Welcome to Bing Lee Electrics Pty Limited ABN 61 000 733 488 ("Bing Lee") websites "binglee.com" and "binglee.com.au" (collectively "Website").
2. By using the Website, including by making any offer to purchase through the Website, you:
(a) represent to Bing Lee that you are over the age of eighteen (18) years;
(b) agree not to engage in any activity which may disrupt the Website or the electronic systems used to support it;
(c) consent to Bing Lee, in its absolute discretion, monitoring and restricting your access to the Website;
(d) agree that you use the Website at your own risk;
(e) undertake not to attempt to circumvent any security system used in connection with the Website; and
4. Bing Lee will not be liable for any loss or damage you suffer by:
(a) the use of the Website or a linked website; or
(b) any breakdown or interruption to the Website.
5. Bing Lee makes no representation that the Website or its contents complies with any applicable law outside Australia.
6. Images of goods published on the Website without an advertised price beside the image are not offered for sale.
7. Photographs are illustrative only and may vary from the goods described or offered for sale.
8. The Website may display the products or services of a party other than Bing Lee including in the course of promotions, events and competitions ("Third Party Advertising"). No representation or warranty is made or given by Bing Lee in relation to Third Party Advertising and you agree that Bing Lee will not be liable to you for any loss or damage you suffer in reliance on any representation, error or omission in any Third Party Advertising.
9. The contents of the Website is Bing Lee's intellectual property and subject to copyright. Other than as permitted under the Copyright Act 1968 (Commonwealth of Australia) or by any applicable law governing Bing Lee's dealings with you, you must not modify, reproduce, broadcast, print, publish or create any derivative works from any part of the Website without Bing Lee's written consent.
Linked Websites or Content
10. Bing Lee makes no representation about any website or content accessed through a link on the Website. The fact that the Website contains links to other websites does not constitute any endorsement by Bing Lee of the relevant website or the goods or services promoted through it. You agree that Bing Lee will not be liable to you for any loss or damage you suffer by the use of any website not maintained and controlled by Bing Lee.
11. Except as mandated by law in Australia, no warranty is given by Bing Lee about the accuracy or completeness of the contents of the Website. The information on the Website is of a general nature and should be used accordingly.
12. Bing Lee cannot guarantee:
(a) the security of your data transmitted over the internet; or
(b) that the data you receive from Bing Lee will be secure, virus free or will not damage or interfere with your computer systems.
13. You should take steps to ensure the security of your systems when using the Website. Bing Lee will not be liable to you for any loss or damage you suffer from viruses, malicious computer code or other forms of electronic interference
14. Please report to Bing Lee any suspected interference or damage to your electronic systems arising from your use of the Website or any linked website.
Cookies and Web Beacons
Terms Of Sale
These terms of sale ("Terms") govern each quotation and agreement ("Contract") formed on acceptance of an order placed by a customer ("Customer") with Bing Lee Electrics Pty Limited ABN 61 000 733 488 ("Bing Lee") for the supply of goods and/or services ("Goods").
Payment and Interest
2. Bing Lee reserves the right to require payment for Goods and delivery in advance of delivery.
3. Overdue amounts owing to Bing Lee will be subject to interest calculated at the rate of ten percent (10%) per annum.
4. In the event that the Customer fails to pay for Goods in accordance with these Terms, the Customer must, if requested, return the Goods to Bing Lee at the Customer's cost.
Proof of Transaction
5. Bing Lee will provide the Customer with a "proof of transaction" and if requested, an itemised bill in accordance with the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) ("Act").
Delivery and Inspection
6. Changes to delivery details by a Customer must be notified to the store from which the Goods were purchased at least one (1) business day before the scheduled delivery date. The Customer must be present to accept delivery of Goods at the nominated delivery address on the scheduled delivery date. To minimise disruption, Bing Lee's carriers will contact the Customer on the morning of delivery with an approximate delivery time.
7. Delivery times and dates provided by Bing Lee are approximations only. Bing Lee will not be liable for any loss or damage suffered by a Customer due to any failure to supply the Goods by a specific time or date. Unless otherwise agreed, when the Customer has nominated an address for delivery, delivery to that address will satisfy Bing Lee's delivery obligations under the Contract. An additional delivery charge will apply if Goods are not delivered because the Customer was not present at the nominated address on the scheduled delivery date. Bing Lee may, in its absolute discretion, suspend or cancel delivery if the Customer is overdue in any payment to Bing Lee or in breach of these Terms.
8. If the Customer chooses a delivery service that includes the removal of the old product, the Bing Lee's carriers will, at their sole discretion, only agree to do so provided the carrier is satisfied the removal can be undertaken safely with due care and diligence.
9. The Customer must notify Bing Lee within 24 hours of delivery of any damage to Goods or if the Goods are inconsistent with the Customer's order. Failing such notice, and to the extent permitted by law, the Customer will otherwise be deemed to have accepted the Goods.
