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BRANDE GROUP Terms & Conditions

Issued: November 2019

  1. General

Badgeofhonour.com.au (this website) is created and controlled by Brande Group Pty Ltd trading as Badge of Honour(BG).

Any reference to "we"/“us”/"our" in these Terms is a reference to Brande Group [located at Level 1, Suite 3, 39 Bay Street Double Bay, NSW 2028] and any reference to "you"/"your" means you, the user of the Website.

By using this website and/or placing orders with us you agree to abide by the Terms and Conditions and our Privacy Policy (Terms) set out in this Agreement. If you do not agree to abide by these Terms do not use this website. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms or your use of this website. If any provision of the Terms is held to be invalid, the remainder of the Terms shall continue in full force and effect. This Agreement is governed by and in accordance with the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Any legal matters arising will commence and conclude within the jurisdiction of the NSW Courts.

You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of our services and the use of any information derived either directly or indirectly from it and for any decisions or advice given as a result of the use of our services or any applications of the information provided through its use  

BG makes no claim as to the accuracy of the content contained on this website. BG does not accept liability for any information or advice provided on the website or incorporated into it by reference. BG does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the content of this website or any other information incorporated by reference.

BG makes no representation as to the accuracy of any other aspect of the information contained on servers linked to this website via hyperlinks from this website. The information on this website is provided on the basis that all persons accessing the website undertake the responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

For further information contact us by e-mail hello@badgeofhonour.com.au

  1. Our Agreement for the Sale of Goods
  2. The Website displays products (Goods) which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Agreement between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Agreement between You and Us will take place upon despatch to You of the Goods.   The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to refuse orders for multiple quantities of an item ordered by any one customer or to any one postal address.

We reserve the right to refuse to supply Goods to any person.

  1. Any variation of the Agreement must be expressly agreed between You and Us.
  2. The Order Process
  3. You may select items from our range of Goods, details of which will be added to the "Shopping Cart" by clicking on the "Add to Cart" button. By clicking on the "Proceed to Checkout" button, you initiate the checkout process for the Goods added to the Shopping Cart. By clicking on the "Continue" button you submit an offer to buy the goods in the Shopping Bag. You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.

As soon as this offer is accepted by us in the way specified in subsection (4) below, your order forms a binding Agreement of sale between you and us.

  1. Before placing an order you can view and amend your order details at any time by clicking on the “Shopping Cart & Checkout” button.
  2. You will automatically be sent an e-mail confirming receipt of your order (the "Confirmation E-Mail") with a summary of the details of your order, which we would recommend that you print out and keep for your own records. The Confirmation E-mail does not constitute our acceptance of your order; it merely records the fact that we have received the order.
  3. We will send you a second e-mail when we dispatch your Goods which shall constitute our acceptance of your order at which point a binding Agreement of sale will be concluded between you and us. We will file a copy of any orders that are accepted by us.
  4. We may refuse your order or cancel your order if we decide it is reasonable to do so which may include circumstances where:
  5. We are unable to obtain authorised payment or the payment process is incomplete; or
  6. We identify a product or pricing error on this website; or
  7. You fail to meet any criteria for eligibility of purchase which We may impose and notify you of from time to time; or
  8. We suspect that your order is related to fraudulent activity; or
  9. You fail to submit all necessary and relevant details to allow Us to fulfil the order; or
  10. Goods are unavailable or out of stock.
  11. We may contact You by telephone or email to verify details before We are able to process and despatch your order or We may be unable to accept it. For example, We may do this if your order is of particularly high value.

 

 

  1. Registration

To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, You have the option to pay with PayPal at this stage by clicking on the PayPal link.

If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your delivery address or a town or postcode to find your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details. 

  1. Delivery Times, Availability of Goods
  2. We aim to deliver the Goods within the indicative timescales shown on this website. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on this website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate.
  3. If Goods are out of stock then We will let you know by e-mail.
  4. If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
  5. Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
  6. If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details on this as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You and must be returned according to the standards set out in our returns policy .
  7. Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see clause 6.
  8. We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
  9. If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
  10. Prices and Delivery Charges
  11. All of the prices listed on the Website include the currently applicable statutory value-added tax.
  12. Discount Codes are not valid for products that are also on sale unless specified.
  13. The prices shown on the Website do not include delivery charges. Our delivery charges are as follows:

