Agreement 1.1. These Terms and Conditions apply to you, the Website user and your usage of the P&A Distributions trading as Bazaar Traders website and associated software, networks and processes, including the purchase of goods or services through the Website. 1.2. By browsing the Website, or placing an Order, you agree to these Terms and Conditions as set out below.
Interpretation 2.1. In these Terms and Conditions: “Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable). “Customer” means the person or legal entity identified in a P&A Distributions trading as Bazaar Traders quote, invoice or sales document. “Delivery Cost” means the costs associated with delivery as specified in an Order. “Goods” means the Products listed in an Order. “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media). “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website. “Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website. “Products” means any items listed on the Website (for sale or otherwise), including extended warranties. “Website” means the internet site located at the URL www.outdoorlivingdirect.com.au and operated by P&A Distributions trading as Bazaar Traders, and any associated websites. 2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
Site Use 3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. P&A Distributions trading as Bazaar Traders will not be responsible for the content or privacy practices associated with linked web sites. 3.2. You must ensure that your access to or use of the Website is not illegal or prohibited by laws which apply to you. 3.3. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. P&A Distributions trading as Bazaar Traders takes no responsibility for any such damage which may arise in connection with your use of the Website.
Pricing 4.1. All prices listed on the Website are in Australian Dollars, inclusive of GST and applicable taxes, unless otherwise specified. 4.2. All prices displayed on the P&A Distributions trading as Bazaar Traders website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders. 4.3. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost. 4.4. You agree to pay delivery charges as they are calculated and listed in the Order confirmation at the time of purchase. 4.5 Free shipping offers are given at the sole discretion of P&A Distributions trading as Bazaar Traders and may incur additional charges for delivery to remote areas as defined by P&A Distributions trading as Bazaar Traders. 4.6 P&A Distributions trading as Bazaar Traders reserves the right to refuse a sale.
Product Specifications 5.1. Features, colours, sizes, weights and all other specifications of Products described or depicted on the Website are approximate, and subject to change without notice. Colour will render differently on different computer and device screens. Therefore, if you have a specific product colour or size requirement, or any other feature, that is critical to your needs you must advise us of this via email at email@example.com, quoting your name and order number.
Orders 6.1. You may place an Order by filling in the Order Form on the P&A Distributions trading as Bazaar Traders Website and clicking the “confirm” 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. 6.2. Orders will be deemed to have been received by P&A Distributions trading as Bazaar Traders at the time P&A Distributions trading as Bazaar Traders sends an Order confirmation to your nominated email address. 6.3. P&A Distributions trading as Bazaar Traders is an online business and will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence. 6.4. Each Order (once confirmed) represents a separate agreement. 6.5. P&A Distributions trading as Bazaar Traders reserves the right to not accept or to cancel Orders that request commercial quantities of Goods. Alternately, commercial quantities of goods may be purchased by contacting firstname.lastname@example.org 6.6. P&A Distributions trading as Bazaar Traders, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods, including Products that are sold on Pre-sale. 6.7. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with email acknowledgement of the cancellation and refund. 6.8. P&A Distributions trading as Bazaar Traders reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alteration does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions. 6.9. P&A Distributions trading as Bazaar Traders accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections or decline of payment.
Payment 7.1. P&A Distributions trading as Bazaar Traders currently accepts Visa/Mastercard, Direct Deposit via EFT, PayPal, Zipmoney and Afterpay. 7.2. Payment for Orders will be processed immediately upon confirmation of your Order, including for Products that are listed as on Pre-sale. 7.3. If your nominated payment method triggers P&A Distributions trading as Bazaar Traders internal suspect transaction protocols, P&A Distributions trading as Bazaar Traders may contact you to confirm additional details or rescind the transaction.
Delivery and ownership of the goods 8.1. P&A Distributions trading as Bazaar Traders tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. This is not uncommon during periods of heavy demand, such as Christmas, Australia day, and Easter. P&A Distributions trading as Bazaar Traders does not accept any liability for loss or damage suffered by anyone as a result of any such delays. 8.2. The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by P&A Distributions trading as Bazaar Traders and is subject to change without notice. 8.3. P&A Distributions trading as Bazaar Traders will not dispatch Goods to PO box addresses or small islands. It is the responsibility of the customer to advise P&A Distributions trading as Bazaar Traders if they require delivery to an island. A specific delivery quote will be arranged. 8.4. Once payment in full has been cleared, including any shipping charges, title and risk in the Goods pass to the customer on signing for delivery of the Goods. 8.5. Where a customer gives authority for an item to be delivered without a signature, any and all included insurance cover will be voided. 8.6. P&A Distributions trading as Bazaar Traders’s nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday). 8.7. Where you have agreed a day of delivery with us, and you are not available, or unwilling to accept the goods, you agree to accept any detention, demurrage, return shipping, restocking, and redelivery charges associated with such delays. 8.8. P&A Distributions trading as Bazaar Traders is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with P&A Distributions trading as Bazaar Traders’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by P&A Distributions trading as Bazaar Traders to a customer in relation to delivery will be from a third party, and as such P&A Distributions trading as Bazaar Traders will not guarantee the accuracy of such information. 8.9. Should a customer choose to cancel an order, or refuse to accept delivery of an order, after that order has been dispatched, P&A Distributions trading as Bazaar Traders reserve the right to subtract from any refund the cost of shipping both ways as well as a 15% restocking fee. 8.10. All orders received will be dispatched as soon as reasonably possible. Any requests to delay dispatch of an order, or to change a delivery address other than the address listed on the order, must be made at the time of ordering in the order notes field. We will attempt to accommodate such requests made after order placement; however, this may not be possible. Where such requests incur additional costs, the customer agrees to reimburse P&A Distributions trading as Bazaar Traders in full.
