TERMS & CONDITIONS 

INCLUDING E-COMMERCE TERMS & CONDITIONS

TERMS & CONDITIONS

Welcome to bodaustralia.com and thank you for shopping with us.

These Terms and Conditions govern the use of www.bodaustralia.com (“the website”) and the purchase of any goods from it. The website is owned and operated by Bod Australia Pty Ltd (ABN 89 601 225 441). Should you have any questions, please contact Bod Australia on +61 2 9199 5018 prior to ordering from this website.

Acknowledgment and acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Bod Australia reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

By accessing, browsing and/or using the site you agree to the following terms and conditions and you agree to use the Site in accordance with all applicable laws.

If you do not agree to the following terms you must cease use of the Site.

LAW AND ENTIRE AGREEMENT

Terms of use of the Site are governed by the laws of New South Wales and you and Bod Australia each irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

The terms on this Site replace all previous representations, arrangements, understandings and agreements between you and Bod Australia relating to its subject matter and contain the entire agreement between you and Bod Australia relating to that subject matter.

DISCLAIMER

The content available on the Site is provided on an “as is” basis.  Bod Australia does not represent that the information contained in the Site is accurate, comprehensive, verified, complete or error free.  Bod Australia will attempt to keep the content on the Site up to date.

The content on the Site is liable to change at any time.

Bod Australia does not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Site or any linked website.

 LINKS

The inclusion of a link to another website does not imply that Bod Australia endorses the linked website, and use of any such link is at your own risk.  Bod Australia does not accept any responsibility or liability for any claims arising out of your use of any such link or of the content on any such website.

COPYRIGHT

The copyright in the content on the Site is owned or licensed to Bod Australia.  All rights are reserved.

Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Site; or

(b) commercialise any information, products or services obtained from any part of the Site unless expressly authorised in writing by Bod Australia.

TRADEMARKS

The images, logos and names on the Site are proprietary marks of Bod Australia.  All rights are reserved.  You must not copy or use those trademarks, unless expressly authorised in writing by Bod Australia.

SHOP ONLINE TERMS OF TRADE

PURCHASING

The following terms and the terms found under the headings Privacy and SecurityShipping and Returns and Website Terms of Use sets out the terms on which Product can be purchased by You (being the person whose details are entered in the Billing Information section during the purchasing process) from Bod Australia

ORDERS

By listing Products for sale on the Site Bod Australia is inviting you to do business with Bod Australia but is not offering to supply any particular Product.

Any order placed by You in the manner described in this Site is an offer by You to purchase a particular Product for the price (including the delivery and other charges) specified on this Site at the time You place your order.  You acknowledge that, by placing Your order, You are agreeing to pay for and accept delivery of the Product ordered unless You ask Bod Australia to cancel that order, and Bod Australia sends you written confirmation of the cancellation prior to the Product being dispatched to You.

Bod Australia may change the prices published on this Site at any time.  While every effort has been made to ensure the accuracy of prices and information displayed on the Site, Bod Australia reserves the right to accept or reject Your offer for any reason, including without limitation, the unavailability of any Product, an error in the price of the Product description posted on this Site, or an error in Your order.  We may require additional verification or information before accepting any order.  Within Australia, our policies as to delivery and returns are set out on this Site under the heading Shipping and Returns.

 

PRICE & PAYMENT

For each online order, You must pay:

  • the applicable price expressed in Australian dollars and are inclusive of Australian Goods and Services Tax for the relevant Product as confirmed by Bod Australia; and
  • the delivery fee and other charges specified on the Site in Australian dollars at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to the website is secured using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet.  At this stage we can only accept payments using the methods stated in the payment options section of the Site.  For further details on data security You should check the section on this Site under the heading.

PAYMENT METHODS

Bod Australia accepts payment via Visa and Mastercard only.

PRVIACY AND SECURITY

BOD AUSTRALIA LIABILITY TO YOU

The only warranties, conditions or other terms that are binding on Bod Australia are those expressly stated on this Site.  To the extent permitted by law, any term concerning the products or any service that Bod Australia provides to You which might otherwise be implied into or incorporated into these terms for the purchase and supply of Product, whether by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded.

If a Product does not comply with an applicable consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law. (Consumer Guarantee), You have rights and remedies under the Australian Consumer Law. Nothing on this Site excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee and the Australian Consumer Law (ACL).

