Please read these Conditions of Sale carefully before placing your Order with How Bazzar Trading as these Conditions of Sale contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
These terms cover this website www.howbazzar.com.au.
How Bazzar Trading may also be described as, "our", "we", "us" or "the website".
You or Your means you as the purchaser of Goods from How Bazzar Trading pursuant to these Conditions of Sale.
Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.
Delivery Agent means any nominated third party delivery or shipping company for How Bazzar Trading.
Use of Novelty Number Plate Product:
Number Plates are supplied as a Novelty number plate. They are not to be attached to any Motor Vehicle used on roads or road related areas.
ACCEPTANCE OF TERMS AND CONDITIONS
You agree to be bound by these Terms and Conditions when you submit an Order.
Each Order you submit will be a separate and binding agreement between you and How Bazzar Trading with respect to the supply of Goods, in accordance with these Terms and Conditions.
PLACING ORDERS FOR GOODS
An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee) as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
In completing the Order, you agree to provide complete and accurate information as to your details to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. How Bazzar Trading will not be liable to you for your loss or those of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, How Bazzar Trading is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to How Bazzar Trading or if the Order is subsequently returned, an additional Delivery Fee will be charged.
You may Order from How Bazzar Trading if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.
You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement.
Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with the Delivery Clause in these Conditions of Sale.
You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting How Bazzar Trading.
ACCEPTANCE AND REJECTION OF ORDERS
How Bazzar Trading reserves the right to accept or reject your Order for any reason at any time.
We only trade within Australia and its territories and will not trade online with overseas customers. How Bazzar Trading retains the right to determine what it can and cannot deliver to any location.
When we accept an Order, it represents an agreement by How Bazzar Trading to supply you the Goods in accordance with the Order and these Conditions of Sale.
In the event we reject an Order, we will notify you of that rejection and the reason for rejection via email within three (3) Business Days after the placement of the Order. How Bazzar Trading will not be liable to you for your loss or that of any third party for the rejection of an Order.
Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the time it takes your financial institution to finalise the refund. How Bazzar Trading is not liable with respect to any loss, damage, cost, expense or injury you or any third party incurs resulting from any delay in processing your refund.
If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause.
AVAILABILITY OF GOODS
You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, How Bazzar Trading will contact you within two (2) Business Days to arrange a full or partial refund. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the time it takes your financial institution to finalise the refund. How Bazzar Trading is not liable with respect to any loss you or any third party might suffer resulting from any delay in processing your refund.
Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with the clause “Acceptance and Rejection of Orders”. If applicable, How Bazzar Trading will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions.
You acknowledge and agree that:
a. all pictures and images of Goods displayed on the Website are digital and are for illustration purposes only. Colours and shades may vary from the image/description;
b. you have read any corresponding written description of the Goods prior to submitting your Order;
c. where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order; and
d. any accessory featured with the Goods is for illustration purposes only.
CUSTOM AND MADE TO ORDER GOODS
You will not make use of any content that contains or portrays anything unlawful, obscene, threatening or otherwise objectionable.
You acknowledge that How Bazzar Trading provides custom and made to order Goods for novelty purposes only, and that you are responsible for following all legal standards, rules and regulations that apply to your content. You also acknowledge the terms in the clause “Limitation of Liability” included in these Conditions of Sale.
You must check your Order carefully prior to submitting your Order with us. You acknowledge that it is your responsibility to review and check your Order before submitting it. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement with How Bazzar Trading and only prior to your Order entering the production phase.
How Bazzar Trading will not exchange or provide a refund on any Goods that have been personalised, custom or made to order, unless the Goods are faulty and in accordance with clause “Order Cancellations and Returns” included in these Conditions of Sale.
PRICE AND PAYMENT
The Price in respect of a Good is specified on the Website.
Prices are displayed in Australian Dollars. Prices displayed exclude GST.
How Bazzar Trading reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause “Acceptance and Rejection of Orders” will apply.
In respect of any Order, we will charge you and you agree to pay:
a) the Price (which is the Price at the time the Order is submitted in Australian Dollars); and
b) the Delivery Fee.
