Legal
Bogaard Distributors Pty Ltd (ABN 35 088 121 448) respects your privacy and is committed to protecting your personal information that you provide to us. This statement explains our policies and practices regarding the use and disclosure of your personal information by Bogaard Distributors Pty Ltd. Please note that, Bogaard Distributors Pty Ltd reviews and updates this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how Bogaard Distributors Pty Ltd collects and uses personal information. By using our web site, you consent to the collection and use of your personal information by Bogaard Distributors Pty Ltd as explained below.
1. Personal Information.
You have complete control over your personal information. In general, you can visit our web site without providing us with any personal information. However, there are instances where we must have your personal information in order for us to grant you an access to our protected and secured sites. This information may include registration data (your name, address, email address, phone number, title, etc.), information request data and response data ("User Information"). When you receive your confirmation email or when you receive any email from the list server, you will be given instructions on how to remove yourself from the list.
2. Use of User Information.
We intend to use such information for purposes of supporting your and your employers relationship with Bogaard Distributors Pty Ltd by designing a web site content that is suitable to your needs and alerting you to new product and service offerings as they become available. This User Information may be retained by Bogaard Distributors Pty Ltd to verify compliance with the agreement between Bogaard Distributors Pty Ltd and your employer, to keep track of the domains from which people visit us, to create a user profile to better serve you and your employer, or to simply contact you either electronically or otherwise. If you decide that we should not use your personal User Information to contact you, please let us know and we will not use that information for such purpose. However, please do not submit any User Information if you are less than 18 years of age.
3. Disclosure of User Information.
Bogaard Distributors Pty Ltd does not sell, trade or transfer User Information to third parties. However, we may share User Information with our business partners for marketing, advertising or product/service offering purposes. For example, we provide User Information to our service providers for direct emailing of our newsletters, online surveys or notifications on Bogaard Distributors Pty Ltd Offerings to our viewers. We also disclose User Information if: we have your consent; we need to share it in order to provide you with the products and/or services you requested; we respond to a court order or you violate our Terms of Use. You may separately agree to provide your personal information to third parties that provide content for Bogaard Distributors Pty Ltd Offerings, in order to access and/or use their products and/or services. If you agree to provide such information to these third parties, then your personal information will be subject to their privacy policies.
4. Accuracy and Security.
The accuracy and security of the User Information is important to Bogaard Distributors Pty Ltd. Currently, you may review and request updates to your User Information retained by contacting Bogaard Distributors Pty Ltd. If you contact us to correct your User Information, we will attempt to correct such inaccuracies in a timely manner. Bogaard Distributors Pty Ltd is concerned with the security of your User Information and is committed to taking reasonable steps to protect it from unauthorized access and use of that personal information. To that end, we put in place the appropriate physical, electronic and managerial policies and procedures to secure your personal User Information. We also continue to implement procedures to maintain accurate, complete and current User Information.
5. Usernames and Passwords.
Access to certain content on our web site may be allowed under a written agreement between you or your employer and Bogaard Distributors Pty Ltd and will require a username and/or password. In some cases, failure to provide personal information may prevent you from accessing certain Bogaard Distributors Pty Ltd web site(s) containing certain confidential information, products, services, or promotional offers ("Bogaard Distributors Pty Ltd Offerings"). By accessing and using our protected and secured web site(s), you agree to maintain the confidentiality of the username and password you selected to access such site(s) and consent to our Terms of Use.
6. Cookies.
Bogaard Distributors Pty Ltd uses "cookies". A cookie is a small data file that a web site can transfer to a visitor's hard drive to keep records of the visits to such site. A cookie contains information such as your username and password that helps us recognize the pages you have visited and improve future visits, but the only personal information a cookie can contain is the information that you provide yourself. A cookie cannot read data off of your hard drive or read cookie files created by other sites. Information stored in cookies may be encrypted, however, we do not store your credit card number in cookies. If you prefer not to accept a cookie, you can set your web browser (Microsoft Internet Explorer or Netscape Navigator) to warn you before accepting cookies or you can refuse all cookies by turning them off in your web browser. However, access to some of our secured web site(s) may require the use of cookies, which you must enable only cookies that get sent back to the originating server. Otherwise, you can still access most of the features on our web site even without accepting a cookie.
