Terms of Order Placement
Terms of Order Placement
The Terms and Conditions of use of our Site are incorporated into these Terms of order. The Terms and Conditions of use of our Site are available here.
In these Terms of order, the following definitions apply:
Betta retailer(s) are references to the individual retail businesses (or part of such businesses) operating under the Betta Home Living and Furniture Zone brands either as corporate stores of BSRF or under licence from BSRF;
BSRF, We & Us means BSR Franchising Pty Ltd ABN 21 122 556 094, which owns and operates the trade marked brands Betta Home Living and Furniture Zone;
Club Betta Member means where you create a login to the Site by registering your personal details;
Guest means where you purchase a product without creating login by becoming a Club Betta Member;
Order means an order placed via the Site;
Personal Information has the meaning given to it under the Privacy Act 1988 (Cth);
Related Entity has the meaning given to it under the Corporations Act 2001 (Cth);
Site means www.betta.com.au website.
Terms means these terms of order;
You and Your means the site user;
If you use the Site, 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.
To purchase goods via the Site, you may create an account by becoming a Club Betta member or checking out as a Guest.
If you check out as a Guest, full access to functionality on the Site may not be available to you including order history, order status, address book and receipt of additional marketing communications.
Regardless of whether you become a Club Betta Member or check out as a Guest you warrant that the details you provide to Us are accurate and correct and you accept the responsibility that fulfilment of your order is dependent on the information you provide being correct.
The Site is intended for use by persons 18 years of age or older. Users under the age of 18 should seek the assistance of a parent or guardian to use this Site.
For privacy and security reasons, BSRF is unable to lookup or issue new passwords to account holders or assist account holders to change their password. You must contact us immediately if you believe someone else has access to your account.
We may use third-party software to verify your account or account details.
We reserve the right to modify or terminate your accounts and/or orders where the information provided is discontinued or obsolete, incomplete, incorrect, misleading, inactive for a reasonable period, or we have not been able to contact you using the information provided with your account, and/or where we believe your account is being used for purposes that do not comply with these Terms of Order or the Terms and Conditions of use of our Site.
We reserve the right to modify or terminate an account or your account details at our absolute discretion, including the right to delete, merge or amalgamate duplicate accounts held by you.
Placing an Order for Products
You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified at the time you place the order.
We may ask you to provide additional details, including proof of identification, or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Paying For Your Order
You may pay for your order using the following payment methods: Visa, MasterCard, PayPal, Afterpay, Humm and Zip.
Payment processing services offered via the Site are outsourced to third party providers. If we do not receive or are unable to successfully process payment in full for your order for any reason, we will cancel your order.
Where we choose to use third-party services in conjunction with this Site, including secure payment options for purchasing goods from the Site, you may also be required to create and maintain a separate account that may include Personal Information and financial account details.
If you choose to pay by Visa or MasterCard credit card or debit card, you authorise us to debit the amount that is payable for an accepted order from your nominated card.
You will be required to provide us with the following details on your Visa or MasterCard: card type, name on card, card number, 3-digit card verification value (CVV2) and the card expiry date.
You must not pay, or attempt to pay, for products or services through any fraudulent or unlawful means.
We collect your payment on behalf of the relevant Betta retailer. All other arrangements and obligations with respect to your purchase of the product/s and/or services remain with the Betta retailer which is set out on the tax invoice you receive with your ordered product/s and/or services, including product warranties and servicing.
After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address.
We reserve the right to reject any order you place with us for any reason whatsoever. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
The availability of products and services on this Site are subject to change without notice. No commitment to stock availability is made on our Site.
We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. These restrictions may include orders placed by the same account, the same credit card, and orders that use the same billing address.
In the event we reject an order, make a change to an order or limit an order we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.
We reserve the right to limit or prohibit sales to dealers or any commercial enterprise.
If we are unable to supply all items listed on your order, these terms and conditions will apply to the supply of all or part of the order.
