1 General
1.1 This website, www.cookandbathe.com.au, and any related mobile site or application, is a shopping website where you can browse, select and purchase products from Cook & Bathe Kitchen and Bathrooms (“Cook & Bathe”, “us” or “we”).
1.2 Your access to and use of this website, including your order of products through the website, is governed by these terms and conditions.
2 Compliance
2.1Â You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the website. You also agree to comply with those website terms of use.
2.2Â You agree to comply with all relevant laws relating to your use of this website and your placement of any order through the website in any location that you access it.
2.3Â Your orders may be subject to certain laws including and without limitation the Australian Consumer Law. The Australian Consumer Law provides you with certain rights, including that the goods you purchase must be of acceptable quality, reasonably fit for the purpose that we represent they will be fit for and that the goods will correspond with any description. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3 Your Account
3.1Â If you register an account with us, you must not have more than one active account and your account is non-transferable. You may update, edit or terminate your account at any time through this website.
3.2Â If you choose to use a workplace email address for your account or to access this website, then you are solely responsible for ensuring that you comply with the rules, policies and protocols that apply to the use of your email address and your workplace facilities.
3.3Â You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
4 Placing an order for products
4.1Â You may order products by selecting and submitting your order through the website in accordance with these terms and conditions.
4.2Â Any order placed through this website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.
4.3Â You must ensure that you enter all information accurately and carefully when placing an order. You warrant to us that all information provided by you in relation to each order is and will be complete, true and accurate.
4.4Â We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the website.
4.5Â You agree to provide us with current, complete and accurate details when asked to do so by the website.
4.6Â Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5 Acceptance or rejection of an order
5.1Â In certain circumstances, we may need to reject your order. This may happen where there is an error in the price or the product description posted on the website.
5.2Â Each order placed for products through the website that we accept results in a separate binding agreement between you and us for the supply of those products.
5.3Â For each order accepted by us, we will supply the products in that order to you in accordance with these terms and conditions and provide you with an email confirmation of that order.
5.4Â If we reject an order placed through the website, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
6 Availability of stock
6.1Â As we are dependent upon our suppliers to provide stock, we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain goods may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any goods displayed on the website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.2Â Selecting a product for your wish list does not mean that we will hold or reserve the product until your purchase. We cannot guarantee that products selected for your wishlist on the website will still be available at the time of purchase.
7 Restricted products
If you are under 18 years of age, you may not use the website to place an order for sharp objects such as knives, blades, saws or any related sharp objects.
8 Delivery of products
8.1Â We will only deliver products ordered through the website to an address within the Melbourne region. You may receive multiple deliveries for your order and these are described at the point of checkout. Usually deliveries are made on Monday to Friday between 8:30am and 5:30pm. We (Cook & Bathe) or our delivery company may need to contact you to arrange a delivery date for certain products.
8.2 Delivery ETA is subject to stock availability. You can nominate a preferred delivery date, however there are factors out of our control which may vary the delivery ETA of your products, but we will do everything possible to eliminate or reduce these factors. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
8.3Â You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the website.
8.4Â An authorised person must be present to accept the delivery of your order. We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.If there is no appropriate person (for example, above 18 years old for restricted products) at the delivery address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the products you have ordered. In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
8.5Â You:
(a) acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order; and
(b) will ensure that, in the case of restricted products, the person authorised by you to receive your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
8.6Â We will not deliver a restricted product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we will cancel the order and refund any amounts paid for that order under these terms and conditions (excluding the delivery fee).
9 Cancelling an order
9.1Â We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if: the products in that order are not available; or there is an error in the price or the product description posted on the website for the product in that order; or that we reasonably believe your order has been placed in breach of these terms and conditions.
9.2Â You may cancel an order (whether it is accepted by us or not) by contacting our Customer Services team on (03) 9376 2299 during contact hours at any time prior to the dispatch of that order. On cancelling the order, we will refund you your payment to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with our Returns Policy.
9.3Â Once we receive your order, it cannot be amended.
9.4Â Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
10 Fees and charges
10.1 We will charge you, and you agree to pay the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Delivery Fee”) and any other fees and charges set out in these terms and conditions.
10.2Â All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable, unless otherwise stated.
10.3Â The purchase price of each product is shown on the product list on the website at the time you place your order.
10.4Â Just like in our stores, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (in particular, our right to cancel an order if there is an error in the price or the product description posted on the website for the product in that order), once we have accepted your order, we will not change any prices that apply to the products in that order.
10.5Â If you cancel an order then we will refund any amounts paid by you for that cancelled order in accordance with our Returns Policy.
11 Payment methods
All our prices are displayed in Australian dollars (AUD).
11.1Â You may pay the fees and charges for an accepted order with any of the following payment methods:
(a) Visa; or
(b) MasterCard;
We reserve the right to change the payment methods that can be used for orders at any time in our absolute discretion.
11.2Â If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card payment) for your order that is accepted by us, then we may cancel your order.
11.3Â If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card for an accepted order.
11.4Â You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
11.5Â We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.
12 Damaged products and returns
12.1Â You must check any product as soon as it is delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us by contacting our Customer Services team on 03) 9376 2299.If you notice damage to a product after delivery, you must notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
12.2Â If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product to us within 7 days provided that it is returned in its original packaging and has not been used.
12.3Â We will not refund the delivery fee where the products have been delivered to you, unless you are returning the product because it was damaged.
12.4Â We require a proof of purchase in order for any products that you have purchased from us to be returned.
12.5 Clearance and Sale items cannot be returned after purchase unless the product is damaged. In the event of a damage product, Cook & Bathe will cover the costs of product return and replacement.
13 After Sales Service
13.1Â Should you have any issues or questions with any of the products purchased from us, contact our Customer Service team on 03) 9376 2299 and within the same day we will call the manufacturer or supplier of the product on your behalf and arrange for them to call you to discuss the problem. You will need to provide us with a number that you can be contacted with.
