Terms and conditions
This website is operated by BLR Co-Operative Limited (referred to as “BLR/we/our/us”) ABN 45 697 729 475.
- read through these terms and conditions carefully before using this website
- print a copy for future reference
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 Certain website services will require registration and subsequent access to those services will be subject to an approved login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Password Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact Us for more information and full contact details).
1.4 We reserve the right to modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and we shall not be liable to you or any third party for any such modification or withdrawal. The website is provided by us to you on an “as is” and “as available” basis.
- Order Process
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The checkout stage sets out the final details of your order. Following this, we will send you an order acknowledgement e-mail detailing the products you have ordered. Please note that this e-mail is not an order confirmation or order acceptance from BLR.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with these terms and conditions (please refer to Returns and Cancellations below).
2.4 We do not file details of your order for you to subsequently access direct on this website, therefore please print out these terms and conditions and the order acknowledgement email you receive for your own records. If you wish to obtain specific details of your previous orders please refer to Contact Us and FAQs.
- Delivery and Collection
3.1 This website is only for delivery of products to or collection of products by customers in Australia.
3.2 It is your responsibility to ensure correct delivery address and access details are provided to BLR. If you choose to collect products, it is your responsibility to make sure that you are able to safely and securely pick up and transport the products to your chosen destination.
3.3 Delivery charges are specified in the delivery information section and during the checkout stage. These delivery charges will apply across the site and supersede any delivery charges shown in online brochures, online leaflets and any other content.
3.4 Estimated timescales are specified in the delivery information section. We make every effort to deliver products or have products ready for collection within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. You agree that BLR is not and will not be liable for any loss or damage, however it arises, if the products are not delivered or available for collection within the estimated timescale.
3.5 You must collect or take delivery of the products within 14 days from the day that we notify you that they are available. If you fail to do so, BLR may charge storage fees of up to $50 per delivery per week and/or cancel your order.
3.6 Products will only be delivered if a person aged over 18 years and able to accept and sign for the delivery is at the delivery address. A card will be left and you are responsible for organising and paying for collection or redelivery from the address identified on the card if delivery cannot be made because an appropriate person is not present.
3.7 Risk of loss and damage of products passes to you on the date when the products are delivered by us or collected by you.
3.8 Bay Leather will not be responsible for deliveries that are not successful due to failure to provide adequate information regarding access to the property. Whilst Bay Leather will assist with product measurements and recommendations on how to measure access, the client is responsible for ensuring the access in to the property is sufficient for their purchase.
3.9 The client is responsible for advising Bay Leather if they believe the sofa will not fit in the property. We shall use all reasonable endeavours to deliver your products into your home, however, you agree that Bay Leather is not and will not be liable for any loss, damage or extra-ordinary measures required to fit the product into your home and cannot be held accountable for any unforeseen costs to successfully deliver.
4.1 We take payment using your specified payment method at the time we receive your order once we have checked your payment details. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
4.2 The price you pay is the price displayed on this website at the time we receive your order and no other prices published by BLR are applicable to these items EXCEPT THAT while we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by any method specified on this website.
4.4 Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
4.5 All prices are shown in AUS$ and include GST (where applicable) at the applicable current rates but exclude delivery charges (see delivery information for further details).
- Returns, cancellations and change of mind policy
5.1 You may cancel an order made online within 24 hours of placing the order via Contact Us.
5.2 Except as set out above, BLR shall not accept a cancellation of an order for change of mind unless BLR chooses to do so at its absolute discretion. If BLR does accept such cancellation, you must pay an amount to BLR which in BLR’s reasonable view reflects the loss that BLR will suffer as a consequence of the cancellation (including but not limited to storage fees and any mark down). BLR shall set off this amount against the payment you have made and refund the balance.
- BLR Warranty and Consumer Guarantees
Bay Leather provides this warranty (“Warranty”) for Bay Leather branded products that have been purchased in Australia. This Warranty is subject to the Australian Competition and Consumer Act 2010 (“Australian Consumer Law”). The benefits provided in this Warranty are in addition to other rights and remedies of a consumer under the Australian Consumer Law, and any other laws in relation to the products to which this Warranty relates. The Warranty period commences from the date of sale. The period of the Warranty will be:
(a) 10 years for upholstery frames (including sofas, daybeds, chaise, armchairs and recliners, and excluding occasional chairs, dining chairs and bar stools);
(b) 2 years for furniture (including upholstery furniture coverings, foam, finishing (stitching, glue, nails, tacks) and recliner mechanisms) and any other product which Bay Leather identifies in writing as attaching this Warranty;
(c) 1 year for all other items.
This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes.
Exclusions: Subject to the Australian Consumer Law, this Warranty does not apply to any non-Bay Leather branded products, products that are sold as seconds, floorstock, repaired products, or products that have a defect where this has been drawn to the customer’s attention before the purchase of the product.
In addition, this Warranty will not apply if:
(a) Repairs to a product are made or attempted by a service provider other than approved by Bay Leather.
(b) The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
(c) The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped,
crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
(d) The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
(e) The product is tampered with in any way.
(f) The product’s serial number, as applied by the manufacturer, has been altered or removed from the product.
Consumer guarantees: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also 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. To the extent that they are compatible with the consumer laws in Australia, the exclusions and provisos that apply to the Bay Leather Republic Warranty apply to the consumer guarantees.
Consumer guarantee remedies: If there is a major failure with the product, the customer is entitled to: (a) reject the product and get a refund; (b) reject the product and get an identical replacement, or one similar in value if reasonably available; or (c) keep the product and obtain compensation from Bay Leather for the drop in value of the product caused by the major failure. If there is a minor failure with the product, the customer is entitled, at the election of Bay Leather to: (a) a refund of the cost of the product; (b) replacement of the product; or (c) have the product repaired within a reasonable time.
Exclusion of implied warranties: Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Australian Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Bay Leather is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute.
- How to make a claim
7.1 To claim under the Warranty or a Consumer Guarantee, you must return the product for repair/ inspection to your store of purchase, and pay for the associated costs (including any freight and insurance charges), unless these costs are significant in which case we will arrange for the product to be assessed either at your premises or ours at our cost.
7.2 We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and, in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them.
7.3 Before a claim will be processed we require proof of purchase from you, which shall comprise the original sales docket receipt or another form of proof of purchase. We will do our best to resolve the issue in a timely manner. For any queries please email all the details to firstname.lastname@example.org and fill out the claim form found here.
- Intellectual property
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
8.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- Liability and indemnity
9.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
9.2 BLR will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website BLR will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and BLR accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
9.3 Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by BLR in relation to any products is given in good faith and is believed by BLR to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by BLR in relation to any products supplied by BLR is approximate only.
9.4 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
- Miscellaneous Provisions
10.1 The contract between us shall be governed by the laws of the state of New South Wales and any dispute between us will be resolved exclusively in the courts of New South Wales.
10.2 Our products are suitable for domestic use only.
10.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these 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 advertising, content, products, goods or other materials or services available on such external websites or resources.
10.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by BLR.
10.6 BLR reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
10.8 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and BLR relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and BLR for your use of this website.