Australian Deliveries

$10 per individual order

Shipping and Delivery Estimates;

  • 7-10 business days to most metro areas in Australia
  • 7-12 business days to most non-metro areas in Australia

International Deliveries

$20 per individual order

Shipping and Delivery Estimates;

  • 2-4 weeks to major partners (NZ, UK, USA)
  • 2-6 weeks to most other countries

 

  1. Payment, Default in Payment
  2. Payment for your goods must be made via credit or debit card as specified at the point of payment.
  3. The full payment price will be debited from your card upon order confirmation.
  4. You confirm that the credit or debit card that is being used is yours. All credit or debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
  5. 28 Day Returns Guarantee
  6. If for any reason you are unhappy with your goods, you have the right to return them within 28 days of your order being delivered to you and receive a full refund provided the goods are returned in their original condition, have not been damaged, washed, altered or excessively worn and include the original packaging and any related accessories or instruction books.
  7. Where goods are being returned as unwanted or for exchanges the customer is liable for the return postage cost. If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact us we will try to provide You with an estimate of the courier cost.
  8. We will provide you with a full refund to the card used when placing your order within 28 days of us receiving the goods in accordance with paragraph 8(1). We will then send you an e-mail confirming that this refund has been made.
  9. Brande Group is under no obligation to accept returns and provide refunds for goods that do not comply with paragraph 8(1) (not withstanding your statutory rights set out in paragraph 10). Goods that are not accepted by us will be returned to you.
  10. You do not have the legal right to cancel any Goods which have been personalised to your requirements (for example baseball caps featuring Your name).
  11. We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
  12. Faulty Goods
  13. We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
  14. If your goods are faulty please contact us as soon as possible at hello@badgeofhonour.com.au. We ask you to return the faulty goods to us and will then provide you with replacement goods where available, or alternatively give you a full refund for those goods (including delivery charges).
  15. Your Personal Data

The personal information that you provide to us whilst using the Website is very important to us and we will only collect and use it in accordance with our Privacy Statement, which can be accessed by clicking [here].

  1. Liability
  2. Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence. OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED
  3. We will not be responsible for any loss or damage caused to you where such loss or damage is not reasonably foreseeable to you and us at the point at which you agree to these Terms (including where the loss or damage results from our breach of these Terms). Loss or damage will be reasonably foreseeable where it could be contemplated by you and us.
  4. We will also not be responsible for any loss or damage caused to you where you are not entering into these terms as a consumer.
  5. We do not:
  6. Accept any liability for damage to your computer system or loss of data that results from your use of the Website;
  7. Guarantee which content and services will be available on the Website. All content and services on the Website are provided on an 'as is' and 'as available' basis; or

iii. Guarantee that the Website will be available uninterrupted and in a fully operating condition nor that the information on the Website itself will be free from errors or omissions (however, we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention).

  1. When you order goods from the Website, our aggregate liability to you for any loss or damage arising in connection with these Terms shall be limited in respect of each claim, to the purchase price of your order.
  2. We are not responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises out of any event which is beyond our reasonable control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting us or our suppliers.
  3. Copyright and Other Intellectual Property Rights
  4. Your use of the Website grants no rights to you in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
  5. We provide the Website to you solely for your personal, non-commercial use. The content of the Website may not be used for any other purpose without our expressed written permission.
  6. Final Provisions
  7. This Agreement between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under this Agreement or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
  8. If any clause of this Agreement is found in any way to be void by a Court or other competent authority then all other clauses of the Agreement will continue to apply.
  9. If either We or You do not at any time act on any rights which we have under this Agreement then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
  10. We may amend these Terms at any time and without notice to You.  Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Agreement will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.  
  11. Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
  12. Any notice You send to Us will be deemed delivered as follows, depending on how You send it:

6.1 on the day on which it is left if You deliver the notice by hand; or

6.2 on the day on which it was posted if You post the notice as shown on proof of postage; or

6.3 on the day on which it is sent correctly if by fax or email;

and in each case it should be sent to the address set out at in this website

7 A person who is not party to this Agreement shall have no right to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.

8 These terms is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Agreement neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Agreement or on this website. If you are uncertain as to your rights under the Agreement or you want any explanation about them please write to or email our customer services department, at the address set out below.

Please let us know if you have any questions or complaints regarding the Website. You can contact us by e-mailing hello@badgeofhonour.com.au or writing to us at the address provided.