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Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://southernbm.com.au website operated by SouthernBM ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SouthernBM. SouthernBM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SouthernBM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Product Order Policy

Our products are for sale to individuals aged 16 and older. By proceeding to purchase through our website, you acknowledge that you are over the age of 16.

All prices are in Australian Dollars (AUD) and are inclusive of GST where applicable.

We endeavour to ensure that the prices displayed are current, however we reserve the right to amend our prices at any time.

Packaging and postage is an additional charge, calculated at time of purchase based off order size, weight and delivery destination. You may also be eligible for a flat rate or free shipping depending on your location.

When placing an order, you are required to provide your name, address for delivery, your email address and your telephone number. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware.

Delivery of your ordered goods is undertaken by a third party delivery service of our choosing, by purchasing from us you are agreeing to the use of this delivery service and all risk and responsibility associated.

Collection of goods is available from our Moorabbin office upon prior agreement with us. Installation of good may also be available for an additional cost.

Title of the goods passes to you on the receipt of payment.

Payment terms are strictly point of sale through our online payment gateway provided by “Stripe”, payments are made via a valid major credit card, visa debit or debit master card. Credit card information is never stored or viewed by us. By providing us with this information you agree that we are not liable for its misuse due to error in transmission or virus or malware or cyber related crimes.

Payment is your acceptance of a contract of sale with SouthernBM. All Contracts are governed by these terms and conditions.

Warranty Policy

All product sold by SouthernBM are covered by a 24 month warranty from the original date of sale unless otherwise state in the product description.

This warranty covers only manufacturing defects and does not cover any damage caused by misuse, incorrect or unprofessional fitting, neglect, accidents, abrasion, exposure to extreme temperatures, solvents, acids, water, normal wear and tear or transport damage.

You are responsible for all transit costs in returning the product to SouthernBM including, but not limited to, the cost of packaging, shipping and applicable taxes.

Ultimately, we will determine whether or not the problem is covered under the terms of the product warranty. If the warranty applies, you will be notified as to whether the product will be repaired or replaced. Any such repair or replacement will be at our expense, including any costs required to return the repaired or replacement product to you.

If the product is not under warranty as determined by us, any repairs agreed to, freight and/or transport costs and taxes and/or duties associated with the product will be at the cost of the initial purchaser.

Repairs performed by anyone other than us or their rightful manufacturer will void any and all warranties on any product purchased on our store. Damages to the product that are the result of misuse or actions deemed to be outside the scope of design for the product will also void warranty.

To the extent permitted by applicable law, any implied warranties are hereby excluded. This warranty is intended to give you specific legal rights. In addition to the rights described herein, you may also have other rights that vary from state to state or country to country with respect to the exclusion or application of implied warranties, incidental and consequential damages and repair and replacement. Consequently, the limitations or exclusions specifically contained in this warranty may not be applicable to you.

Refund Policy

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as oils and fluids, hazardous materials, or flammable liquids or gases cannot be returned.

Additional non-returnable items:

  • Gift cards
  • Downloadable software products
  • Special order items
  • Painted or other customised items made to your specifications

To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted such as any item that’s not in its original condition or is damaged or missing parts for reasons not due to our error.

We reserve the right to review each return request individually.

Late or missing refunds

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us.

Sale items

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, and send your item to our business address.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping

To return your product, you should mail your product to our business address.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us.

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Privacy Policy

We recognise that your privacy is very important and we are committed to protecting the personal information we collect from you.

The Privacy Act 1988 and the National Privacy Principles govern the way in which we must manage your personal information and this policy sets out how we collect, use, disclose and otherwise manage personal information about you.

We encourage you to check our web site regularly for any updates to this privacy policy.

Collection

Types of information collected

We may collect and hold personal information about you, that is, information that can identify you, such as your name, address, other contact details and other information relevant to providing you with the services you are, or someone else you know is, seeking.

Purpose of collection

Generally, we will collect and use your personal information for one or more of the following reasons:

  • providing services to you or someone else you know;
  • processing an application you have made;
  • acting as your agent if you request us to do so;
  • undertaking various activities required by law;
  • providing you with information about other services that we, our related entities and other organisations that we have affiliations with offer, that may be of interest to you;
  • providing you with promotional information about us, our related entities and other organisations that we have affiliations with;
  • facilitating our internal business operations, including the fulfilment of any legal requirements; and
  • analysing our services and customer needs with a view to developing new and/or improved services.

Methods of collection

Personal information will generally be collected directly from you through the use of any of our standard forms, over the internet, via email or through a telephone conversation with you. There may, however, be some instances where personal information about you will be collected indirectly because it is unreasonable or impractical to collect personal information directly from you. We will usually notify you about these instances in advance, or where that is not possible, as soon as reasonably practicable after the information has been collected.

Failure to provide information

If the personal information you provide to us is incomplete and/or inaccurate, we may be unable to provide you, or someone else you know, with the services you, or they, are seeking.

Internet users

If you access our web site, we may collect additional personal information about you in the form of your IP (Internet Protocol) address and domain name.

Also, our web site uses cookies. The main purpose of cookies is to identify users and to prepare customised web pages for them. Cookies do not identify you personally, but they may link back to a database record about you. We use cookies to monitor usage of our web site and to create a personal record of when you visit our web site and what pages you view so that we may serve you more effectively.

Use and disclosure

Generally, we only use and disclose personal information about you for the purposes for which it was collected (as set out above). Although, we may disclose personal information about you to:

  • service providers, who assist us in operating our business. These service providers may not be required to comply with our privacy policy;
  • other service providers, who provide the various services that you have requested and we have arranged. These service providers may not be required to comply with our privacy policy;
  • a purchaser of the assets and operations of our business, providing those assets and operations are purchased as a going concern; and
  • our related entities and other organisations that we have affiliations with for the purposes of providing you with information about services and various promotions that might be of interest to you.

Security

We store your personal information in different ways, including in paper and in electronic form. The security of your personal information is important to us. We take all reasonable measures to ensure that your personal information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic and physical security measures.

Access

You may access the personal information we hold about you, upon making a written request. We will endeavour to provide you with access to the information requested within 30 days. We may charge you a reasonable fee for processing your request.

We may decline a request for access to personal information where the Privacy Act requires us to do so.

If, upon receiving access to your personal information or at any other time, you believe the personal information we hold about you is inaccurate, incomplete or out of date, please notify us immediately. We will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Links to other web sites

Our web site may contain links to other web sites. We are not responsible for the privacy practices of linked web sites and so linked web sites are not subject to our privacy policies and procedures.

Feedback

If you have any queries or concerns about our privacy policy or the way in which we handle your personal information, please contact us.

More information

For more information about privacy in general, you can visit the Federal Privacy Commissioner's web site at www.privacy.gov.au.
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