13.2Â We will call you 48 hours later to confirm the manufacturer or supplier has contacted you about your problem and if they have provided you with an appropriate solution.
14 Links to other websites
This website may contain links to third party websites that are not owned and operated by us. These links are provided for your convenience only and:
(a) we make no representations or warranties, and have no responsibility or liability for, those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse those websites or any individuals, businesses, products or services that are promoted or provided at those websites.
You should carefully review the privacy policies and conditions of use for those websites.
15 Website Use
15.1Â In accessing or using the website you must not:
(a) use this website for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cth);
(b) use this website in a manner or way, or post to or transmit to or via this website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying this website;
(c) use any data listed on this website for commercial purposes e.g. through price or information scraping;
(d) make fraudulent or speculative enquiries or requests through this website;
(e) use another person’s details without their permission or impersonate another person when using this website;
(f) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
(g) tamper with or hinder the operation of this website;
(h) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to this website;
(i) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of this website;
(j) modify, adapt, translate or reverse engineer any portion of this website;
(k) remove any copyright, trade mark or other proprietary rights notices contained in or on this website;
(l) reformat or frame any portion of the web pages that are part of this website;
(m) create accounts by automated means or under false or fraudulent pretences;
(n) use this website to violate the security of any computer or other network or engage in illegal conduct;
(o) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
(p) use this website other than in accordance with these terms and conditions; or
(q) attempt any of the above acts or engage or permit another person to do any of the above acts.
15.2 We may immediately remove any material you post to a blog or forum on this website if we reasonably consider you may have posted such material in breach of clause 15.1 or any other clause of these terms and conditions.
16 Specific warnings
16.1 We attempt to be as accurate as possible. However, we do not warrant that product or service descriptions, instructional guides or videos or other content of this website is accurate, complete, reliable, current, or error-free. Any advice contained in the content of this website is general advice only and may not apply to your individual circumstances. We recommend that you make further specific enquiries in relation to any information on this website to satisfy yourself as to its accuracy, suitability for your circumstances and reliability. Any reliance you place on such information is therefore strictly at your own risk.
16.2 The views expressed by third parties in our blogs, forums or in the reports featured on this website are not those of Cook & Bathe. We do not necessarily agree with the views expressed and we are not responsible for any statements made by any third parties in our blogs, forums or in the reports. We make no claims that the statements by third parties are correct, reliable or complete. You should make your own enquiries before acting upon or relying on any statements made.
16.3 We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website.
16.4 We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
17 Warranties and Liability
17.1 We, except to the extent required under the Australian Consumer Law or the express warranties set out in these terms and conditions below, do not make any other representations or warranties as to the merchantability or fitness for a particular purpose of the products or services or as to the accuracy or suitability of information, descriptions, guidelines and images on the website including colour, design, descriptions of any materials or the products, guidelines, instructions or any other information.
17.2 Products purchased from us and services provided by our staff are warranted to be free from manufacturing defects and are fit for intended purpose and we will at our discretion repair or replace the product that fails to conform to this warranty.
17.3 To activate this warranty, you must contact us within 12 months of delivery of the product to organise the return of the product to us and provide us with a proof of purchase of the product. We will not cover any other costs including returning a product, freight or packaging charges or any costs of removing, storing or re-installing a product. Upon return of the defective product, we will inspect it to evaluate the warranty claim and if we determine the product to be defective or damaged due to factors not expressly included within this warranty, you will be required to cover all costs of repair, replacement, return or re-use of the product. In the event a product cannot be replaced with an identical product, it will be replaced with the closest match currently available as determined by us in our discretion.
17.4 Please note that colours depicted on the website may vary from the product delivered.
17.5 This warranty does not cover any product that fails due to you:
- using the product in an abnormal way, which includes (without limitation) improper installation or not using the product strictly according to the manufacturer’s instructions;
- causing the quality of the product to become unacceptable; or
- fail to take reasonable steps to avoid the quality of the product becoming unacceptable.
In addition, this warranty does not cover any naturally inherent characteristics of a product.
17.6 This warranty is non-transferrable and it applies only to you personally.
17.7 Except to the extent required by the Australian Consumer Law, or pursuant to the express warranty set out in these terms and conditions, we will not be liable in contract, in tort or in equity for any loss or damage (including incidental, indirect, special or consequential loss or damage) arising out of or relating to the website, the information and images therein, any orders or products supplied or services, except as expressly as is set out in the warranties made in these terms and conditions.
18 Intellectual property
This website and its contents are subject to copyright which is owned by us or third parties. We do not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
19 Termination
19.1 We may immediately suspend, terminate or limit your access to and use of this website and (where relevant) your account if you breach these terms and conditions and:
(a) the breach cannot be remedied; or
(b) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(c) if there is an emergency or we need to perform some maintenance on our website.
19.2 You may stop using this website at any time and for any reason.
19.3 From time to time, business strategies change. As such, we may in the future, stop making this website (or any part of it) available. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
20 Privacy policy
The Cook & Bathe mobile message service (the “Service”) is operated by Cook & Bathe (“Cook & Bathe”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Cook & Bathe’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Cook & Bathe through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Cook & Bathe. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to the number that the message was originally sent from or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Cook & Bathe mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to the number the message was sent from or email enquires@cookandbathe.com.au.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
21 Use of your information and materials
When you send us any feedback, suggestions, ideas or other materials in relation to or via this website, including to any blogs, forums or related social media sites that we may operate or control, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Policy.
22 Jurisdiction
This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
23 Amendment to these terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification at this website. By continuing to use this website following such notification, you agree to be bound by the terms and conditions as amended.
24 Severability
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.