... read the small print!
Every quotation, price list or other similar document made or issued by Building Biology Services is made or issued subject to these general Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.
These conditions are governed by and construed in accordance with the laws of Australia. You agree, as we do, to submit to the non-exclusive jurisdiction of the Australian courts.
Your contract is with:
6 West Street
Leura NSW 2780
Tel: (02) 4784 3734
Building Biology Services will not pass on your personal or credit or debit card details to any third party (other than the bank, of course).
No contract for the sale of any product online will subsist between you and Building Biology Services unless and until Building Biology Services accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed for all purposes to have been effectively communicated to you at the time Building Biology Services sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Building Biology Services of your offer to buy goods from Building Biology Services. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
Building Biology Services at its absolute discretion may accept or reject any order for any reason whatsoever.
Building Biology Services warrants that the goods will at the time of delivery correspond to the description given by Building Biology Services . It is the responsibility of the customer to check the suitability of goods for any particular purpose before ordering. Building Biology Services hereby reserves the right to make without notice such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
Building Biology Services normal terms of business are for all payments to be completed before dispatch of goods. When payment is by cheque, clearance of cheques will result in delay in dispatch of goods. All prices include sales taxes (where applicable) unless otherwise stated. Delivery charges are made according to the information contained on the website. The contract will be deemed as active once payment has been received by Building Biology Services.
You undertake that all details you provide to Building Biology Services for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
Customers will be given an estimated date of dispatch when placing orders. If these dates are exceeded, Building Biology Services will endeavour to keep customers informed of the delay and an expected new delivery date.
Building Biology Services attempts to arrange shipment of all in stock items within 2 working days of receiving your order (for instrument hire, see below). Your order may be delayed if the item is not in stock. Some items may be unavailable.
Whilst every reasonable effort shall be made to keep to any delivery date, Building Biology Services shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Please note that your goods may be sent to you in instalments.
The customer shall report any damage to Building Biology Services in writing within 3 days of delivery (for instrument hire, see below). Provided prompt notice of damage is given and provided it is proved to Building Biology Services satisfaction that any damage occurred in transit in Australia but not otherwise, Building Biology Services will repair or replace the damaged part of the order free of charge to the customer. In the event of the customer deciding that a replacement or repair of the damaged item is not wanted, the item is to be returned, together with the original invoice, and Building Biology Services will refund the amount paid for the goods in question without the return expenses, and also with the exception of paint and personal items of clothing.
The customer shall report any shortage to Building Biology Services in writing within 3 days of delivery (for instrument hire, see below). The missing item will be sent free of further charge to the customer.
Building Biology Services will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed.
Any loss in transit is the customer's responsibility. If insurance is required, the customer shall inform Building Biology Services by email, and Building Biology Australia will make the necessary arrangements. The cost of insurance beyond what is naturally included by the freight company or courier will be carried by the customer.
The risk in the goods shall pass from Building Biology Services to the customer upon delivery of such goods to the customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until Building Biology Services has received in cash or cleared funds, payment in full for all goods delivered to the customer under this and all other contracts between Building Biology Services and the customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any sum payable under the terms of this and all other contracts between Building Biology Services and the customer under which the goods were delivered.
Should any product malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion) then all costs incurred by Building Biology Services in repairing such products and investigating the causes of the malfunction shall be payable to Building Biology Services .
Building Biology Services will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, terrorism, floods, droughts, riots, fire, legislation or other cause beyond Building Biology Services reasonable control. This does not affect your statutory rights. If Building Biology Services choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Under no circumstances shall Building Biology Services be responsible for any indirect, incidental or consequential damages.
Building Biology Services does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
Building Biology Services will do its best to correct errors and omissions as quickly as practicable after being notified of them.
You and Building Biology Services will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
The products sold on the Site are provided for domestic and consumer use only. Accordingly, Building Biology Services do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Building Biology Services.
The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Protection (Distance Selling) Regulations 2000. This legislation covers items bought where there is no direct contact between the supplier and the consumer.
If you have any questions or complaints regarding Building Biology Services, these can be addressed to the Customer Services department at the above address. Building Biology Services will endeavour to acknowledge written complaints within 5 working days. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that customers are informed of the progress of complaints as appropriate.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on the Building Biology Services website (www.buildingbiologyservices.com), and in our catalogue. Customers may want to print out copies of web orders for their records.
We provide occasional links to the websites of other organisations. We are not responsible for examining or evaluating their products or services, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Building Biology Services does not assume any responsibility or liability for the actions, products, and content of any of these.