Subject to the previous paragraph:

  • Bod Australia will not be liable to You for any loss if caused by a delay in Bod Australia fulfilling or any failure to fulfil or otherwise discharge any of its obligations under the terms on this Site, if the delay or failure is caused by anything beyond Bod Australia reasonable control;
  • Bod Australia will not be liable to You for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, and
  • Bod Australia maximum aggregate liability to You whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by You to Bod Australia in respect of the Product or Products for which the liability arises.

PRIVACY & SECURITY

Bod Australia PTY LTD (ABN 89 601 225 441) of Level 1, 377 New South Head Road
Double Bay NSW 2028 tel: +61 2 9199 5018 , email: info@bodaustralia.com is committed to protecting the privacy of customers’ personal information.  We take all reasonable steps to follow practices and procedures that:

  • ensure we comply with the Australian Privacy Principles (APPs) and any privacy code applying to us; and
  • allow us to deal with enquiries and complaints about our compliance with the APPs and any applicable privacy code.

We may update this Privacy Policy from time to time, so we suggest you check the policy regularly to make sure you have up-to-date information.
If you are under sixteen, you must get permission from your parent or guardian before you:

  • complete any forms, questionnaires or surveys for us; or
  • accept any special offers or make any purchases from us.
  1. WHY WE NEED TO COLLECT PERSONAL INFORMATION

Under the Privacy Act 1988 (Cth), ‘personal information‘ means “information or an opinion about an identified individual, or an individual who is reasonably identifiable”. The information/ opinion does not have to be recorded in writing or be true.

We collect personal information from customers so that we can:

  • provide online shopping services;
  • review, assess and improve our products and services;
  • research and develop new products;
  • market our products and services; and
  • analyse and predict customer behaviour
  • provide introductions and collaboration opportunities with other brands and concepts
  • suggest competition and social engagement opportunities.
  1. HOW WE COLLECT PERSONAL INFORMATION

We collect personal information directly from you when you:

  • Fill in a form, questionnaire  or survey on bodaustralia.com or another of our websites; or
  • make a purchase from us.

When you visit www.bodaustralia.com or another of our websites, information relating to your visit and how you use the site may be collected (e.g. your IP address, the web pages you visit, and the length of your visit). Some of this may be personal information. We may use a third party service provider to collect and store information about use of our website(s). That third party may use cookies to provide its services (see “About Cookies” in section 11).

  1. THE KINDS OF PERSONAL INFORMATION WE COLLECT

We may collect:

  • your name, age and email address;
  • your billing and shipping addresses;
  • information about your purchases (including category and product ordered);
  • images (of you or otherwise) that are uploaded to our websites or social media channels and electronic newsletters that we distribute;
  • your credit or debit card details when buying from us online.

When you use a credit or debit card to buy from us online, your details are automatically transferred to a third party website for payment processing. Note that the privacy policy of the payment processor will apply to the card information you supply when completing the transaction.

  1. HOW WE USE YOUR PERSONAL INFORMATION AND WHO WE DISCLOSE IT TO

We use your personal information to:

  • provide our services to you (including our online shopping and product development services);
  • make product and purchase recommendations to you;
  • respond to any enquiries or complaints you may make;
  • review, assess and improve our products and services;
  • research and develop new products; and
  • carry out direct marketing and social media marketing activities (including posting); and
  • help us analyse and predict consumer behaviour (but only where the information is aggregated and anonymous).

MARKETING CONSENT AND OPT OUT

By agreeing to our website terms and conditions you are consenting to us using your personal information for direct marketing and social media marketing. At any time, you can request us to stop sending you marketing communications. Simply email info@bodaustralia.com telephone +61 2 9199 5018 or write to us at:

Bod Australia

Level 1

377 New South Head Road
Double Bay NSW 2028

DISCLOSURE TO THIRD PARTIES

We do not sell or rent our customers’ names, addresses, email addresses or other personal information to third parties. We will only disclose your personal information as permitted by the APPs and as described in this Privacy Policy. We may disclose your personal information to: (a) a company that is “related “to us under the Corporations Act 2001(Cth) (but only for one of the purposes listed at the beginning of this section 4); (b) third parties we engage to help us provide our products and services , or to improve them (e.g. website designers and technical support providers); (c) third parties that provide us with marketing and advertising services (e.g. providers of electronic mail out services); (d) selected third parties who have agreed to work with us to make a joint product/ service offering to you, and who are under strict contractual obligations to treat your personal information confidentially); and (e) a third party that is taking over the assets or operations of one or both of us.

