Welcome to Kilsyth Bargain Centre!
Please read these terms & conditions carefully. You must not access this website if you do not agree with these terms.
Kilsyth Bargain Centre Pty Limited ACN: 005 207 376, ABN: 33 005 207 376 (trading as “Kilsyth Bargain Centre”) of 159 Canterbury Rd, Kilsyth, Victoria, 3137, publishes and offers products for sale from this website, www.kilsythbargaincentre.com.au (“the website”).
In these terms:
“you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
a reference to the "website" means www.kilsythbargaincentre.com.au.
"Order" means an offer made by you in response to an invitation to treat made by the Agent on the Website.
(1)By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2)We reserve the right to amend these terms at any time at our sole discretion. Your continued use of the website will represent an agreement by you to be bound by these terms as amended and will apply to any Order you place from the effective date of the change. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3.Guests and Registered Users
(1)You may access and/or use the website as a guest or as a member.
(2)To become a member of the website, you must provide your name and address, telephone number, a valid email address and nominate a password. If you do not provide accurate and complete details we may not be able to activate your membership or supply products to you. You agree to keep your membership details current at all times by accessing your account via the website or by contacting our Customer First Team.
(3)You will receive an email from us immediately after you create your membership account.
(4)We only permit one registration per email address.
(5)You must not use another members’ account without permission.
(6)You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(7)If you forget your password you may click on the relevant link located on the website and we will email you a new password.
(8)We reserve the right to terminate a member’s account on 24 hours notice for any reason whatsoever including without limitation, where we suspect the member has breached these terms.
(1)You must be eighteen (18) years of age or over to register as a member of the website or purchase products from the website.
(2)Any Order and/or purchase made by you using this website is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with us in relation to these terms, or where you purchase goods from Kilsyth Bargain Centre, into a legal sales contract with Kilsyth Bargain Centre.
(3)Kilsyth Bargain Centre reserve the right to take legal action and seek compensation for any loss or damage Kilsyth Bargain Centre may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
(1)Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the item cheaper elsewhere. We recommend you carefully preview any Orders before adding them to your shopping cart and proceeding with your Order.
(2)Kilsyth Bargain Centre, at its discretion, may in relation to an Order for an item of furniture or a mattress, agree to cancel an Order prior to delivery, on payment by you of a restocking fee calculated as 20% of the price paid by you for the item.
(3)Offers for products made by Kilsyth Bargain Centre via the website do not constitute an offer to sell but an invitation to treat.
(4)You and a Kilsyth Bargain Centre may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery and handling charges) on the website; and
(iv) the acceptance of that offer by Kilsyth Bargain Centre.
(5)When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the products only when:
(i)any requirements set out in these terms have been met;
(ii)the electronic instruction containing the offer from you enters and is recorded in our database;
(iii)a record is created and stored in our database; and
(iv)Kilsyth Bargain Centre 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.
(6)You acknowledge that:
(i)the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Kilsyth Bargain Centre 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;
(ii)to the extent permitted by law, the Agent and Domayne Franchisees are 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 website, or any failure to receive an electronic instruction for whatever reason;
(iii)Kilsyth Bargain Centre may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv)the Agent 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.
(7)You will receive an email from Kilsyth Bargain Centre immediately after you have confirmed your Order and made payment.
(8)You will receive a further email from Kilsyth Bargain Centre within 24 hours of your Order, which will notify you of the relevant Kilsyth Bargain Centre outlet where your Order has been directed. If you have any questions regarding your Order you may contact the relevant Kilsyth Bargain Centre on the contact number provided in this email.
(9)If your Order is not accepted by the relevant Kilsyth Bargain Centre outlet, the relevant Kilsyth Bargain Centre outlet will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed. The Agent cannot ensure that a relevant Kilsyth Bargain Centre outlet will complete any transaction.
(10)Kilsyth Bargain Centre 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.
(11)Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If a relevant Kilsyth Bargain Centre outlet cannot supply a particular product, the relevant Kilsyth Bargain Centre outlet will notify you by telephone or email as soon as possible.
(12)The relevant Kilsyth Bargain Centre will be deemed to have accepted your Order on issue of a tax invoice to you for the sale and/or on the fulfilment of your Order.
(1)Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges and are subject to change.
(2)Kilsyth Bargain Centre will offer each product for the price described in the website for sale until the date specified or until sold, or where no date is specified, up until the offer is removed from the website, whichever first occurs, at not greater than the price specified in the website for that product, subject to these terms.
(3)Each published saving in respect of a product is by reference to the recommended retail price of the manufacturer or the normal ticketed price.
(4)Prices for products shown on the website may vary from prices offered or charged by Kilsyth Bargain Centre in a Kilsyth Bargain Centre Store for equivalent products.
(5)Images of products shown without any advertised price beside that image are not offered for sale.
(6)Unless otherwise stated, any accessories, manchester or furnishings shown in any image of products are not included in the price.
(7)We reserve the right to correct any errors.
(1)All payments must be made in full.
(2)Payments must be made via Direct Bank Transfer, Credit Card online, PayPal, Paymate or other secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of these providers.
8.Supply and Delivery
(1)Subject to you complying with these terms and acceptance of your Order by Kilsyth Bargain Centre, Kilsyth Bargain Centre will sell and supply the products to you as shown on your Order confirmation.
