Terms and Conditions

 

User Agreement

  •  You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are Big Aussie (ABN 4705 319 0068) and we are the owner of this website. We are a group with our registered address in Perth, WA 6107 (and we refer to ourselves as ” Big Aussie “, “we” or “us” or “our” in this document).
  • By visiting and/or using the BigAussie.com.au website, associated services and functionality (“the website”) you agree to be bound by this user agreement (“agreement”).
  • This Agreement is made between you and us.
  • We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound to the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
  • Your statutory rights: As a consumer, nothing in this Agreement affects your non-excludable statutory rights
  • If you do not agree to any provisions of this agreement, you must not use the website.

 

Legal capacity

  • If you are under the age of eighteen (18) years, you cannot place orders with Big Aussie. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.
  • By making an on-line purchase you accept these terms and conditions and acknowledge that you are entering into a legal contract with us.
  • Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE

  • Applicability of these terms and conditions: Used by you of the Service and the Website and any Purchase is each subject to the terms and conditions set out in this Agreement.
  • The Website and the Service and any Purchase are directed solely at those who access the Website from Australia. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of Australia. If you choose to access the Website (or use the Service or make a Purchase) from locations outside Australia, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
  • We reserve the right to prevent you using the website and the service (or any part of them) and to prevent you from making any purchase. The service and use of the website and the making of any purchase does not include the provision of a computer or other necessary equipment to access the website or the service or to make any purchase. To use the website or service or to make a purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
  • The website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
  • You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
  • You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

 

Supply of services to You / Termination

  • We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
  • We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.
  • We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.

 

REGISTRATION AND ACCOUNTS

  • You do not need to register to use much of the functionality of the Website or to access much of the service. However, we highly encourage our customers to create an account to make a Purchase from the Website. This is so that we can provide you with easy access to print your orders, view your past purchases and modify your preferences. We reserve the right to decline a new Registration or to cancel an existing Registration at any time.
  • To Register you need to supply us with your name, postcode, email address, payment details and possibly some other personal information. See our Privacy Policy for more details about this.
  • Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any authorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
  • All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
  • We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if an non-AU user pretends to be a user, or disrupts the Website or the Service in any way.
  • If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.

 

Pricing

  • All prices displayed on the Website are subject to change at any time without notice.
  • All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.
  • Product Specifications
  • Features and specifications of Products described or depicted on the Website are subject to change without notice.

 

Orders

  • You may place an order by following the instructions on the website.
  • Orders will be deemed to have been received by Big Aussie at the time Big Aussie sends an Order confirmation to your nominated e-mail address.
  •  Big Aussie is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
  •  Big Aussie may cancel Your order at any time prior to dispatch of the products. In the event of a cancelled order, funds paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
  •  Big Aussie do not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
  •  Big Aussie shall not be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond the reasonable control of Big Aussie, and Big Aussie shall be entitled to a reasonable extension of time for the performance of such obligations.

 

Payment

  • You may provide your nominated credit card during the purchase process described on the Website.
  • Payment for orders will be processed immediately upon confirmation of your order. If your nominated payment method triggers our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within up to 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

 

Delivery and ownership of the goods

  • We try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Big Aussie DOES NOT accept any liability for loss or damage suffered by anyone as a result of any such delays.
  • The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Big Aussie and is subject to change without notice. Where scheduled dispatch of a product is delayed by more than one week, customers will be notified by e-mail via the e-mail address nominated in their Order.
  •  Big Aussie will take no responsibilities for any missing products deliver to PO Box addresses.
  • Where a customer gives written authority for products to be delivered without a signature, any and all included insurance cover will be voided.
  • The couriers or postal services nominated by Big Aussie will deliver Products during local business hours (9am to 5pm, Monday to Friday).
  •  Big Aussie is NOT responsible for the delivery times of products. once products have been dispatched, it is the customers responsibility to liaise with the courier nominated Big Aussie (as notified to the Customer) in relation to date and time of delivery. Big Aussie shall not be liable for any inaccuracy of information provided to customers relating to the date and time of delivery.

 

Damaged goods

  •  Big Aussie will replace faulty or damaged products in accordance with these Terms and Conditions.
  • Where a good is a faulty or damaged good upon delivery, and the customer notifies us of the nature of the fault or damage within the first 7 days after delivery, then Big Aussie Australia will:
  • replace the faulty or damaged good with a replacement good; or
  • If Big Aussie is unable to provide a replacement product, We will refund the customer the purchase price including the delivery cost.
  • Where a replacement good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the delivery cost.
  • The 7 day period will commence on the date that the Customer accepts delivery of their Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
  • Where products are already faulty or damaged products upon delivery, We require photographic evidence of the damage to be submitted to Big Aussie Support via the e-mail before authorising return of the products.
  •  Big Aussie reserves sole discretion to determine whether the Products are faulty or damaged products in accordance with section Faulty or damaged goods.
  •  Big Aussie may seek reimbursement of any costs incurred when the product is found to be in “good working order”.

 

Liability

  • We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
  • Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

 

Intellectual Property

  • All Intellectual Property in any material on the website is the property of Big Aussie. Unless expressly authorised under these Terms and conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any material or any part of any material.

 

Privacy

  • By placing your order or otherwise contacting Big Aussie, you agree that We may store, process and use data collected from your order for the purposes of processing your order. By placing your order or otherwise contacting us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Big Aussie products or other products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy

 

Gift Vouchers

  • Gift Vouchers have a validity of 12 months from the date of purchase.
  • Gift Vouchers may be redeemed by submitting an email toadmin@bigaussie.com.au and providing the invoice number for the transaction. Gift vouchers will not be refunded.