Terms and Conditions

PRE-ORDER/COMING SOON T&CS:

 

For Pre-Order/Coming Soon enquiries, we will keep you posted of your order status via email and advise timelines of when your bins will be available for dispatch.
Remember this is a “pre-order” so a wait is to be expected.

TERMS & CONDITIONS:

 

Blakes Of Sydney PTY Ltd (“BOS” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.blakesofsydney.com. We recommend you should keep a copy of the TOS for future reference.
Blakes Of Sydney Pty Ltd is a company registered in Australia under ABN 54 618 279 137. Our registered address is 326 Bronte Rd, Waverley, NSW, 2024, Australia.

 

In particular, we wish to draw your attention to our policies relating to the Terms of Purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about BOS Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 years however.

 

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

ELIGIBILITY TO PURCHASE:

 

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

 

The Site is available only to individuals and others who meet the BOS Terms of Eligibility, who have been issued a valid credit/debit card by a bank acceptable to BOS, whose applications are acceptable to BOS and who have authorised BOS to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.

 

BOS reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

 

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where BOS feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit/debit card authorization and to authorise individual purchase transactions.

 

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our Privacy Policy for further information about how we use your data.

PRICING POLICY:

 

Prices shown on the Site are inclusive of all applicable sales tax in the currency displayed, at the applicable rate unless you have selected an alternative country where GST is not chargeable.
All prices and offers remain valid as advertised from time to time. Price of a product displayed on the Site at the time the order is accepted will be honoured.

 

If you are a customer whose credit card is not denominated in the currency you are purchasing, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

SALE PRICE ADJUSTMENT POLICY:

 

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price.

Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

ACCEPTANCE OF YOUR ORDER:

 

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This is NOT an acceptance of your order, just a confirmation that we have received it.

 

Unless you cancel your order, acceptance of your order and completion of the contract between you and BOS will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language of the contract is English.

 

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

 

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT:

 

We take reasonable care to make our Site secure. All credit card transactions on this site are processed using Stripe , a secure online payment gateway that encrypts your card details in a secure host environment.

 

Payment can be made by Visa, Visa Debit, MasterCard, PayPal, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account at the time of purchase. You confirm that the credit card that is being used is yours or that you have been specifically authorised by the owner of the credit card to use it. All credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to BOS, we will not be liable for any delay or non-delivery.

 

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

PROMOTIONAL CODES:

 

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE & DELIVERY:

 

BOS insures each purchase during the time it is in transit until it is delivered to your specified delivery address. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by BOS, and transfer of responsibility in the same way.

INTELLECTUAL PROPERTY RIGHTS:

 

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including BOS Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by BOS and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT:

 

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. BOS tries to ensure that the information on this site is accurate and complete. BOS does not promise that BOS Content is accurate or error-free. BOS does not promise that the functional aspects of the Site or BOS Content will be error free or that this Site, BOS Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

 

Opinions expressed on BOS Social Media (BOS Facebook, Instagram, Pinterest, Houzz, Twitter accounts or blog page) are the personal opinions of the authors and do not reflect the views of BOS. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to BOS a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but BOS does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please email us. BOS reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

NO COMMERCIAL USE:

 

This Site is for your personal non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY:

 

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES:

 

We may include hyperlinks on this Site to other websites or resources operated by parties other than BOS, including advertisers. BOS has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

YOUR RIGHTS:

 

You have certain rights under the law. In Australia these include:

  • That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
  • Certain remedies if a product is defective; and
  • A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
    Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.

LIMITS ON OUR LIABILITY:

 

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

 

Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).
If BOS breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and BOS at the time of you placing your order, and BOS dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

 

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

 

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION:

 

At our request, you agree to compensate us fully, defend us, and hold us BOS harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP:

 

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and BOS as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of BOS, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER:

 

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

GOVERNING LAW:

 

The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Australian law and the relevant courts of Australia will have exclusive jurisdiction.

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