TERMS OF SERVICE

About These Terms and Conditions

In these Terms and Conditions:

"We", and "Us" and BRANDALLEY mean BRANDALLEY Pty Ltd. and "You" means you the customer. Products means goods sold by BRANDALLEY on this web site.

Price means the price at which the Products are sold on this web site.

Order means an order for Products on this web site.

Recommended Retail Price means a price for the Products for comparison purposes, as determined by clause 14 of these Terms and Conditions.

These Terms and Conditions together with your Order constitute the entire Contract between BRANDALLEY and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

BRANDALLEY is part of the BRANDALLEY PTY LTD

PLC. By signing up as a member to BRANDALLEY the member acknowledges that they will become a member of the BRANDALLEY PTY LTD of companies and agrees that they may be contacted by any of its subsidiaries. This does not affect a member's ability to unsubscribe from communications from these companies on an individual basis.

BRANDALLEY

BRANDALLEY is part of the BRANDALLEY PTY LTD by signing up as a member to BRANDALLEY the member acknowledges that they will become a member of the BRANDALLEY PTY LTD of companies and agrees that they may be contacted by any of its subsidiaries. This does not affect a member’s ability to unsubscribe from communications from these companies on an individual basis.

Copyright/Trademark Information

This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2015 BRANDALLEY. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of BRANDALLEY, BRANDALLEY Pty Ltd or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Colours

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Correction of Errors and Inaccuracies; Limitations on Quantity

Whilst BRANDALLEY makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase please see our returns policy for details on how to obtain a refund.

Indemnification

You must indemnify and hold BRANDALLEY and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify BRANDALLEY under this Section, BRANDALLEY will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without express written permission from BRANDALLEY.

Limitation of Liability

In no event shall BRANDALLEY or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Legal Capacity to Transact

By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If you are under the age eighteen (18) years you cannot place orders with BRANDALLEY. Should BRANDALLEY suffer any damage or other losses as a result of a transaction entered into by a minor, BRANDALLEY 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 BRANDALLEY.

Placing Your Order

You may place an Order by adding items to ‘My Cart’ on BRANDALLEY Website and clicking the "Check Out" 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 BRANDALLEY 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 BRANDALLEY 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 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. BRANDALLEY and its affiliates 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 your order status moves to dispatched in the My Account My Orders Section. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.

Payment Methods and Processing

BRANDALLEY uses PayPal Gateway Services) We also offer MasterPass payment solutions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.Our payment page is also fully PCI DSS compliant please visithttps://www.pcisecuritystandards.org/tech/ for more information.

GST
In this clause:
GST means GST within the meaning of A New Tax System (Goods and Services) Act 1999 (Cth) Subject to this clause, if GST is payable in respect of any supply made to you by BRANDALLEY, you will be liable to pay an amount equal to the GST payable (at the current prevailing rate) on the supply at the same time and in the same manner as the consideration for the supply is to be provided under these Terms and Conditions.

Direct Import Goods
In this clause:
Direct Import Goods means Products which are sourced directly from outside Australia and which are available through this web site and which are specifically labelled as Direct Import Goods.

Nominated Delivery Agent means Australia Post.

Import Order means an order for Direct Import Goods.

Supplier means a supplier located overseas which contracts with BRANDALLEY to provide the Direct Import Goods.

Taxes means value added taxes (including GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Direct Import Goods.

The amount payable for Direct Import Goods is shown on the BRANDALLEY web site in Australian dollars (exclusive of Taxes).

BRANDALLEY will be using the Nominated Delivery Agent for all shipping and delivery requirements, on your behalf. The cost of shipping and delivery will be charged separately from the price of the Direct Import Goods, at the time an Import Order is made and will be payable at the same time and in the same manner as the consideration for the Direct Import Goods is to be provided.

By placing an Import Order for Direct Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.

Direct Import Goods are sold to you on a Ex Works basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time the Supplier places the Direct Import Goods at your disposal at the Supplier's premises or another named place not cleared for export and not loaded on any collecting vehicle.

You acknowledge and agree that you will be recorded as the importer of record and will be the responsible party for any Taxes associated with the importation of Direct Import Goods.

You acknowledge that BRANDALLEY is not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods.

If your Import Order arrives in Australia and the customs value is greater than the ‘low value import threshold’ (currently A$1,000, subject to change at any time), you may be required to lodge a Customs Import Declaration and pay the relevant Taxes. For further information visit www.customs.gov.auFor Australian customs purposes, any number of Import Orders delivered by BRANDALLEY to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether the low value import threshold has been reached.

16. Priority Membership

Once Priority Membership has been used to purchase any item or enter a ‘Priority Members’ only sale, ‘Priority Membership’ is non-refundable.

Brandalley reserves the right in its sole discretion to cancel, terminate, modify or suspend the priority member package, and/or if necessary to provide alternative benefits to the same value as original benefits, subject to any written directions under applicable State or Territory legislation.

Prices
BRANDALLEY will use its best endeavours to list Products with the most competitive prices. BRANDALLEY reserves the right to change prices for Products displayed at the BRANDALLEY web site at any time.