We may backorder goods on your behalf if for any reason we are unable to supply any or all items listed on your order. Where a backorder has been placed on your behalf, we will contact with you by phone following delivery of the backordered good at the Store. All backorders are subject to stock availability with our supplier.
We reserve the right to cancel an order if you are unable to prove that you are the customer (or agent/representative of the customer) listed on the order, or if you are ineligible to purchase goods sold on the website due to age restrictions. We reserve the right to not provide stock if proof of purchase, identity or age cannot be produced. To comply with our legal obligations you acknowledge that we may be required to retain a copy of any identification provided.
Cancelling An Order
Prior to dispatch of your order, you may cancel your order by sending an email to email@example.com or contacting the Betta retailer with whom your order was placed.
If your order has been dispatched, you will need to return the product/s the subject of your order to the store from which it was purchased, along with the tax invoice for the transaction and proof of your identity. The applicable Betta retailer will refund your payment in accordance with our Returns Policy, which is available here.
We reserve the right to charge an administration fee to cover our reasonable costs in respect of your cancelled order.
In Store Pick-up
You will be contacted when your order is ready to be collected if you have elected to collect your purchase in store. You will be contacted when your order is ready to be collected if you have elected to collect your purchase in store. Your purchased items are not available to pick up from any store other than the store at which you made your online purchase, unless otherwise advised. To protect both you and us from fraud, at the time of picking up your purchase you will need to be able to prove your identity as the customer making the purchase by presenting:
- The notification emailed to you at the time of purchase;
- A current Australian Drivers License, Australian Passport or other form of Australian State or Federal Government issued ID. These are the only forms of valid ID accepted for in store pick up; and
- If a credit card is used to pay for the transaction, the credit card used to make the payment.
To protect you and us from fraud you are unable to nominate an agent or representative to collect goods on your behalf in respect of transactions that exceed $500.
Any request to deliver purchases to a delivery address or another Betta retailer for pick up may incur delivery costs.
Title to the products purchased remains with the applicable Betta retailer until all monies payable (including any interest, freight or insurance charges) have been paid and cheques, direct deposits or BPAY funds have cleared. Risk in the products the subject of the transaction passes to you at the time of collection or the time of dispatch of the Products from a Betta retailer.
For further information regarding delivery and the applicable fees and charges, please refer to Delivery Information.
Collection delays. We will make every reasonable effort to contact you if you do not pick up your goods from the selected Betta retailer store within 7 days of placing your order or another specified time.If the products listed on the original order are no longer available at the time of collection, then a substitute product of similar specification and equal (or lower) cost may be supplied, with any difference in cost refunded.If you fail to collect your order within 2 weeks of making your purchase we or the applicable Betta retailer may, at our election:
- impose a daily storage fee (“storage fee”) for each day you do not collect your purchase over 2 weeks from the date of the online transaction. The storage fee must be paid when you collect your purchase or your purchase may not be released to you; or
- allocate the purchased goods to another customer order and refund to you the purchase price less an administration fee; or
- contact you using the contact information provided at the time of placing your order and provide you with notice advising you that if your purchase is not collected within the prescribed time we will dispose of your purchase pursuant to the Disposal of Uncollected Goods Act 1967 (Qld) or the relevant legislation in the applicable State or Territory.
Prices and offers are subject to change without notice.
The price for goods bought from your preferred Betta retailer on the Site may be lowered after your order has been accepted and payment processed. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and payment for the order made.
Prices displayed on this Site are in Australian Dollars ($AUD) and are inclusive of Goods and Services Tax (GST).
Advertised “Web-only” specials and promotions are only available via purchases made on this Site. Betta retailers are not required to, but may, price match offers made on this Site at their sole discretion.
All coupons, promotional codes, bonus offers or redemptions (Bonus Offers) have different entry requirements, terms, conditions, and rewards (Conditions of Entry). Please check the Conditions of Entry to verify how to claim any Bonus Offer. The Conditions of Entry for any Bonus Offer will be listed separately to the Terms and Conditions.
The Conditions of Entry in conjunction with a Bonus Offer will state the value of the offer, how to redeem the offer and must be met to receive the Bonus Offer.
