Effective: May 2017
In these Terms and Conditions, “we” or “us” means EOS Bathware ABN: 37 611 087 864 and “you” means the person, organisation or entity that purchased the products or related services from us.
1.1. You may place an order with us by completing and submitting to us an online order form on our website. We may at our discretion accept or reject an order depending on a variety of factors, such as availability of the ordered products or our ability to validate payment for the products. You must not order products or services from us if you are less than eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
1.2. Please choose your products carefully. Prices can change and so you should check the latest price on our website. It is your responsibility to check the order (including all pricing, quantities and product information) before you complete the online checkout process.
1.3. We will advise you of your “order reference number” via a confirmation email once your checkout process is complete. However, if you are paying by credit card, debit card or PayPal we will not complete your order until your payment has passed our internal validation procedures. Once your payment has been validated, we will process your order and provide you with an order reference number. Please keep your order reference number for future reference.
1.4. Once we have given you an order reference number, a binding agreement will come into existence between you and us and only these Conditions of Service will apply in relation to the supply of the ordered products. Subject to clause 2, no changes to these Conditions of Service will be effective unless we both agree to the changes in writing. If you wish to cancel your order we ask that you advise us at least one (1) business day before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.
2.1. We do our best to keep in stock most products that are advertised by us. All stock availability as represented on our website or by our sales team is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice.
2.2. If, for any reason, we cannot supply a product you have ordered, we will let you know over the phone or contact you using the details provided by you at the checkout process to amend, cancel or put your order on backorder as agreed with you. If you choose to put your order on backorder, we will contact you to arrange for your collection or delivery once the product is available.
- Price and Payment
3.1. The price payable for a product is the one set out on our website at the time you place your order. All prices are inclusive of GST. We make every effort to ensure prices and product information on our website is correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.
3.2. We accept payment by VISA, MasterCard credit cards, or PayPal.
3.3. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use PayPal’s Pay flow secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
3.4. If you have a promotional/discount/coupon code, you will be prompted to enter the code at the checkout and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. Promotional codes cannot be used in conjunction with any other offer or discount. If you are unable to use a promotional code, please contact our sales team.
3.5. Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
4.1. We deliver to all areas Melbourne and its surrounding areas. Please refer to our Delivery Service page for full disclosure of delivery charges and delivery options.
4.2. If you need to change your delivery address, please email email@example.com at least 24 hours prior to the scheduled delivery date. If you are not available to take delivery on the agreed delivery date, you will be charged a delivery fee for each additional delivery attempt.
4.3. If you would like next business day delivery of the product (Express delivery), you will need to place your order by 12noon (AEST time) on the previous business day and the product must be in stock.
4.4. We will deliver to the delivery address specified by you when you place your order on the agreed delivery date.
4.5. We may deliver the products via a range of delivery methods. All deliveries must be signed for, depending upon which delivery method we use:
4.5.1. Delivery by one of our drivers – our driver will need to see a photo ID of the person who placed the order or that person’s representative and will keep a record of that ID. If neither you nor your authorised representative is at the delivery address to take delivery, our driver will leave a notice in your letterbox or under your front door advising you of our contact details so that you can contact us to organise another delivery day;
4.5.2. Delivery by our contracted courier company – if neither you nor your authorised representative is at the delivery address to take delivery, the courier company or the manufacturer will leave a card with our contact details so that you can contact us to arrange another delivery time and date.
4.5.3. Delivery by Australia Post – if neither you nor your authorised representative is at the delivery address to take delivery, an “Article Awaiting” card will be left at the delivery address and your order will be taken to the Australia Post Office suitable to store the product until you are able to go and pick it up. In these circumstances our obligation to deliver the product to you is satisfied when the “Article Awaiting” card is left at the delivery address.
4.6. Our Sales team will call you prior to your scheduled delivery day as a reminder. This call is made as a courtesy and if for any reason this call is not made all terms of delivery will still be binding. You or your nominated contact is required to accept and sign for the goods. If you need to change your delivery date please contact our Sales team via email through firstname.lastname@example.org 24 hours prior your original scheduled delivery date.
- Title and Risk
5.1. Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
5.2. You acknowledge and agree that clause 8.1 creates a purchase money security interest in the products which we are entitled to register as such under the Personal Properties Securities Act 2009 (Cth) (“PPSA”). To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
- Warranties and Limitation of Liabilities
6.1. Statutory Guarantees:
6.1.1. All goods sold to the Customer come with guarantees that cannot be excluded under the Australian Consumer Law so that such guarantees (the “Statutory Guarantees”) are given by EOS Bathware in respect of which:
(a) the Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage; and
(b) the Customer is entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
6.1.2. If the Customer believes the goods do not comply with the Statutory Guarantees, the Customer must contact EOS Bathware whereupon:
(a) the parties may make arrangements for the return of the goods;
(b) any returned goods must be accompanied by proof of purchase;
(c) if EOS Bathware agrees that the goods do not comply with the Statutory Guarantees:
(d) EOS Bathware will refund the costs of returning the goods to EOS Bathware; and
(e) in all other respects, EOS Bathware will act in accordance with its obligations under the Australian Consumer Law.
