Terms & Conditions
BIG HOSPITALITY WAREHOUSE Online Terms And Conditions
About These Terms and Conditions
In these Terms and Conditions "we" and "us" means BIG HOSPITALITY WAREHOUSE ABN 11 124 671 343
of 177 Lake Road, Port Macquarie NSW 2444 Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. The Contract cannot be varied unless we agree to vary it in writing or by email.
For BIG HOSPITALITY WAREHOUSE Customers these Online Terms and Conditions need to be read in conjunction with the BIG HOSPITALITY WAREHOUSE “Terms and Conditions of Trade.
Australian Sales Only
We only sell and ship Products within Australia (including Lord Howe Island). We will not make deliveries outside of Australia.
Legal Capacity to Transact
If you are under the age of eighteen (18) years you cannot place orders with us.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should BIG HOSPITALITY WAREHOUSE suffer any damage or other losses as a result of a transaction entered into by a minor,
BIG HOSPITALITY WAREHOUSE reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with BIG HOSPITALITY WAREHOUSE.
Placing Your Order
You may place an Order by filling in the Order Form on the BIG HOSPITALITY WAREHOUSE Web Site and clicking the ‘add to cart’ button and finalise order with the ‘view cart’ button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions. Information contained on the BIG HOSPITALITY WAREHOUSE website constitutes an invitation to treat.
No information on our website constitutes or should be deemed as an offer by us to supply any Products; however BIG HOSPITALITY WAREHOUSE will make every effort to supply Products to you. We will notify you that your order is being processed by sending you an Order Confirmation and tax invoice via email; however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. BIG HOSPITALITY WAREHOUSE reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. We will confirm acceptance of your order when we send you an email confirming the goods you have ordered. We will contact you by email or phone to process payment and to confirm your order. If we cannot process or accept your order even after payment is received we will contact you also by email or phone.
Payment Methods and Processing
BIG HOSPITALITY WAREHOUSE currently accepts Visa, MasterCard and Cash(cash on delivery) only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card payments after the order is confirmed by phone and email (subject to stock availability).
For credit card payments we will email a tax invoice to you with your Order Confirmation. Where you pay by cash a tax invoice will be provided on delivery of the goods. If you require a copy of a tax invoice with the version ‘paid’, we can send it to you via email, after your payment has been received (requested by customer) . Your tax invoice is your proof of purchase.
Please Note:
• We are unable to accept credit cards issued by banks outside of Australia.
• You may be required to provide further identification for additional security reference checks.
GST
BIG HOSPITALITY WAREHOUSE purchases include GST.
Prices
BIG HOSPITALITY WAREHOUSE reserves the right to change prices for Products displayed at any time.
The price of products shown excludes shipping costs. Shipping costs may be additional depending on shipping area. You are welcome to contact us to check if you are within the free delivery zone.
Supply of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
We reserve the right to cancel any orders if we have incorrectly priced an item.
Delivery of Your Products
We reserve the right to amend shipping charges after the sale.
Delivery times vary depending on stock availability and from the date your payment is received.
BIG HOSPITALITY WAREHOUSE makes every effort to deliver your Product according to the estimated delivery times. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is available to take delivery of your Products please contact us immediately.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time, however, we do not guarantee that we will deliver within this time frame. Title and risk of loss to all Products will pass to you on delivery.
Returning a Product
If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit within 14 days of delivery for unopened products. This credit does not include delivery costs. ‘Special orders’ arranged are non-refundable.
If the Product is damaged on Arrival, or a Later Defect Product, we have indicated below what you should do and how we will respond to the problem.
BIG HOSPITALITY WAREHOUSE will not provide a refund or replace a product that has been misused, mishandled or incorrectly installed or serviced. It is the responsibility of the customer to ensure that all instructions and advice or warnings given by the manufacturer or supplier are followed.
For further assistance with product returns, please contact us.
Statutory Conditions and Warranties
Statutory conditions and warranties apply to most products. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.
For more information about your rights as a consumer, see the ACCC website at www.accc.gov.auor download a free copy of the Warranties and Refunds Guide at www.accc.gov.au/content/index.phtml/itemId/322947.
Dead On Arrival Products - "DOA"
A Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken or defective when first taken from its packaging.
Our Customer Service Representative will provisionally determine whether the Product is DOA. A photo may be requested to assist with the assessment of your claim. Where a Product is provisionally determined as DOA we will arrange to provide a full refund or a replacement product, depending on your choice.
Where we have provisionally determined that a Product is DOA, return shipping will be arranged at the expense of BIG HOSPITALITY WAREHOUSE.
If the Product is deemed by Customer Service NOT to be DOA, and is not covered by a warranty, BIG HOSPITALITY WAREHOUSE may refuse to replace the Product or give you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property. Replacement Products are provided with the same warranty as the returned Product. When a refund is given, the returned DOA Product becomes our property.
Dead Soon After Arrival Products - "DSAA"
If you find a defect in a Product within a reasonable time after delivery and before you have used it a lot (30 days as a rule of thumb) you should notify BIG HOSPITALITY WAREHOUSE and your claim will be treated in the same way as a DOA product (see "Dead On Arrival Products"). A photo may be requested to assist with the assessment of your claim.
Later Defect Products - "LD"
If the Product is not DOA or DSAA and you find that the Product has a defect or a problem within a reasonable time during which it should not have that defect or problem, it is a LD Product. BIG HOSPITALITY WAREHOUSE will consider cases based on individual merit for exchange or refund.
A reasonable time is the amount of time that is reasonable to expect, given the cost and quality of the item and the amount and type of usage.
We encourage the notification of claims within 30 days.
Where claims are made more than 30 days after delivery, we will need full details about the way the LD Product has been used and it may be necessary for us to make further inquiries.
Approved Return – Must Have
Where Customer Service has provisionally determined that a Product is DOA, DSAA or LD, Customer Service will determine the necessary action to be taken based on each individual case and merits.
Products cannot be returned without management’s approval. The Product should be returned to BIG HOSPITALITY WAREHOUSE immediately after approval from management. Where possible, all Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.
Organising the Return of DOA Products
DOA, DSAA and LD Products must be returned whenever we agree to provide you with a refund or replace the Product.
When a Replacement Product is arranged:
• A replacement for the same Product that you ordered will be arranged after we have received your returned DOA, DSAA or LD Product.
• The delivery time for the replacement Product will be the same as stated for the original DOA, DSAA or LD Product.
• Replacement Products are provided with the same warranty as the DOA, DSAA or LD Product from the date the Replacement Product is dispatched.
Some Products - Manufacturer Warranty
Some Products sold by us are serviced and supported by the manufacturer or supplier in accordance with the warranty information provided on the listing. BIG HOSPITALITY WAREHOUSE recognises customers purchasing some products, require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a statutory warranty, BIG HOSPITALITY WAREHOUSE will replace the item, issue a refund or otherwise provide a remedy. This is based on each individual assessment and inspection of a product based on merit and if determined faulty.
Our Liability
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use and Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Please refer to our Privacy Statement.
Credit Card Fraud
BIG HOSPITALITY WAREHOUSE will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
Fraud Protection or Prevention Procedures
When you place your Order by a Credit Card you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Pending status. If you do not provide the requested information within 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card account holders from online Fraud.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of BIG HOSPITALITY WAREHOUSE. Any unauthorised assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
BIG HOSPITALITY WAREHOUSE reserves the right to change the Terms and Conditions of sale at any time.
Force Majeure
BIG HOSPITALITY WAREHOUSE shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of BIG HOSPITALITY WAREHOUSE, and BIG HOSPITALITY WAREHOUSE shall be entitled to a reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.