CONSENT TO DISCLOSURES 

By agreeing to our website terms and conditions, you are consenting to us making the disclosures in (a)-(e) above. Without your consent to these disclosures of your personal information, we will unfortunately be unable to provide you with our online services.

  1. DISCLOSURE OUTSIDE AUSTRALIA

We may transfer and store your personal information outside of Australia. We only do so as permit by the APPs and as described in this Privacy Policy. We will take reasonable steps to protect your personal information where overseas disclosure is required.

  1. HOW TO ACCESS AND CORRECT PERSONAL INFORMATION

REQUESTS 

You can access and correct the personal information we hold about you:

by contacting us directly and requesting that we give you access and/ or make a correction email:  info@bodaustralia.com telephone +61 2 9199 5018 or write to us at:

Bod Australia

Level 1

377 New South Head Road
Double Bay NSW 2028

We will respond to requests for access to/ correction of personal information within a reasonable time.

ACCESS

If it’s reasonable and practicable to do so, we will give access to the information in the manner you request. However, we may not give you access if we are not obliged to under the APPs. Please note, it’s free to make an access request, but we may charge you a fee when you access the information.

CORRECTION

If you request us to correct personal information we hold about you, we will take reasonable steps to make the correction so that, taking into account the purpose for which we hold the personal information, the information is accurate, up-to-date, complete, relevant and not misleading. If:

  • we make a correction to personal information about you; and
  • before making the correction we had disclosed the information to another entity that is covered by the APPs; and
  • you request us to notify the other entity of the correction, we will take reasonable steps to give that notification, unless it is impracticable or unlawful for us to do it.

REFUSALS

If we refuse to:

  • allow you access to the personal information we hold about you; or
  • give access in the manner you request; or
  • correct personal information about you as you request, we will write to you explaining at least:
  • the reasons for our refusal (unless it would be unreasonable for us to give them); and
  • how you can complain about the refusal.

If we refuse to correct personal information as requested by you, you may request us to associate with the information a statement that it is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will then take reasonable steps to associate the statement with the information in a way that makes the statement apparent to users of the information.

  1. HOW TO COMPLAIN ABOUT OUR TREATMENT OF YOUR PERSONAL INFORMATION

You can complain about a breach by us of the APPs or a registered privacy code, by emailing info@bodaustralia.com telephone +61 2 9199 5018or write to us at:

Bod Australia

Level 1

377 New South Head Road
Double Bay NSW 2028

Initially your complaint will be handled by our Customer Service Team, in accordance with established protocols for the particular type of complaint. If no handling protocol exists for your complaint, it will be referred to the relevant business owner for follow-up.

  1. SECURITY

We will take reasonable steps to protect the personal information we hold from:

  • misuse, interference and loss; and
  • unauthorised access, modification or disclosure.

We make every effort to follow industry standard security measures for personal information under our control. All financial information is encrypted during transmission, and we self-certify against industry security standards for payment processing. Only authorised staff and consultants have access (on a restricted basis) to the personal information we collect. We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we endeavour to protect information you transmit to us, we cannot ensure or warrant the security of that information, and you transmit it at your own risk. You may be able to configure your browser to advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). Once we receive your transmission, we take reasonable steps to protect the information on our own systems. For more information, you might like to refer to the OAIC Guide to Information Security, at:https://www.oaic.gov.au/privacy/privacy-resources/privacy-guides/guide-to-information-security

  1. WHAT HAPPENS IF YOU DON’T PROVIDE THE PERSONAL INFORMATION WE REQUEST

If you do not provide personal information as requested by us we may not be able to respond to an enquiry or provide some or all of our online services.

  1. DESTRUCTION AND DE-IDENTIFICATION OF PERSONAL INFORMATION

We will take reasonable steps to destroy or de-identify personal information if:

  • we no longer need to use or disclose the information in any of the ways we are entitled to use or disclose it under the APPs; and
  • we are not legally required to keep the information.
  1. OTHER MATTERS

UNSOLICITED INFORMATION

If we receive unsolicited personal information about you, which we would not have been entitled to collect under the APPs, we will destroy or de-identify that information if it is lawful and reasonable for us to do so.

ABOUT COOKIES

Web pages on www.bodaustralia.com or another of our websites may use ‘cookies’. These are small files that are placed on your hard disk for data-collection purposes. Like an IP address, a cookie helps a website remember who you are. Cookies can make your subsequent visits to a website more seamless. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.