6.1.3. No other guarantees or warranties apply to the goods sold to the Customer unless a further and additional warranty, in writing, is provided by EOS Bathware to the Customer
6.2. Implied Warranties:
6.2.1. These Terms and Conditions do not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute or clause any part of this clause to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
6.2.2. EOS Bathware’s liability for breach of a non-excludable condition or warranty is limited at EOS Bathware’s option, to any one of the following:
18.104.22.168. the replacement of the goods or the supply of equivalent goods;
22.214.171.124. the repair of the goods;
126.96.36.199. the payment of the cost of providing replacement goods or of acquiring equivalent goods; or
188.8.131.52. the payment of the cost of having the goods repairs.
6.2.3. EOS Bathware will not be liable for any direct loss or damages whatsoever, including consequential loss, loss of profits, loss of opportunity and/or loss of use.
6.3. Additional Warranties:
6.3.1. EOS Bathware offers the following additional warranties:
184.108.40.206. All EOS Bathware tapware, bathroom fittings and sanitary ware are covered by various periods of warranty from date of purchase. These warranties can be found on the webpage of that individual item. If the item has been discontinued and is no longer available on the website please refer to the Warranties sheet provided to you at point of purchase or contact our Sales team at email@example.com.
220.127.116.11. due to manufacture’s conditions, the warranty on flexible hoses, cistern mechanisms and soft close toilet seats is only 12 months from date of purchase;
18.104.22.168. EOS Bathware will undertake to repair or replace free of charge any faulty product due to defect in materials or workmanship (within the warranty period).
22.214.171.124. EOS Bathware (or their nominated agency) reserve the right to assess, repair, replace or service any warranty claims as they see fit.
126.96.36.199. These additional warranties exclude any defect or injury caused by or resulting from misuse, abuse or neglect, accidental damage, improper installation, installation by an unlicesenced tradesperson in the field of question, or other alterations or modifications which affect the reliability or performance of the unit not attributed to faulty manufacture.
188.8.131.52. EOS Bathware is not responsible for indirect or consequential loss or damage suffered in connection with any manufacturing faults in a product.
184.108.40.206. As per AS/NZS 3500, the maximum static water pressure must not exceed 500kpa. Where pressure exceeds 500kpa, pressure-limiting valves should be installed. Warranty claims may not be honoured where excessive water pressure is evident.
220.127.116.11. Warranty claims will not be honoured where the ceramic cartridge has malfunctioned due to the presence in the water of copper tube pieces, sand, dirt or stones, thread tape, and/or other objects not normally present in potable water supplies.
6.4.1. In respect of any warranty application to the goods sold to the Customer, no claim by the Customer, whether for alleged damaged or defective goods, shortage or for any other cause whatsoever, will be recognised by EOS Bathware (and all such claims will be deemed absolutely waived by the Customer) unless notified in writing to and received by EOS Bathware within thirty (30) days after the date of delivery or collection as the case may be.
6.4.2. In the event that problems are encountered with installing EOS Bathware’s products, and the Customer does not contact EOS Bathware for assistance or clarification at the time of encountering such problems, EOS Bathware will not be liable for any additional, ancillary or consequential loss, expenses or charges associated with installation.
- Returns and Refunds
7.1. In addition to your rights under clause 6, we will gladly accept return of products and issue refunds, subject to the following (a) Goods must be in the same condition as delivered, with no damage or markings on both the product and packaging. (b) If an exchange is not made at the time of return, you will incur a restocking fee of 15% of the purchase price to cover our return costs; or
7.2. Subject to clause 6, we will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special buy product. If your product is eligible for return pursuant to clause 6, please contact our Sales Team to arrange for return.
7.3. Product returns are not accepted for floor stock or special items, except when EOS Bathware is at fault.
7.4. You must adequately package any product you are returning for our collection to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned. We will arrange for any products you want returned to be collected, alternatively, they can be returned to the showroom/warehouse where the items were originally purchased.
7.5. If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse, inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product, except for cash payment, which will be refunded by cheque.
7.6. For further details or of our Returns and Refunds policy please refer to our Returns and Refunds page which will outline all specific details
- Force Majeure
8.1. We will not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
9.1. We may change any provision in these Terms and Conditions without notice so we advise that, even if you are a frequent purchaser from us, you check these Terms and Conditions whenever you want to purchase products from us. Any change of these Terms and Conditions will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
9.2. We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.
9.3. You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
9.4. Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
9.5. If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision.
9.6. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.