You acknowledge and agree that any payment in respect of an Order must be cleared by How Bazzar Trading before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Conditions of Sale and you will be notified of this on the Website.
DELIVERY
How Bazzar Trading uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods.
How Bazzar Trading will use its best endeavours to have your Order ready for delivery by the Delivery Agent within three (3) Business Days from acceptance of an Order. Delivery times are subject to the schedules of the Delivery Agents. Any delivery time frames shown on the Website are indicative only.
You acknowledge and agree that notwithstanding anything else stated on the Website:
a) How Bazzar Trading cannot guarantee that delivery will occur in the stated delivery time frames;
b) delivery time frames may change from time to time due to unforeseen circumstances; and
c) except where required by applicable law, How Bazzar Trading is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
If we are unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you notifying you where the Goods have been delivered for collection by you. It is your responsibility to follow the instructions stated on the calling card.
Where you do not collect your Goods from the outlet specified on the calling card within 10 working days of a failed delivery, you must contact How Bazzar Trading for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.
RISK AND TITLE
Risk in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent. Title to the Goods does not pass from How Bazzar Trading to you until the Goods are paid in full. Goods remain the property of How Bazzar Trading until paid in full.
ORDER CANCELLATIONS AND RETURNS
Unless provided for under these Conditions of Sale, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Conditions of Sale. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with this clause.
Goods can only be returned under these Conditions of Sale and in accordance with this clause.
Where we reject or cancel your Order under these Conditions of Sale, we will refund the Price of the Goods to you in accordance with these Conditions of Sale. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. How Bazzar Trading is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.
It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. How Bazzar Trading is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
How Bazzar Trading will accept returns for faulty Goods with a major failure.
How Bazzar Trading will not exchange or provide a refund on any Goods that have been personalised, custom or made to order, unless the Goods are faulty.
Goods may be returned subject to the following:
a) Goods for return will not be accepted without prior arrangement and authorisation by How Bazzar Trading.
b) You contact How Bazzar Trading within five (5) Business Days of delivery of the Goods.
c) All freight or handling charges will be on your account unless otherwise agreed to by How Bazzar Trading.
PRIVACY
Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with How Bazzar Trading Privacy Statement.
TERMS OF WEBSITE USE
The How Bazzar Trading Terms of Website Use form a part of Conditions of Sale.
YOUR WARRANTIES TO HOW BAZZAR TRADING
You represent and warrant to How Bazzar Trading that:
a. all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to How Bazzar Trading;
b. any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;
c. you are over the age of 18;
d. in placing your Order, you have read and agreed to these Conditions of Sale; and
e. in placing your Order, you have complied with all applicable Laws.
LIMITATION OF LIABILITY
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect or consequential loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort (including negligence), under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our Website.
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, How Bazzar Trading excludes, all implied terms and warranties whether statutory or otherwise, relating to our website or the subject matter of these Conditions of Sale. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).
Our liability to you for loss or damage of any kind arising out of these Conditions of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
TERMINATION
How Bazzar Trading reserves the right to, at its discretion, terminate your access to and use of the Website:
a) for convenience, at any time, upon provision of notice to you;
b) if How Bazzar Trading reasonably believes that you have breached these Conditions of Sale, and that the breach is not capable of remedy; or
c) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
GENERAL
How Bazzar Trading reserves the right to make changes to these Conditions of Sale. Any variations to these Conditions of Sale will take effect from posting on the Website. The Conditions of Sale which apply at the time of Order are those that govern your relationship with How Bazzar Trading with respect to that Order.
How Bazzar Trading may give notice to you by electronic mail. You may give notice to How Bazzar Trading by email.
Any provision of these Conditions of Sale that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Conditions of Sale nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by How Bazzar Trading to exercise a power or right under these Conditions of Sale does not constitute as a waiver of that power or right, and the exercise of a power or right by How Bazzar Trading does not preclude its future exercise or the exercise of any power or right.
The Conditions of Sale is governed by and shall be construed in accordance with the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts of that state and country.