General Terms for our Imported Products.
These terms and conditions of sale apply to any goods listed as being Direct Import Goods. These terms and conditions apply in addition to Bags For Business’s normal terms and conditions, and adopt, where applicable, the same definitions.
In any other clause, where there is any inconsistency between the Direct Import Terms and Conditions of Sale and the normal terms and conditions in relation to the sale of Direct Import Goods, these terms shall prevail.
In this Agreement:
Direct Import Goods means any Product that is sourced directly from outside Australia and which is available through the Website
Import Order means an order for Direct Import Goods;
Supplier means the third party supplier of the product for the Direct Import Goods, who is a supplier located overseas which contracts with us to provide the Direct Import Goods. Any reference to a Supplier as defined in this clause is to be read as only relating to Direct Import Goods.
Taxes means value added taxes (including GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Direct Import Goods.
“we”, “us” and “our” means Bags for Business.
"you" and "your" means anyone who uses the Website.
If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
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 by the changes.
Placing your Order
Orders placed by you for Direct Import Goods are offers to purchase particular products from the Supplier, under the terms and conditions in this Agreement at the price specified (including delivery and other charges as may be specified from time to time, but excluding duties and taxes).
To the extent permitted by law we reserve the right to accept or reject, on behalf of the Supplier, your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.
You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, then you must go through the normal returns process.
If the Supplier is unable to fulfil your order for any reason (including because a product has become unavailable or the Supplier no longer sells the product), the Supplier, through us, will provide a complete refund of any payment made. Except as required by law (including the Australian Consumer Law), neither the Supplier or Bags for Business will not be liable for any subsequent or resulting loss, for example, in the event that you purchase the product from another provider for a higher price (including delivery and any other charges).
Item Price, Making Payment and Using Credits or Coupons
The prices of products, delivery and any other charges shown are in Australian dollars only and, if relevant, include GST.
Prices are current as shown on the Website.
All payments must be made at checkout.
If your payment is declined by paypal or the bank, the Supplier is not able to hold or store any product. If that occurs, neither Bags for Business nor the Supplier guarantee that the product will be available at a later time.
Direct Import Goods
You agree and acknowledge that by purchasing Direct Import Goods, we are the Selling Agent for the Supplier, and you are purchasing the goods from the Supplier through our website.
In submitting an Import Order for Direct Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.
Direct Import Goods are sold to you by the Supplier and the risk of ownership and title in the goods passes to you upon delivery.
You agree and acknowledge that you will be recorded as the importer of the goods and that you are the responsible party for any Taxes associated with the importation of Direct Import Goods, as well as, where applicable, compliance with any Australian standards or laws that may apply with regard to the importation of such goods.
You acknowledge and agree that neither we or the Supplier are liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods.
You acknowledge and agree that delivery of your Import Order is subject to satisfactory inspection and clearance of Direct Import Goods by customs authorities in Australia and any other relevant jurisdiction.
You acknowledge and agree that it is your responsibility to obtain any permits for, or make any modifications to, the Direct Import Goods so as to enable them to be lawfully imported into or used within your jurisdiction which includes, where applicable, compliance with Australian standards or laws in relation to the importation of such goods.
If your Import Order arrives in Australia and the customs value is greater than the ‘low value import threshold’ (currently AUD$1,000, subject to change at any time), you may be required to lodge a Customs Import Declaration and pay the relevant Taxes. For further information, please consult the Australian Customs and Border Protection Service website at www.customs.gov.au.
For Australian Customs purposes, when you purchase multiple Import Orders from the Supplier, any number of Import Orders delivered on behalf of the Supplier to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether any customs duties and/or GST is payable on the Import Orders.
You acknowledge and agree that the Supplier offers all statutory guarantees (and warranties if any) in relation to Direct Import Goods and any after sales support provided by us is done so on behalf of the Supplier and is provided otherwise in accordance with this Agreement.
Delivery and Supply of Products
Subject to this Agreement, the Supplier, will deliver the products shown on your order confirmation.
Direct Import Goods are shipped directly to you from overseas. The Supplier will use its best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our and the Supplier’s control) can affect these timeframes and the Supplier cannot guarantee that they will always be met.
By purchasing Direct Import Goods, you provide us with the express permission to provide your order details, including your name, address, email and telephone number, to the Supplier, for the sole purpose of the Supplier shipping your order to you.
Following your order, you will receive a confirmation from Bags for Business confirming your purchase after you purchase Direct Import Goods.
Labelling and Packaging of Products
We will do our best to ensure that Direct Import Goods available for order are accurately represented on the Website. On rare occasion, products actually delivered may slightly differ in appearance and packaging from the images and photographs on the Website.
The exact specifications of Direct Import Goods may slightly differ from a local equivalent product. The actual specifications of the product being sold will be stated on the listing page of the Website.
If the product purchased is defective or faulty in any way, please contact the Bags for Business Support Help Desk at firstname.lastname@example.org. Your protections in relation to defects or other problems with Direct Import Goods are contained in the Australian Consumer Law. Unless otherwise stated, no express warranties are offered relating to Direct Import Goods by Bags for Business or the Supplier.
Relevant Australian Consumer Laws provide certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are sepearte to any express warranty provided by us or the Supplier or the Manufacturer.
Products come with guarantees that are not able to be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure of the product purchased and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods are not of acceptable quality and the failure does not amount to a major failure.
If you are returning a product, please contact us at email@example.com. Once contacted we as Selling Agent will inform you of the easiest way to return the product(s).
Also, we as Selling Agent will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.