GOVERNMENT-RELATED IDENTIFIERS

We will not adopt, use or disclose any identifier that has been issued by a government or government agency in relation to any individual or personal information.

COPIES OF PRIVACY POLICY

If a person or entity requests a copy of this Privacy Policy in a particular form, we will take reasonable steps to comply with that request.

SHIPPING

AUSTRALIA SHIPPING POLICIES

Within Australia, Bod Australia uses Australia Post direct freight with tracking service, whereby Bod Australia can track any purchases easily and in a timely manner. Orders placed on a weekend day, will be processed within 48 hours of the next business day, pending stock availability.

As Bod Australia delivers by a registered postal service, a signature is required upon delivery. Therefore Bod Australia recommends You provide an address where You will be located during office hours. If You provide a work address, please include full details including the business and receivers’ name. If nobody is available to sign for Your delivery, a card will be left and the parcel will be taken to a local post office.

AUSTRALIAN SHIPPING CHARGES

Bod Australia offers an Australia-wide Shipping rate of $10 Australia-wide. All charges quoted to You are inclusive of Australian goods and services tax. You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.

AUSTRALIA SHIPPING TIME

For shipping expect delivery within three business days, provided that orders are placed by 10 A.M. Monday – Friday, for in-stock items only.

Allow two additional days for locations outside of metropolitan areas.

Any delivery date or time specified by Bod Australia is a best estimate only and Bod Australia will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

INTERNATIONAL SHIPPING POLICIES

Bod Australia does not ship to any international countries with the exception of New Zealand.

For international shipping, Bod Australia uses TNT, whereby Bod Australia can track any purchases easily and in a timely manner.  Orders placed on a weekend day, will be processed within 48 hours of the next business day.

Bod Australia recommends You provide an address where You will be located during office hours.  If You provide a work address, please include full details including the business and receivers’ name.  If nobody is available to sign for Your delivery, TNT will attempt re-delivery the following day.  If TNT is unable to complete delivery Your order will be returned to Bod Australia and a refund will be processed minus the shipping costs.  Unfortunately, we are not able to ship to Post Office Boxes for our International customers.

For our international customers, all prices on www.bodaustralia.com are displayed in Australian Dollars (AUD), and will be charged in Australian Dollars, this excludes the Australian Goods & Services Tax. The handling of any duties and customs which may occur during the shipping process, will be the responsibility of Bod Australia.

INTERNATIONAL SHIPPING CHARGES

All orders will be charged a flat rate of $30 for international deliveries. You may be required to pay further shipping charges where a change in delivery date or a change in delivery address is requested by You.

The handling of any duties and customs which may occur during the shipping process, will be the responsibility of Bod Australia.

INTERNATIONAL SHIPPING TIME

For International shipping via TNT expect delivery within two to seven business days, provided that orders are placed by 11:00 A.M. Monday – Friday, for in-stock items only.

Allow additional days for locations outside of central city areas.

Any delivery date or time specified by Bod Australia is a best estimate only and Bod Australia will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.

OWNERSHIP AND RISK

Ownership of and risk of damage of goods will pass to You upon delivery to You at your specified delivery address.

ENQUIRIES

Our Customer Service Team is available to assist you. Please make contact with Bod Australia for enquiries relating to our Product at Bod Australia, Level 1, 377 New South Head Road Double Bay NSW 2028 tel: +61 2 9199 5018, email: info@bodaustralia.com

RETURNS AND EXCHANGE

We will not cancel or refund an order based on “change of mind”.

In accordance with any statutory rights you may have under the Competition and Consumer Act 2010 (Cth), which cannot be excluded, we will replace or reimburse you for any product which has been delivered to you and is faulty or damaged.

To arrange a return, please contact our Customer Service Team at Bod Australia Level 1, 377 New South Head Road Double Bay NSW 2028 tel: +61 2 9199 5018 email: info@bodaustralia.com

Please note that we do not accept returns or exchanges when:

  • A product is not returned in their original condition i.e.: Box is opened, content has been damaged or are sent without or tampered with original packaging.
  • A product is returned outside of specific return timeframe.

Should any of the above occur, Bod Australia will not accept the return and will contact the customer to arrange a return of the product at the customer’s expense.

Returns are at the expense of our customers and under their responsibility until the good are successfully delivered to Bod Australia.