There is a limit of one Bonus Offer per household. Each Bonus Offer is intended for single use only and is valid for the limited time specified in the Bonus Offer or Conditions of Entry. Some Bonus Offers may not be combined with other Bonus Offers in the same order. Generally, only one Bonus Offer may be used per order.
At times, Bonus Offers may require you to use facilities other than this Website. The Conditions of Entry for any Bonus Offers made by suppliers or other third-party service providers are offered at the discretion of that supplier or third-party service provider and are not endorsed by us.
Bonus Offers are not available for resale and cannot be replaced if the evidence required to meet the Conditions of Entry are lost, stolen or deleted.
Bonus Offers that are required to be redeemed at the time of purchase cannot be applied retrospectively. If a Bonus Offer is redeemed and your entire order is cancelled or rejected, or if you return all items in your order, you will be refunded the actual amount paid and your Bonus Offer will no longer be valid.
We reserve the right to vary or discontinue a Bonus Offer or the Conditions of Entry for a Bonus Offer at any time.
Using Gift Cards
Gift cards, unlike credit or debit cards, are debited at the time an order is placed. These cards will automatically be redeemed when used at the time of purchase, up to the total purchase amount or gift card amount, whichever is the lesser. In the event the total purchase amount exceeds the value of the gift card, you will be required to use another form of payment for the remaining part of the total purchase amount.
Using Promotion Codes
Promotion codes can be redeemed during checkout to provide discounts and special offers as outlined by the specific terms and conditions for each promotion code. Even if not stated in the specific promotion code terms and conditions by default the following items are NOT valid for purchase using a promotion code; gift cards, iTunes cards and warranties. We reserve the right to cancel and refund any orders that are placed containing these items.
Termination Of Use
We may, in our sole discretion, terminate your account or your use of the Site at any time without notice and for any reason whatsoever. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice for any reason whatsoever.
You represent and warrant to us that:
(a) you have the legal capacity to understand and accept these terms;
(b) you are an individual 18 years or over;
(c) you are purchasing products for domestic use and not for commercial resale; and
(d) you will not add any content to this Site except information we request of you.
The Betta retailer with whom your order is placed may put you in touch with a licensed third-party installer.
BSRF and Betta retailers do not administer or carry out any installations, and accept no liability or responsibility for any product installation whatsoever. You should confirm all charges and terms and conditions of installation directly with the licensed third-party installer prior to any installation being carried out. We recommended you have necessary electrical work performed by a licensed contractor prior to any installation service being performed.
BSRF or the relevant Betta retailer shall be entitled to assign or subcontract all or any of its rights and obligations in any Order terms to any third party without your consent. However, you may not assign or subcontract any of your rights and obligations in any Order.
The Betta retailer will use its best endeavours to deliver timely service, notwithstanding unpredictable scheduling increases, unscheduled transport or illness problems and other factors beyond the control of the Betta retailer including but not limited to power failure, technical breakdowns, and acts of God (e.g. pandemic, flood, fire, storm).
Limitation of Liability
Nothing in these terms and conditions is intended to limit or exclude any provisions of the Competition and Consumer Act 2010 (Cth) or other similar state or territory laws (Consumer Law). In the event of any inconsistency between these Terms and the Consumer Law, the Consumer Law will prevail.
To the extent permitted by law and subject to your rights and remedies under the Consumer Law, you acknowledge and agree that BSR Franchising Pty Ltd its Related Entities or any Designer Appliances Gallery shall not be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expense, costs, data loss or corruption, or liability arising out of, or related to, the services provided by the Designer Appliances Gallery or the installation, use of, or inability to use your products.
You release and hold harmless BSRF and its Related Entities and Designer Appliances Galleries from and against any loss, liability or damage that you or the owner or lessee may suffer. Subject to the Consumer Law, the liability of BSRF its Related Entities and the applicable Designer Appliances Gallery, is expressly limited to the cost replacement of the product or the reperformance of the applicable service.