7. External Links.
Bogaard Distributors Pty Ltd web site provides links to other third party web sites. Even if the third party is affiliated with Bogaard Distributors Pty Ltd through a business partnership or otherwise, Bogaard Distributors Pty Ltd is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only and you access them at your own risk.
8. Terms of Use.
Please also see our Terms of Use, which describes the restrictions, disclaimers, indemnification and limitation of liability governing the use of the entire Bogaard Distributors Pty Ltd web site.
9. General.
If you have questions regarding our Privacy Statement, please contact Bogaard Distributors Pty Ltd via our Contact page.
Terms of Use
1. Introduction and Acceptance of Terms of Use.
Bogaard Distributors Pty Ltd offers you a wide range of content, communication tools, forums, and information about its products and services ("Materials") via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which Bogaard Distributors Pty Ltd may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Bogaard Distributors Pty Ltd may, at its sole discretion, terminate your access to this web site at any time without notice.
2. Limited Right to Use.
This web site is owned and operated by Bogaard Distributors Pty Ltd. Unless otherwise specified, all Materials on this web site are the property of Bogaard Distributors Pty Ltd and are protected by the copyright laws of Australia and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by Bogaard Distributors Pty Ltd on this web site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Bogaard Distributors Pty Ltd. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
3. Communications.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Bogaard Distributors Pty Ltd ("Feedback") will be deemed, at the time of communication to Bogaard Distributors Pty Ltd, the property of Bogaard Distributors Pty Ltd, and Bogaard Distributors Pty Ltd shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
4. Access to Password Protected or Secured Areas.
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
5. Monitoring.
Although Bogaard Distributors Pty Ltd is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. Bogaard Distributors Pty Ltd will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Bogaard Distributors Pty Ltd will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.
6. Links to Other Sites.
The linked sites are not under the control of Bogaard Distributors Pty Ltd and Bogaard Distributors Pty Ltd is not responsible for the content of any linked site or any link contained in a linked site. Bogaard Distributors Pty Ltd reserves the right to terminate any link at any time. Bogaard Distributors Pty Ltd may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Bogaard Distributors Pty Ltd DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, FAULTS AND OMISSIONS, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
7. Trademarks.
The trademarks, service marks and logos of Bogaard Distributors Pty Ltd and others used in this web site ("Trademarks") are the property of Bogaard Distributors Pty Ltd and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Bogaard Distributors Pty Ltd or the respective owner.
8. Indemnity.
You agree to indemnify, defend and hold Bogaard Distributors Pty Ltd harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site and/or any linked sites.
9. Limitation of Liability.
IN NO EVENT SHALL BOGAARD DISTRIBUTORS PTY LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR ANY INTERUPTION TO THE SITE/S OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF BOGAARD DISTRIBUTORS PTY LTD OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE.
You use this website completely at your own risk. Bogaard Distributors Pty Limited accepts no liability for any interference to your computer system, software or data occurring in connection with or relating to that use. You are encouraged to take appropriate and adequate precautions, such that whatever you select from this website is free of viruses or other contamination that could damage your computer system, software or data.
10. Disclaimer.
Bogaard Distributors Pty Ltd assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Bogaard Distributors Pty Ltd is not responsible for supplying content or materials from the web site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY NEGATIVED.
11. Applicable Laws.
These Terms of Use are governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning the Terms of Use.
12. General.
If you have any questions regarding the Terms of Use, please contact Bogaard Distributors Pty Ltd via our Contact page.
Refunds and Exchange Policy
We anticipate that the purchases our customers make will meet their expectations of quality, function and design. If, however, you are not satisfied with the product purchased,
contact us.
The following is a guide to our general policies in relation to the provision of refunds and exchanges. Refer also to the
Returned goods section of our
conditions of sale.
Where We Will Provide an Exchange or Refund
As required by the Australian Trade Practices Act we will accept the return of goods and provide a full refund (including shipping costs) where:
- the goods are not the item ordered (incorrect supply) or
- the goods are defective when supplied or
- the goods differ from the advertised description or
- the goods are not fit for their intended purpose.
Where any of the above have occurred,
contact us.