Faulty or damaged goods 9.1. P&A Distributions trading as Bazaar Traders will repair or replace damaged or faulty Goods in accordance with these Terms and Conditions. 9.2. Where a Good is deemed as faulty within the first 3 days after delivery or is already damaged on delivery, and the customer notifies P&A Distributions trading as Bazaar Traders of that fault within the first 3 days after delivery, then P&A Distributions trading as Bazaar Traders will: (a) Replace or Repair the faulty Good at their sole discretion; or (b) If P&A Distributions trading as Bazaar Traders is unable to provide a new replacement, P&A Distributions trading as Bazaar Traders has the option to offer a full or partial refund dependent on the amount of damage to the product. (c) Where a new replacement is available, and the customer elects to receive a refund instead of a replacement, the refund will be for the amount of the purchase price excluding the initial Delivery Cost. (d) The 3 Day period will commence on the date that the customer accepts delivery of their P&A Distributions trading as Bazaar Traders product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the product. 9.3. Where Goods are already damaged on delivery, P&A Distributions trading as Bazaar Traders requires photographic evidence or footage (whichever is more applicable) of the damage/fault to be emailed to email@example.com before authorizing return of the Goods. 9.4. Bazaar Traders requires any customer requesting services in accordance with this warranty to provide to comply with directions from Bazaar Traders staff in order to facilitate the investigation of the warranty claim, and the provision of repair and/or spare parts and/or replacement solutions from Bazaar Traders (where applicable). Such directions will usually include the provision by the customer of a detailed description of the warranty service requested and photos and videos (where appropriate). 9.5. Bazaar Traders is not required to provide warranty services in accordance with this warranty unless the customer complies with the previous sub-paragraph, as the absence of suitable description and images will prevent Bazaar Traders from investigating the claim. 9.6. P&A Distributions trading as Bazaar Traders reserves sole discretion to determine whether the Goods are faulty or damaged in accordance with this clause 9. 9.7. P&A Distributions trading as Bazaar Traders may seek reimbursement of any costs incurred by us when the Product is found to be in good working order. 9.8 Products described as ‘not suitable for outdoor use’ are not warranted against weather damage.
Refunds and returns, including return policy 10.1. Other than in accordance with P&A Distributions trading as Bazaar Traders’s product return guarantee, P&A Distributions trading as Bazaar Traders does not provide refunds, unless as required by applicable law. 10.2. No refunds are available for services where goods are not offered. 10.3. Other than in accordance with clause 9, P&A Distributions trading as Bazaar Traders will only accept the return of Goods that have been supplied incorrectly. 10.4. In order to facilitate a return under these Terms and Conditions, please email firstname.lastname@example.org 10.5. The customer must comply with directions from P&A Distributions trading as Bazaar Traders staff to facilitate a return. 10.6. Returned Goods must be returned in their original packaging with all accessories and must be in a re-saleable condition. 10.7. It is the customer’s responsibility to ensure that returned items are returned safely. P&A Distributions trading as Bazaar Traders takes no responsibility for items lost in transit. 10.8. Where a 30 day return policy applies, the customer is permitted to return goods for a full refund, less the cost of shipping and handling both ways, and a 15% restocking fee, subject to the terms and conditions outlined in clause 10.9.10.9. The 30-day return policy is subject to the following terms and conditions: (a) You are free to return your purchase for up to 30 days from the arrival date (online sales only). All returns are subject to a 10% restocking/administration fee which covers warehousing, logistics and finance charges. (b) Products must be returned in the condition you received them and in the original boxes and/or packaging, and in a condition to allow immediate resale as a first-quality product. Of course, you will want to try them out at your place, and that’s fine. But the majority of the packaging must be intact. Most importantly, your furniture cannot be obviously used. (c) Once your return is received and inspected by our warehouse, your refund will be processed and a credit will be automatically applied to your credit card or original method of payment within 7 days, less the cost of shipping both ways. (d) Replacements for exchange of damaged goods will not be dispatched until the original item has been received at our warehouse. (e) All shipping costs will be deducted from the refund, including shipping to you, and return to us. (f) If you fail to take reasonable care of the goods in returning them to us and this causes the damage to or deterioration of the products, we will charge you for the reduction in value, up to 100% of the value of the goods, plus freight cost. 10.9. The 30 day return policy specifically excludes special orders, commercial quantities, and custom made products.