10. Subject to the rights of a "consumer" under the Act, title to Goods will remain with Bing Lee and not pass to the Customer until the Customer has paid all amounts owing to Bing Lee by the Customer on any account.
11. If the Customer sells Goods contrary to Bing Lee's title, the Customer agrees to hold the proceeds of sale as trustee for Bing Lee. Bing Lee will be entitled to recover all proceeds held on trust and the Customer agrees to bear the costs of such recovery action.
12. The risk of loss or damage to the Goods will pass to the Customer on delivery.
Warranties, Conditions and Guarantees
13. Subject to clause 14, these Terms set out the full extent of Bing Lee's liability in respect of the supply of Goods and there is no warranty, condition, guarantee or other term binding on Bing Lee except as expressly stated in these Terms or the Contract. Any warranty, guarantee, condition or other term concerning the supply of Goods implied by law or otherwise is expressly excluded to the extent permitted by law.
14. Despite clause 13, nothing in these Terms will be construed to exclude, restrict or modify any non-excludable condition, warranty, guarantee, right or liability applicable to the Contract by law, including under the Act, where to do so would be illegal or render any provision of the Contract or these Terms void or unenforceable
15. Subject to clause 14, Bing Lee will not be liable under the Contract to the Customer for any loss of income, profit, opportunity or data or any indirect, consequential, punitive or exemplary loss or damage in respect of the supply of the Goods or otherwise.
16. Subject to clause 14 and clause 15, the Customer and Bing Lee agree that Bing Lee's maximum aggregate liability to the Customer will not exceed the amount paid by the Customer to Bing Lee for the Goods.
Authorised Sales Agency
17. Bing Lee acts as an authorised sales agent for certain manufacturers including Miele and Asko. Where Bing Lee acts as a sales agent, the relevant product is sold and invoiced by the manufacturer and the sale is subject to the manufacturer’s terms and conditions of sale. These Terms will not apply where Bing Lee acts only as a sales agent. Manufacturer’s terms and conditions of sale are available in hard copy from Bing Lee upon request or from the relevant manufacturer’s Australian website.
19. Bing Lee may cancel or suspend any sale or delivery of Goods ("Transaction") in the event of any unforeseen occurrence, delay or non-performance which, in Bing Lee's opinion, renders the Transaction impractical or uneconomic. Such events include things related directly or indirectly to war, terrorism, strike, lockout, delay or default of a manufacturer or supplier, act of God, an electronic attack on electronic systems, failure or interruption of any electronic system or essential service, such as electricity supply, internet, communications and payment systems and any other cause beyond Bing Lee's control.
Goods and Services Tax
20. In these Terms, "GST", "supply", "taxable supply" and "tax invoice" have the meaning given to such terms in A New Tax System (Goods and Services) Tax Act 1999 (Cth) and "GST" also includes any penalties or additional tax imposed in relation to the GST payable on the supply of Goods. Any amount payable under these Terms is inclusive of GST if there is a taxable supply.
21. If the amount of GST applicable to a sale made to the Customer differs from the amount of GST the Customer has paid for the Goods, then the amount of GST payable by the Customer will be adjusted either by further payment by the Customer or repayment by Bing Lee to the Customer of the amount of the adjustment as the case may be.
22. The Contract and these Terms constitute the entire agreement between Bing Lee and the Customer in respect of the supply of the Goods and supersedes all prior agreements and understandings between the parties in connection with that supply.
23. The Contract and these Terms cannot be varied without Bing Lee's written consent.
24. The Contract will be governed by the laws of New South Wales and Bing Lee and the Customer submit to the non-exclusive jurisdiction of the courts of that State.
Additional Terms only applicable to electronic transactions through binglee.com and binglee.com.au ("Website")
Offer to Purchase
26. By clicking the "Checkout " button on the Website, you offer to purchase from Bing Lee the items shown in your digital "Shopping Cart".
Additional Delivery Conditions
28. Prices displayed on a Bing Lee Website are subject to change without notice. The price of an item once ordered is fixed once the order is accepted by Bing Lee. Subsequent price changes (either up or down) will not apply to accepted orders. All pricing displayed on the Website is for online purchases only and may not be matched at a Bing Lee physical retail location and vice versa. The Customer must pay any specified delivery charge notified through the Website at the time an order is placed by the Customer.
29. Bing Lee will match Competitor Pricing in accordance with Bing Lee's Policy which can be found here.
30. When a Customer places an order and pays by either credit card or PayPal an email may be sent to the Customer from the processing team requesting further information, such as a copy of the credit card and driver licence for identification. After verification, this information will be destroyed. If the Customer does not provide the requested information within 7 days, the order may be cancelled and the payment refunded by the same method of payment. Information requests are made to help reduce the incidence of fraud.