Bathe Clearance Shop Terms and Conditions of Sale

1. About Bathe Clearance Shop (Bathe CS)

Your purchase of goods from the Bathe Clearance Shop on www.bathe.net.au (“Bathe CS”) is subject to these Terms and Conditions of Sale (“Terms”), the Bathe Clearance Shop Online Refund and Return Policy and the Bathe Clearance Shop Online Delivery and Dispatch Policy 

If you do not accept these terms, you must refrain from using Bathe CS or making a purchase from Bathe CS.

The goods described in the Bathe CS are available for you to make an offer to Bathe Pty Ltd (Bathe) to purchase at the specified price until otherwise removed from the website.

You and Bathe may enter into a sale contract for the sale and supply of products by you making an offer to Bathe via the Bathe CS to purchase goods at the specified price subject to these Terms.

2. User Agreement

By accessing and/or using the Bathe CS, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.

These Terms may be amended at any time without notice and your access to the Bathe CS may be terminated at any time without notice.  Your continued use of the Bathe CS following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended.  We recommend you review the terms for amendments each time you use the Bathe CS and before placing any Order.

3. Legal Capacity

You must be eighteen (18) years of age or over to purchase products from the Bathe CS.  Any Order and/or purchase made by you using the Bathe CS is an acknowledgement by you that you:

1. Are over the age of eighteen (18) years;
2. Accept these terms;

• Agree that you have entered into a legal contract with Bathe in relation to these terms; and

1. These terms, together with your order, constitute the entire agreement between you and Bathe for the supply of products.
2. Bathe reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed for any loss or damage Bathe may suffer as a result of a transaction entered into by a minor.

4. Orders

We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

Representations of products for sale made by Bathe via the Bathe CS do not constitute an offer to sell but an invitation to treat.

You and Bathe may enter into a contract for the sale and supply of products by you making an offer via the Bathe CS to purchase a product at the price advertised by the Bathe CS by:

1. Placing an electronic Order for the products using the Bathe CS;
2. You confirming the Order details in accordance with the procedure on the Bathe CS;

• You making payment in full (plus any applicable delivery charges) to the Bathe CS; and

1. The acceptance of that offer by Bathe;

Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.

When entering into a sale contract via the Bathe CS, you will be taken to have communicated your offer to purchase the product(s) only when;

1. Any requirements set out in these Terms have been met;
2. The electronic instruction containing the offer from you enters and is recorded in our database;

• A record is created and stored in our database; and

1. Bathe receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.

You acknowledge that:

1. The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Bathe for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
2. To the extent permitted by law, Bathe is not liable to you in any way for any loss or damage at all and however caused arising directly or indirectly in connection with the transmission of an electronic instruction through the Bathe CS or any failure to receive an electronic instruction for whatever reason;

• Bathe may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and

1. Bathe may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.

You will receive an email from Bathe as soon as practicable after you have confirmed your Order and made payment.  If you have any questions regarding your Order you may contact our Customer Service Team.

If your Order is not accepted by Bathe, Bathe will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

Bathe may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

Any representations made about stock availabilities are accurate to the last known stock level and are subject to change.  If Bathe cannot supply a particular product, Bathe will notify you by telephone or email as soon as possible.

Bathe will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from Bathe.

5. Price

1. Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges.  Prices are subject to change.
2. Each published saving in respect of a product is by reference to the normal ticketed price.
3. Images of products shown without any advertised price beside that image are not offered for sale.
4. Unless otherwise stated, any accessories shown in any image of products are not included in the price.
5. We reserve the right to correct any errors published on the website.

6. Payment

1. All payments must be made in full prior to delivery.
2. Payments must be made via the facilities made available in the Bathe CS and will be subject to any terms and conditions of these providers

7. Title and Risk in Goods

Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

8. PayPal and credit card fraud

To the extent permitted by law, Bathe will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorized manner.

9. Disclaimer and Indemnity

1. To the extent permitted by law, Bathe excludes all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
2. i) errors, mistakes or inaccuracies on the website;
3. ii) You acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;

iii)   personal injury or property damage of any kind resulting from your access or use of the website;

1. any unauthorized access to or use of the website’s secure servers;
2. any interruption or cessation of transmission to or from the website;

• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
• the quality or fitness for any purpose of any linked sites.

1. Except as expressly provided in these terms and to the fullest extent allowed by the law, Bathe and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
2. You will at all times indemnity, and keep indemnified, Bathe, including its directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
3. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).

10. Order Enquiries

If you have any query about the progress of your Order, please contact our Customer Service Team on (02) 95090000.  Please have your Order number handy as shown on the email confirmation.

11. Damaged or Faulty Products and Refund Policy

If any product ordered by you arrives damaged or is not of acceptable quality you may have:

1. Rights under our Online Refund and Return policy. (Link to policy)
2. Legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and or
3. To have the product replaced or to receive a refund of the price paid by you for the product.

If your order arrives damaged, please contact the Customer Service Team immediately.

12. Privacy and Personal Information

1. Our Privacy Policy (Link) available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth).
2. The privacy of your personal information is important to us.
3. Bathe and its third parties may collect personal information directly from you when you place an Order or when you contact our Customer Service Team. Personal information may include your name, residential and/or postal address, telephone number and email address.
4. Your personal information is not collected if you only browse this website.
5. Bathe may use your personal information for the purposes for which you give it and for its own internal purposes. You agree that Bathe and/or its third party may use your email address to send you messages concerning any Orders you place and information about the products sold via the Bathe CS that Bathe thinks may be of interest to you.   If you would prefer not to receive promotional or other material from Bathe please let us know and Bathe will respect your request.  You also agree that Bathe may contact you by telephone to arrange delivery or collection of your order.
6. You may request that Bathe remove your personal information from its database by emailing orders@bathe.net.au. ***
7. For further details about Bathe’s privacy practices please view the Privacy Policy (Link) on this website.

13. Force Majeure

Bathe will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

14. Governing Law

1. These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
2. If you access the website in a jurisdiction other than New South Wales, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Bathe makes no representations that the content of the website complies with the laws of any country outside Australia.

15. Severability

If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Bathe.

16. Transfer and Assignment

If Bathe merges, sells or otherwise changes control of its business or this website or Clearance Shop to a third party, Bathe reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Bathe has collected from you and agreements it has made with you.

17. Waiver

The failure by Bathe to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision.  Any waiver of any provision under these terms will only be effective if it is in writing and signed by Bathe.

August 2021