Warranties 11.1. Each Product sold by P&A Distributions trading as Bazaar Traders is covered by a 12 month P&A Distributions trading as Bazaar Traders Standard Warranty, unless otherwise displayed on the product page, where the product is used in a domestic environment. Products used in a commercial environment are covered by a 3-month warranty only. This warranty covers defects in manufacture and materials, but specifically excludes: (a) Damage to the product, howsoever caused (b) Fading and discoloration of fabric, including mould or mildew. This can occur rapidly if fabrics are left exposed to the elements for long periods. (c) Damage caused to the product due to abuse, lack of proper maintenance expressly including timber products that have received insufficient weather protection or using the product in a manner unintended by the manufacturer. (d) Damage to umbrellas as a result of excessive wind, including where winds have caused the umbrella to fall and sustain damage. (e) Damage to products as a result of exposure to foreign substances 11.2. To the extent permitted by law, the warranties referred to in clause 11.1 are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded. 11.3. P&A Distributions trading as Bazaar Traders does not guarantee the availability of spare parts for any products sold, however will utilise its best endeavours to supply spare parts to customers where possible. 11.4. Certain legislation may imply warranties or conditions or impose obligations upon P&A Distributions trading as Bazaar Traders which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which P&A Distributions trading as Bazaar Traders is able to do so, its liability will be limited, at its option to the replacement of the Goods or resupply of equivalent Goods; repair of the Goods; payment of the cost of replacing the Goods or acquiring equivalent Goods; or the payment of the cost of having the Goods repaired. 11.5 Where P&A Distributions trading as Bazaar Traders elects to replace a product for a customer, the remaining warranty period will continue to be calculated from the purchase date of the original product. 11.6. Extended warranties may be available for purchase for all P&A Distributions trading as Bazaar Traders Products, as listed on the Website. They may be purchased up to 14 days after delivery of your Products. 11.7. Where a P&A Distributions trading as Bazaar Traders Extended Warranty is purchased, it will replace the 12 month P&A Distributions trading as Bazaar Traders Standard Warranty with the extended warranty period (For example, either 3 or 5 years). 11.8. 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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. 11.9 In accordance with Australian consumer law, warranties for products supplied by local manufacturers are the responsibility of the manufacturer. P&A Distributions trading as Bazaar Traders will facilitate communication with local manufacturers on behalf of the customer.
Intellectual Property 12.1. All Intellectual Property in any Material on the Website is the property of P&A Distributions trading as Bazaar Traders. Unless expressly authorized under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
Indemnity 13.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against P&A Distributions trading as Bazaar Traders which are connected with, arise out of, relate to or are incidental to the use of the Website. 13.2. You agree to indemnify and to keep indemnified P&A Distributions trading as Bazaar Traders and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by P&A Distributions trading as Bazaar Traders arising out of or in connection with the your use of the Website and the use of any P&A Distributions trading as Bazaar Traders Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).
Liability 14.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of P&A Distributions trading as Bazaar Traders (in negligence or otherwise) is limited (at the option of P&A Distributions trading as Bazaar Traders) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that P&A Distributions trading as Bazaar Traders shall not be held liable for any indirect or consequential loss. 14.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of P&A Distributions trading as Bazaar Traders (in negligence or otherwise) is limited (at the option of P&A Distributions trading as Bazaar Traders) to these Terms and Conditions and those listed in related P&A Distributions trading as Bazaar Traders warranties.
Privacy 15.1. We gather personal information about our customers for the purposes of: (a) marketing, supplying or delivering our products to you; (b) carrying out repair work (both in and out of warranty repairs); (c) improving and developing our products; and (d) expanding our business. 15.2. P&A Distributions trading as Bazaar Traders is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared. P&A Distributions trading as Bazaar Traders will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 15. 15.3. In the process of dealing with our customers, we may collect and hold the following types of information: (a) Information about persons who are customers or target customers as given to us by those persons, or information obtained from public domain sources such as magazines and newspapers. (b) Information about roles, means of communication with, and personal attributes of officers, employees and other representatives of corporations with whom we deal, collected incidentally in the course of dealing with those corporations. 15.4. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions. 15.5. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example, we may retain a third-party repairer to provide warranty repair. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf. 15.6. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information, please contact us at by email at email@example.com.
General 16.1. P&A Distributions trading as Bazaar Traders reserves the right to make changes to the P&A Distributions trading as Bazaar Traders Website and Order Terms and Conditions without notice. 16.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. 16.3. A failure or delay by P&A Distributions trading as Bazaar Traders to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by P&A Distributions trading as Bazaar Traders does not preclude its future ability to exercise that or any other power or right.
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