Reference to Recommended Retail Prices on our website
Our Products are sourced from within Australia and international markets and as such some may not be available for sale in Australia. This means that there may be no Australia Recommended Retail Price for some Products. Where we have been able to establish that a Product is for sale in the country, we have used that products market price as the Recommended Retail Price. In other cases, a Recommended Retail Price has been established by converting the price in the market from which the goods were sourced into Australian dollars and adding an amount for freight packaging and handling. The exchange rate used in conversion to Australian dollars is that which is applicable at the time the goods are first landed in Australia as published by our bank.

Vouchers

Each 'BRANDALLEY Voucher' is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each 'BRANDALLEY Voucher' has an expiry date which cannot be modified.

The use of an 'BRANDALLEY Voucher' requires the total value of the order (excluding shipping and handling costs) to be higher than the monetary value of the discount given by the 'BRANDALLEY Voucher'. Some discount ' BRANDALLEY Voucher's may specify a minimum spend in order to be used. In this case, the monetary value of the order (excluding delivery costs) has to be higher than the minimum spend.

Under no circumstances can the value of a discount 'BRANDALLEY Voucher' be deducted from an order if that 'BRANDALLEY Voucher' is defective or out of date: no replacement 'BRANDALLEY Voucher's will be issued.

When an order is placed using a discount 'BRANDALLEY Voucher' and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item bought in such an order will be reduced by the value of discount attached to it.We reserve the right to modify or amend at any time these guidelines and the methods through which benefits are earned. We reserve the right to disqualify you at any time from participation in our BRANDALLEY Referral Program and remove any existing BRANDALLEY Vouchers from your account.

Additional Conditions related to Travel Vouchers

  • 1This voucher is issued by Brandalley Pty Limited , as agent for the Provider.
  • 2You must book your stay during the Booking Period, after which this voucher will lapse if you have not made a booking. Bookings must be made direct with the Provider. Their contact details appear above.
  • 3This voucher can only be redeemed by you, being the person named above. This voucher is non-transferable. You will need to produce a copy at check-in, together with photo identification (such as your passport). To redeem this voucher, you must be at least 18 years old.
  • 4This voucher is only valid for stays during the Travel Period, excluding any Black-out Dates. If the offer is for multiple nights, those nights must be taken consecutively. If you have bought multiple vouchers for this offer, there is no guarantee that you will be able to use them for consecutive periods.
  • 5All bookings are subject to availability.
  • 6If you try to make a booking during the Booking Guarantee Period and your preferred dates during the Travel Period are unavailable, you will be entitled to a full refund. You will be asked to provide evidence of your attempted booking if you apply for a refund. All refund claims should be made direct to customer service.
  • 7You will not be entitled to refunds for bookings made after the Booking Guarantee Period purely because your preferred dates are unavailable. Avoid disappointment by booking during the Booking Guarantee Period.
  • 8Flights and other travel are not included. Any applicable surcharges must be paid direct to the Provider.
  • 9Before booking airfares or incurring other travel expenses, please ensure the Provider has confirmed your accommodation booking.
  • 10Keep this voucher in a safe place. Replacements are not issued.
  • 11You may not use this voucher in combination with any other promotion or offer. This voucher may not be used in conjunction with existing reservations.
  • 12If the offer includes goods or services in addition to accommodation, those goods or services are offered subject to availability.
  • 13Once made, changes to your booking are not guaranteed and may involve additional charges. The Provider’s standard policy will apply.
  • 14The only circumstances in which you might be entitled to a refund are where:
    (a)you are unable to book your travel on your preferred date(s) during the Booking Guarantee Period; or
    (b)the Provider is or becomes unable to honour this voucher in accordance with its terms.
  • 15Subject to clause 15, any unused portion of the package is non-refundable and cannot be exchanged for other services or cash.
  • 16Travel insurance is strongly recommended.
  • 17You may need a valid visa to travel to some destinations. If you do not already hold a visa or you do not know whether a visa is required, you are encouraged to start making inquiries as soon as you can. Before travelling overseas, always visit www.smartraveller.gov.au.
  • 18If the Provider has other terms and conditions that apply to guests or other buyers of its goods and services, those terms and conditions apply to you.

Supply of Your Products

Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation. When your Order items have been dispatched, we will confirm shipment via the My Account My Orders section including a tracking number for each parcel.

Delivery of Your Products

As we source products from around the World delivery times will vary. We will use our best efforts to ensure your order arrives as soon as possible after the end of the sale. Delivery will be made via a number of partners and the estimated delivery times will be indicated within each specific sale according to the dispatch location. We use the best possible estimated dates given the information we have been provided by our suppliers and partners, however many factors are outside of our control and we cannot guarantee delivery within this time frame. Individual order status can be tracked in the My Account, My Orders section. We charge shipping and handling for each sale you purchase from unless otherwise stated on the website. Due to the nature of our business, we may consolidate orders where possible from more than one sale. For these orders shipping and handling charges will remain unaltered. Title and risk of loss to all products will pass to you on delivery unless otherwise specified in the Direct Import Goods Clause. For the avoidance of doubt, In the event that there is any ambiguity relating to the passing of risk and title to the goods, risk and title to the goods will pass to you on the first attempt at delivery irrespective of whether it was successful or not.

