Terms & Conditions
1.) APPLICABLE TERMS.
1.1 The contractual relationship between us, Best Direct International Pty Limited (ABN 19 145 870 337), and you, the Customer, shall be subject to these terms and conditions. 1.2 Any amendment to these terms and conditions or additional documentation relating to the contract shall only apply if approved in writing by us. 1.3 We may vary these terms and conditions from time to time at our discretion.
2.) FORMATION OF CONTRACT.
2.1 The goods offered by us (“the Goods”) may be ordered by you, by the Internet, by telephone, or in writing. 2.2 A contract will be formed on acceptance by us of your order. 2.3 Acceptance of your order will only take place on notification by us. Submission of an order by you represents an offer to purchase and we may for any reason decline to accept the order including non-availability of the Goods. 2.4 If you choose to provide us with your email address you will receive confirmation of your order by email. Otherwise orders placed using our website will be confirmed on screen, orders placed by telephone will be confirmed verbally at the time of order and written orders will be accepted by delivery of the Goods.
3.) MONEY BACK GUARANTEE.
3.1 We may advertise a 30 day money back guarantee on our website or on our television advertising or other media. If you return goods under the 30 day money back guarantee, you must do so within 30 days of the date of the invoice.
Please refer to our Returns Policy for further information.
Returns received after our 30 Day Money-back guarantee will not be processed unless the item is faulty. Your statutory rights are not affected.
4.1 If the Goods are defective within a period of 6 months from delivery we shall at our option repair or resupply the Goods free from defect. 4.2 You will notify us of any defect as soon as possible after delivery. 4.3 You will return the defective goods to us and the cost of return of the Goods will be re-accredited to you by us at the time of repair or resupply. 4.4 No third party warranty including but not limited to a warranty given by a manufacturer of the Goods shall be binding on us. Any rights arising out of such warranty shall be applied directly to such third party.
5.) PRICE AND PAYMENT.
5.1 The price of the Goods shall be the price at the date of acceptance by us of your order. 5.2 Delivery charges shall be notified to you and shall be added to the price of the Goods. 5.3 Payment shall be made by you by credit card or debit card. 5.4 Delivery shall only be made by us against cleared funds. 5.5 Prices are in Australian dollars and include Goods & Services Tax (GST). 5.6 We may advertise payment plans where you pay the purchase price of the goods you have ordered by instalment plan. If you pay by credit card you agree that we may debit your card for each instalment until payment in full. 5.7 If we attempt to debit your card and you have insufficient funds to pay the instalment, we may at our discretion ask you to do one or more of the following things: pay the missed instalment; pay the balance owing on your account immediately; pay any charges or fees charged to us for the failed attempt to debit the instalment amount. 5.8 We may report you to a credit reporting agency if you default in payment of the goods. 5.9 We may charge you interest calculated daily at the rate of 9.5% per annum on the balance outstanding on your account from the date payment was due until payment in full if you default in payment of your account. 5.10 If you default in any payments due to us you agree to pay us on demand all reasonable costs, expenses and liabilities incurred by us in connection with or in the actual or attempted exercise or enforcement of this sale agreement.
6.1 We shall use our reasonable best endeavors to deliver the Goods to you within 14 days of acceptance of your order at the address given to us by you. 6.2 Ownership of the Goods shall pass to you on receipt of payment in full for the Goods and we shall not be liable for any loss or damage to the Goods following payment.
7.1 Our liability to you for the Goods shall be limited to the purchase price of the Goods. 7.2 We shall not be liable for any loss of use, loss of revenue or loss of profit by you.
8.) EVENTS BEYOND THE CONTROL OF BEST DIRECT.
We shall have no liability to you for any failure to deliver or for any delay in doing so or for any damage or defect to the Goods which is caused by any act or circumstance beyond our reasonable control including without limitation strikes and other industrial disputes breakdown of systems or network access, flood, fire, explosion or accident.
9.) DATA PROTECTION.
We may unless otherwise notified by you use your personal data to advise you of other offers by us and subject to your prior consent, either verbally in case of telephone orders or otherwise in writing, may disclose your personal data to third parties for marketing purposes.
Our rights and obligations and yours shall not be assigned without our prior consent in writing.
11.) THIRD PARTY RIGHTS.
A person who is not a party to the contract between ourselves and you shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
12.) PARTIAL INVALIDITY.
If any of these terms and conditions shall or any part thereof are unenforceable the enforce-ability of all other terms and conditions shall not be affected.
No failure by us to exercise any right or remedy under these terms and conditions shall operate as a waiver of that right or remedy and no waiver by us of any breach of these terms and conditions shall operate as a waiver of any subsequent breach.
All notices to us shall be in writing and sent to email address: firstname.lastname@example.org
15.) LAW AND JURISDICTION.
This contract is governed by the laws of the State of New South Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
16.) SPECIAL OFFERS AND VOUCHER CODES.
Offers end on the designated date and will not be honoured thereafter. You cannot claim offers in conjunction with any other voucher code offers you are claiming for unless stated. During a specified Web Sale, the corresponding voucher code can ONLY be used for purchases online and not via the telephone order line.
I accept and agree to be bound by the terms and conditions and consent to the Promoter using my email address and other contact details to contact me about the outcome of this promotion and about the Promoter’s other offers, goods, services and promotions.