you to other persons or from other persons to you, any defect in a product.
- Any liability not excluded by this Agreement shall, in respect of any one or more events or series of events, connected or unconnected, taking place within any twelve month period be limited in the case of defects falling within the discounts, taxes or price of the relevant goods.
- This limit shall also apply in the event that any exclusion or other provision contained within this Agreement is held to be invalid for any reason and bondihempoil.com.au becomes liable for damage or loss that could otherwise have been limited.
- Nothing in this Agreement shall effect the statutory rights of any customer under Australian Consumer Law, exclude or restrict any liability for death or personal injury arising from negligence or fraud of bondihempoil.com.au.
Save to the extent that it falls within the provision of Delivery you shall indemnify bondihempoil.com.au and any third party, including its suppliers, partners or sub-contractors, from and against any liability, losses, rights expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement and expenses, including legal charges, arising from your use of the bondihempoil.com.au website or purchase of goods/services from that site which are brought or threatened against bondihempoil.com.au or suffered or incurred by bondihempoil.com.au by another person or entity.
All pictures, photographs, text, design and layout of the bondihempoil.com.au site remain the copyright of bondihempoil.com.au. Use, repurposing or republication of any content of the bondihempoil.com.au site is strictly prohibited without prior written consent of bondihempoil.com.au and its Directors.
12. Beyond Reasonable Control
bondihempoil.com.au shall not be held liable for any breach of this Agreement caused by circumstances beyond its control, but not limited to Force Majeure circumstances, Acts of God, fire, lightening or extremely severe weather conditions, explosions, war, disorder, floods, industrial disputes, whether or not involving our employees, acts or omissions of internet service providers or acts of local or Federal Government and any other Australian authority.
In the event that any term of this Agreement is held to be invalid or Unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.