For Australian customers, more information about your rights and obligations can be obtained at:
AUSTRALIAN CAPITAL TERRITORY
ACT Office of Fair Trading
NEW SOUTH WALES
Office of Fair Trading NSW
NORTHERN TERRITORY
Department of Justice - Consumer Affairs
QUEENSLAND
Office of Fair Trading Queensland
SOUTH AUSTRALIA
Office of Consumer and Business Affairs
TASMANIA
Consumer Affairs & Fair Trading
VICTORIA
Consumer Affairs Victoria
WESTERN AUSTRALIA
Department of Commerce - Consumer Protection
Where We Will Not Provide and Exchange or Refund
We are not required to exchange goods or provide a refund where:
- a customer has changed their mind about the goods.
- the goods are unsuitable because the wrong item or type of goods have been ordered. If you are in any doubt about the correct item required, contact us before ordering.
- the goods have been damaged after the customer bought them. Where this has happened, the goods may be covered by our warranty.
- the goods are used.
If we agree to accept the return of goods and provide a refund in circumstances other than those covered in the ‘
Where We Will Provide and Exchange or Refund’ section, the following conditions will apply:
- approval to return the goods must be obtained from us and a return approval number obtained prior to their return.
- the returned goods must be accompanied by a copy of the purchase documentation, including our invoice, the payment receipt and written advice about the reason for the return including the return approval number.
- the refund will only be provided when the goods have been received by us and we have inspected them to determine whether they are in ‘as sold’ condition. This includes damage to the packaging. Where either the goods or packaging are damaged, either a partial or no refund will be provided.
- the cost of original shipping by us will not be refunded.
- the cost of return shipping to us is required to be arranged by the customer at their cost.
WARRANTY
Refer to the Guarantee section of our conditions of sale.
INCONSISTENCY OF TERMS
Each purchase made via our website is subject to our usual
conditions of sale. In the
event of any inconsistency between these policy terms, and our normal trading terms
and conditions, the latter shall apply.
Delivery and shipping information
SAFE CREDIT CARD PROCESSING
Each purchase made via our web site is completely safe. When you submit an order your credit card number is protected by SSL encryption, which means it cannot be read as it travels from your computer to our secure server. Credit card validation is performed using the regular EFTPOS network. Once your credit card has been processed, the card number is removed from our computer and we keep no further record of it.
CURRENCY
All prices on this web site are shown in Australian dollars.
TAXES ON AUSTRALIAN ORDERS
All Australian orders are subject to Goods and Services Tax on both the goods and freight. This is included in the prices shown.
TAXES & DUTY ON INTERNATIONAL ORDERS
International orders may be subject to local taxes and customs duties in addition to the purchase price. These are payable once your shipment reaches its destination country. Please refer to your local authorities for more information. These additional charges are the responsibility of the buyer and we accept no responsibility for their payment. We provide correct descriptions and values on the required documentation with all goods shipped. We will not falsify any information about the type of goods, their details, their value or suppress tariff codes or country-of-origin information.
SHIPPING POLICY
All goods are shipped by:
- Express Post to delivery addresses in Australia.
- Express Courier International Merchandise or
- Registered Post International to delivery addresses in other countries, including New Zealand.
All of these shipping services are provided by
Australia Post. For international orders (including to New Zealand) we recommend that Express Courier International Merchandise shipping is used as this provides tracking of the shipment. We will not accept responsibility for non-delivery of shipments where tracking is not available.
We aim to dispatch stock items within 2 working days of receipt of your payment. You can typically expect to receive orders within:
- 3 working days after dispatch to delivery addresses in Australia.
- 3 - 10 working days after dispatch to delivery addresses in New Zealand.
- 3 - 10 working days after dispatch to delivery addresses in other countries.
These delivery times are estimates and are based on the times provided by
Australia Post on their web site. They do not take into account unexpected delays such as inspection or holding by customs or local authorities in the delivery country.
All of our shipping methods allow them to be tracked by us. If goods purchased have not been delivered within 5 working days after the above shipping times,
contact us and we will attempt to locate them.
Delays in shipping (after dispatch by us) are outside our control and we cannot take responsibility for them.
TEMPORARY STOCK SHORTAGES
On occasions where a product may be temporarily out of stock, we will contact you either by telephone or email to find out whether you wish to:
- wait until the item is in stock.
- accept another item which is in stock.
- accept a refund.