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").
By offering to buy any Goods from Bing Lee or using any website operated by Bing Lee including binglee.com and binglee.com.au (collectively "Website"), the Customer accepts and agrees to be bound by these Terms.
- Bing Lee will deal with claims for return of Goods in accordance with Bing Lee's Returns Policy which is available from Bing Lee on request or https://www.binglee.com.au/returns-policy. By using the Website or offering to buy any Goods from Bing Lee, the Customer accepts and agrees to be bound by the Returns Policy.
- All prices displayed by Bing Lee are in Australian dollars and include Goods and Services Tax where applicable.
- Prices may not include delivery, handling and restocking charges.
- Any accessory shown in any image of Goods is not included in the price unless otherwise stated.
- A published saving in respect of Goods is by reference to the lower of the recommended retail price of the manufacturer or the normal ticketed price of those Goods as offered by Bing Lee immediately before the relevant promotion.
- Images of Goods are illustrative only and may vary from the goods described or offered for sale.
- Images of Goods shown without any advertised price alongside the image are not offered for sale by Bing Lee.
- Bing Lee reserves the right to correct any error or omission in any publication or promotion of Goods including on the Website.
- Advertised prices displayed by Bing Lee for Goods, including on the 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.
- The Customer must pay any specified delivery charge notified through the Website or otherwise at the time an order is placed by the Customer.
- 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.
Competitor Pricing Policy
- Bing Lee will match Competitor Pricing in accordance with Bing Lee's https://www.binglee.com.au/competitor-pricing-policy.
Payment and Interest
- All payments for Goods and delivery must be made in full prior to delivery.
- Overdue amounts owing to Bing Lee will be subject to interest calculated at the rate of ten per cent (10%) per annum.
- 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
- Bing Lee will provide the Customer with a "proof of transaction" and if requested, an itemised bill in accordance with the Australian Consumer Law made under the Competition and Consumer Act 2010 (Cth) ("Act").
Collection and Delivery
Bing Lee's Collection and Delivery Information can be found https://www.binglee.com.au/delivery-details.
Website Verification Procedures
- 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 drivers 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.
- 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.
- 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.
- The risk of loss or damage to the Goods will pass to the Customer on delivery.
Warranties, Conditions and Guarantees
- Subject to clause 25, 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.
- Despite clause 24, 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.
- Subject to clause 25, 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.
- Subject to clause 25 and clause 26, 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
- 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.
- 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
- 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.
- 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.
- The Contract incorporating these Terms constitutes 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.
- If a court determines that a word, phrase, sentence, paragraph or clause of this deed is unenforceable, illegal or void, it is severed and the other provisions of this deed remain operative.
- The Contract and these Terms cannot be varied without Bing Lee's written consent.
- 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.