When ordering goods from Building Biology Services for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Building Biology Services , you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
In these Terms, "Intellectual Property Rights" means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
Building Biology Services reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Building Biology Services trade marks, trade and business names and service marks under this Agreement will vest in Building Biology Services, as appropriate.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Building Biology Services and is protected by Australian and international copyright and database right laws. The compilation of all content on this website is the exclusive property of Building Biology Services and is protected by Australian and international copyright and database right laws. All software used on this website is the property of Building Biology Services and is protected by Australian and international copyright laws.
Building Biology Services may amend these Terms from time to time, and place the new version on the Site. When Building Biology Services does so, it will mention the fact on the home page (www.buildingbiologyservices.com). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms. Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Building Biology Services posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Building Biology Services and you relating to your purchase. Building Biology Services advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Building Biology Services. We will store a copy of the contract entered into by you with Building Biology Services. You are advised to read (and are responsible for reading) fully all information on this website.
If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
Building Biology Services grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Building Biology Services. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Building Biology Services and its affiliates without express written consent.
You may not use any meta tags or any other "hidden text" utilising Building Biology Services trademarks without the express written consent of Building Biology Services. Any unauthorised use terminates the permission or license granted by Building Biology Services.
You are granted a limited, revocable, and non-exclusive right to create a hyper-link to the Welcome page of Building Biology Services as long as the link does not portray Building Biology Services products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Building Biology Services logo or other proprietary graphic or trademark as part of the link without our express written consent.
Instruments are not available for hire..
Terms and conditions for instrument hire contracts will be the same as for items purchased, with the following amendments:-
If you are paying for a hire order by cheque or postal order, we require a deposit, the value of which will be listed on our current price list. This deposit will be returned, in full or in part, when the instruments are received back by Building Biology Services.
Building Biology Services attempts to arrange shipment of all instruments within 2 working days of receiving your order. If you need the instrument urgently, or you wish to request a delay before dispatch, you will need to contact Building Biology Services at the number listed on the website to check whether the instrument(s) required is/are in stock, or to request a delay. Some items may be temporarily unavailable.
The customer shall report any shortage or damage to Building Biology Services by email or in writing within 24 hours of delivery of the instrument. If the customer damages the instruments through mis-use (e.g. dropping), they are liable for repair costs.
The risk in the goods shall pass from Building Biology Services to the customer upon delivery of such goods to the customer for the duration of the hire contract, and until delivery of the returned instruments to Building Biology Services.
Title and property in the goods, including full legal and beneficial ownership, will remain with Building Biology Services at all times. Non-return of the instruments under a hire contract will result in the payment of the full price of the instruments by the customer to Building Biology Services . Late return of the instruments will result in a daily late return payment being due to Building Biology Services by the customer under the terms of the hire letter accompanying the instrument on its dispatch to the customer.
You may cancel your Internet order at any time prior to your order being shipped by clicking on the 'cancel' link next to the product ordered on your account page on the website.
If an error is discovered in the price of the goods that you have ordered, we shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
If you deem any item to be faulty, you must contact us by email or in writing within 24 hours of delivery of the product. Should we be satisfied that the product is faulty, Building Biology Services will send a replacement or will refund the cost and customer postage to the customer within 14 days, by agreement with the customer.
If the item deemed to be faulty by the customer is part of hire contract, the instrument(s) should be returned to Building Biology Services together with a description of the fault in writing. Should we be satisfied that the instrument is faulty, Building Biology Services will send a replacement product for the full hire period or will refund the hire charge and customer postage to the customer within 14 days, by agreement with the customer.
Distance Selling regulations allow for a cooling off period of 7 days from receipt of goods beginning with the day after the day on which the item is delivered, covered under the legislation. This cooling off period does not apply to goods hired. Customers may return faulty goods within this period for a refund, together with the original invoice. Goods returned by the customer within this period for any other reason need to be complete and in a re-saleable condition including original packaging and receipt. The cost of returning and appropriately insuring the goods until satisfactory receipt at Building Biology Services will be borne by the customer. Paint can not be returned, neither can refunds be made on purchases of paint. Personal items of clothing (including headnets, vests and any other item) must be returned in their original (unopened) packaging to qualify for a refund. We will not make refunds on any personal item which has been removed from its original packaging. We reserve the right to make a 15% handling charge on any such return.
To cancel the contract under the terms of the Direct Selling legislation with Building Biology Services , we must be contacted in writing at the above address within 7 days of receipt of the goods. The customer will be required to return the goods to Building Biology Services before a refund can be processed.
Once Building Biology Services receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Building Biology Services from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Building Biology Services in the condition that they were in when delivered to you.
Fabrics cannot be returned..
Goods that are returned attract a processing fee of $12.
Building Biology Services also reserves the right to make an additional 15% handling charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion.
Your statutory rights are not affected.