Authority To Leave

By selecting No and clicking Accept on our Signature on Delivery option you authorise the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.

Brandalley Pty Ltd and couriers associated with the delivery, do not accept responsibility for any loss or damage which results from the Authority To Leave delivery method. You agree to release Brandalley Pty Ltd from and against any and all claims, demands, liabilities, losses, costs and expenses if Authority To Leave is selected.

Should the courier be unable to leave the parcel or deem the location to be an unsafe area to leave the parcel or your instruction text is unclear, the courier may leave an attempted delivery card and return the parcel to their depot. Risk and title to the goods transfers to you after the first attempt at delivery irrespective of whether it was successful or not.

Your Rights To Return A Product

Only credits are offered if you have changed your mind about the product, made an incorrect choice, or failed to verify and accurately provide information when placing an Order.

Returns Policy
Change Of Mind
A Return Authorisation Number (RAN) is required for all returns.
You may be entitled to a credit, provided you return the item to us within 14 days of your order being dispatched.

The item must be returned to us in brand new condition, with the packaging and item being exactly as it was when you received it. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product.If the returned item is in a noticeably used condition, then a credit may not be offered. Clothing and footwear items may not be returned if they have been worn, or if sewing tags have been removed.Given the nature of the presentation of the products on the web and different types of displays and screens in use, colours, textures and fabrics shown on our Websites may slightly differ from the actual item. Return postage will be at your expense.

If eligible, we will issue you a Credit Voucher to the value of the item, once the item is returned and assessed.

We DO NOT hold stock and so cannot facilitate exchanges..

Faulty Items

If your item arrives Dead On Arrival or you find a defect arises after delivery please contact our Customer Service department. Each case will be assessed on case by case basis on its merits.Depending on the fault, you may be offered the choice of refund, repair or replacement of the item (subject to availability). Return postage of faulty items to be assessed will be at Brandalley’s expense.

Incorrectly Described Items

Brandalley works hard to present the products on our Websites as accurately as possible. As much as we try to avoid it, on some occasions the information on our Websites may contain inaccuracies. We make no warranty or representation that the information provided by our suppliers, including in relation to product descriptions, is correct, accurate, complete or reliable. However, please contact our Customer Service team if you have received an item that has not been correctly described.

In the event that it is verified that you have received an incorrectly described item you will be entitled to a remedy, which may include a full refund by your original method of payment.

Return postage of any incorrectly described items to be assessed will be at Brandalley's expense.

Some Products - Manufacturer Only Warranty

Some Products sold through Brandalley are serviced and supported exclusively by their manufacturer in accordance the warranty information provided on the listing.

The Australian Consumer Law provides that items which we supply come with guarantees that cannot be excluded. 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 the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Brandalley is not a manufacturer of products. However, in the event of a failure, our customer service staff would be happy to forward the relevant item to the manufacturer or any relevant agent and liaise with them on your behalf, if you so choose. However, it may be more convenient for you to liaise with the manufacturer directly. If you require any assistance in doing so, our customer service team would be happy to assist you.

For some items, manufacturer’s offer their own optional or additional warranties and these apply alongside your rights under the Australian Consumer Law. For items advertised and sold with optional of additional manufacturers’ warranties, please contact our customer service team who will assist you in procuring the repair or replacement of your product.

Computer Hardware - Exclusions and Limitations

BRANDALLEY is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any BRANDALLEY warranty. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, BRANDALLEY will not be responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or used with BRANDALLEY Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product. BRANDALLEY specifically does not represent that it will be able to repair any Product under warranty or make a Product exchange without risk to or loss of programs or data. Where a computing Product needs to be returned to BRANDALLEY for replacement or a refund, BRANDALLEY will in no manner whatsoever be responsible for any data you may leave on the computing Product.

Our Liability

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 the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us fail to meet a consumer guarantee under the Australian Consumer Law.

Without excluding, restricting or modifying the rights and remedies to which you may be entitles under the consumer guarantees provisions of the Australian Consumer law or our liabilities under those provisions:You acknowledge that we do not make any warranty or representation as to the suitability of Products for any purpose;

We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Products; and

We will not be liable to you for indirect and/or consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

Our liability to you for loss or damage of any kind arising out of this agreement or in connections with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability if in contract, tort (including negligence), under any statue or otherwise.

Your Data - Use And Protection

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 BRANDALLEY. Any unauthorized 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. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in BRANDALLEY for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option BRANDALLEY, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). 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. BRANDALLEY reserves the right to change the Terms and Conditions of sale at any time. No BRANDALLEY employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Miscellaneous

These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of Australia without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of BRANDALLEY. These Terms and Conditions (including all of the policies and other Agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and BRANDALLEY are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms and Conditions. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

Force Majeure

BRANDALLEY 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 BRANDALLEY, and BRANDALLEY 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 Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.