Retail Customer Agreement
BridgeClimb Sydney, Online Retail Customer Agreement
By making a purchase through BridgeClimb Sydney’s Retail Website you are entering into a contract between you and Ottto Holdings (Aust.) Pty Ltd (ABN 56 079 564 346) trading as BridgeClimb Sydney (“BridgeClimb”). This Agreement sets out the conditions under which you purchase Goods online from the Retail Website.
By using the services of the Retail Website you are bound by this Agreement.
In these Conditions:
Agreement is an agreement between you and BridgeClimb to supply Goods, and consists of the Order and these conditions;
Conditions are these conditions, and any agreed written variations;
Delivery Address is the address to which the Goods are to be delivered as stated on the Order;
Goods are goods described in an Order, and includes packaging;
Intellectual Property Rights includes all rights in respect of copyright, trademarks, patents, designs, protection of confidential information and circuit layouts, whether arising under statute or otherwise;
Order is an order by you to purchase Goods from the Retail Website;
Product List is the list of Goods displayed on the Retail Website, as amended from time to time;
Shipping Fee is the fee payable to BridgeClimb in respect of delivery of the Goods and handling costs associated with processing your Order which is dependent on the value of the Order and the location of delivery, and as advised by BridgeClimb from time to time; and
Retail Website is that part of the BridgeClimb website at www.bridgeclimb.com that sells clothing, apparel, memorabilia and other such items to internet customers on the retail pages of the website.
2. The Agreement
An agreement exists between you and BridgeClimb once www.bridgeclimb.com accepts an order or receives the order and does not reject it within fourteen days. Each order is a separate Agreement.
3. Customer Details
Details to be completed: You must complete your billing details as part of placing an order for Goods with BridgeClimb. You warrant that all information and data provided by you in the billing details is accurate, complete and up to date. You must promptly inform BridgeClimb if there is a change to this information or data. Set up costs: You are responsible for any costs associated with accessing the Retail Website and placing an order for Goods with BridgeClimb, including any Internet provider fees.
4. Orders And Delivery Of Goods
Authorised receipt of Goods: Anyone at the Delivery Address who receives the Goods shall be presumed by BridgeClimb to be authorised to receive the Goods. BridgeClimb may request that the person who receives the Goods at the Delivery sign as proof of receipt.
5. Risk And Title In The Goods
Risk and title in the Goods passes to you upon delivery of the Goods to the Delivery Address.
6. Returns And Refunds
If you are not satisfied with the quality of the Goods you have purchased, you may call BridgeClimb on +61 (0)2 9240 1100 or email BridgeClimb at email@example.com and a retail representative will arrange for an exchange or refund of your purchase on return of the Goods to BridgeClimb. Any Shipping Fees incurred will not be refunded.
7. Price Of Goods And Payment
Purchase price: The purchase price of the Goods as shown on the Product List is the purchase price which is applicable at the time you view it. All prices are in Australian dollars and are, in the case of purchases for delivery in Australia, inclusive of GST but are exclusive of Processing Fees.
Shipping Fee: You must pay the Shipping Fee in respect of each Order. You shall be responsible, as part of the order process, for initially selecting the correct Shipping Fee based on the value of the Order and the location of delivery. You give permission to BridgeClimb to change the Shipping Fee selected and charge your credit card any additional amounts required if the Shipping Fee selected by you does not match to the value of the Goods Ordered or the location to where they are to be delivered.
Total price of Goods: Goods in your Order are charged at the purchase price applicable at the time you submit your Order and as shown on the order confirmation.
Invoice: Upon the placing of and payment for your Order BridgeClimb will provide you with an electronic invoice (and in the case of purchases for delivery in Australia, a Tax Invoice) specifying the total price for the Goods and the Processing Fee.
Online Payment by Credit Card: You must pay for the Goods at the time you place the Order by providing your credit card details on the BridgeClimb website and BridgeClimb will process your payment using your credit card (MasterCard, Visa or American Express). The payment will be processed at the time of the Order. BridgeClimb may decline to accept payment from you by credit card for any reason, and is not required to give reasons.
8. Out Of Stocks And Substitution
BridgeClimb will use its best endeavours to ensure that all Goods ordered by you are supplied to you. BridgeClimb reserves the right to limit the sale of Goods to reasonable or normal household quantities. If an Order or part of an Order cannot be filled you will be refunded for any Goods not delivered.
9. Packaging And Labelling Of Goods
BridgeClimb aims to include in the Product List up-to-date pictures of the Goods. At times, the picture of the Goods on the Product List may differ from the Goods actually supplied to you. If the Goods supplied by BridgeClimb are not as represented on the Retail Website the BridgeClimb shall replace the Goods or provide a full refund for the Goods at BridgeClimb’s cost.
10. Intellectual Property Rights
You acknowledge that BridgeClimb own or are licensed to use all Intellectual Property Rights in BridgeClimb, including any images, photographs or text which appears on the BridgeClimb website. You must not make any representation to the contrary and you must not use or copy BridgeClimb in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos which appear on the BridgeClimb website are owned by or licensed to BridgeClimb and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
You acknowledge that the Retail Website is provided "as is" and that BridgeClimb is not making and has not made any warranty or representation as to the Retail Website’s suitability for any particular purpose. In using the Retail Website, you are not relying on any statement or representation made by BridgeClimb which is not expressly contained in this Agreement. Any liability of BridgeClimb arising out of or in connection with a breach of an express or implied warranty or condition in respect of Goods supplied to you through the use of the Retail Website (other than a condition or warranty implied by legislation which does not permit BridgeClimb’s liability to be limited as stated in this clause 11) will, at the election of BridgeClimb, be limited to:
(a) the replacement of the Goods or the supply of equivalent Goods again; or
(b) The refund of all monies paid by you.
The entire risk arising out of installation, down loading, use or performance of any software remains with you. To the extent permitted by law, you release and discharge BridgeClimb from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with BridgeClimb or this Agreement, including loss or damage caused by the negligence of BridgeClimb or its employees or its agents.
12. Notification Of Changes
BridgeClimb may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 15. Your use of the Retail Website after notice is provided will constitute your deemed acceptance of such changes.
13. Privacy And Security
BridgeClimb may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 15 Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice).
BridgeClimb may give notice to you by electronic mail, conventional mail or notice posting on the Retail Website.
Each provision of this Agreement (including these Conditions) is severable. Severance does not affect any other provision.
The laws of New South Wales, Australia govern this Agreement. You and BridgeClimb submit to the non-exclusive jurisdiction of the Courts of New South Wales in respect of this Agreement.