(2)Products may not be available for immediate delivery by Kilsyth Bargain Centre. Kilsyth Bargain Centre will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order, except if the Order is for an item of furniture of specific colour or stain or a mattress selection not currently in stock.
(3)Items of furniture of all colours and Stain selections and mattresses of all sizes, spring system and firmness selections are not always held in stock by Kilsyth Bargain Centre and will be required to be ordered in by Kilsyth Bargain Centre. You agree that your Order for any item of furniture or a mattress may take up to ten (12) weeks to be delivered to you from the date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers. Kilsyth Bargain Centre will contact you on receipt of your Order to notify you of the indicative delivery date.
(4)Other than in respect of Orders for regional or remote areas, if Kilsyth Bargain Centre gives you notice that it will be unable to deliver your Order (excluding an item of furniture or mattress) within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Kilsyth Bargain Centre will arrange for a full refund of any payment made by you to be processed.
(5)When you complete your Order you will be prompted to select whether you wish to collect your Order from Kilsyth Bargain Centre or to have the Order delivered to an address specified by you.
(6)Delivery times may be greater than 10 business days for regional or remote areas.
9.Delivery by Post or Carrier
(1)The terms of this clause apply where you select to have your goods delivered to a specified address.
(2)The delivery address must be an address within Australia and cannot be a PO Box or freight forwarding location.
(3)On acceptance of your Order by Kilsyth Bargain Centre, your Order will be dispatched to you to your specified delivery address generally within 10 business days of the date you placed your Order.
(4)If you Order large or bulky items, Kilsyth Bargain Centre will contact you by telephone or email to arrange with you a suitable time for delivery. You will be required to be available in person to accept delivery of large and bulky items.
(5)If you wish to change the delivery date or delivery address you must let Kilsyth Bargain Centre know at least 48 hours prior to the dispatch of your Order.
(6)Kilsyth Bargain Centre will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Kilsyth Bargain Centre does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(7)You must advise at the time you place your Order via the website or later when you discuss delivery with Kilsyth Bargain Centre, of any difficulties that may be involved in the delivery (such as stairs or narrow entries). If you do not state the situation correctly and on arrival the delivery contractor deems it to be a difficult location you will be liable for any extra charges including redelivery fees and the cost of an extra person to assist.
(8)Kilsyth Bargain Centre cannot accept responsibility for delivery failures or delays by Kilsyth Bargain Centre’s third party delivery contractor.
10.Orders for Collection at Kilsyth Bargain Centre
(1)The terms of this clause apply where you select to collect your Order from Kilsyth Bargain Centre.
(2)If you select to collect your goods from Kilsyth Bargain Centre, Kilsyth Bargain Centre will contact you by telephone or email to notify you when the Order is available for collection.
(3)Orders for collection at Kilsyth Bargain Centre must be collected within 21 days of Kilsyth Bargain Centre giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, Kilsyth Bargain Centre has the right to allocate those goods to another customer and reorder the goods for you.
11.Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection.
12.PayPal, Payment Gateway and credit card fraud
(1)The website employs the latest in Secure Sockets Layer technology from Payment Gateway services such as PayPal, Paymate and similar secure payment gateways to secure our payment systems.
(2)To the extent permitted by law, Kilsyth Bargain Centre will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a Direct Debit, Credit card, Paymate, Paypal or similar gateway system or account is fraudulently used or is used in an unauthorised manner.
13.Website Information and Content
(1)Photographs are for illustrative purposes only and may vary from products depicted or described.
(2)Kilsyth Bargain Centre may, at any time, add or remove content from the website without notice.
(3)Any articles, information or content published on this website must be read subject to these terms.
(4)Although the Kilsyth Bargain Centre uses its best endeavours to confirm the accuracy of any information supplied to Kilsyth Bargain Centre, and other third parties, you agree that the Kilsyth Bargain Centre cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Kilsyth Bargain Centre or by manufacturers or suppliers changing product specifications without notice to Kilsyth Bargain Centre. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
14.Your Use of the Website
(1)You agree to use the website only for purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
(2)You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content.
(3)You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4)Kilsyth Bargain Centre may stop (temporarily or permanently) providing access to the website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5)Kilsyth Bargain Centre may in its sole discretion terminate your account or restrict your access to the website. If Kilsyth Bargain Centre does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Kilsyth Bargain Centre will not be liable to you or any third party for doing so.
(6)As electronic websites are subject to interruption or breakdown, access to the website is offered on an "as is" and "as available" basis only.
(7)Kilsyth Bargain Centre may impose limits or restrictions on the use you may make of the website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, the Agent may withdraw the website, or change or remove website functionality at any time without notice to you.
15.Intellectual Property Rights
(1)You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Kilsyth Bargain Centre, their Agent, their Franchisor, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to use any of them.
(2)Nothing contained on the website is to be interpreted as a recommendation to use any information on the website in a manner which infringes the intellectual property rights of any person. The Agent makes no representations or warranties that your use of the information on the website will not infringe such intellectual property rights.
(3)You may view the website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the website or commercialise any information obtained from any part of the website without the prior written consent of the Agent or, in the case of third party material, from the owner of the copyright in that material.
(4)Kilsyth Bargain Centre logo is a registered trade mark of Kilsyth Bargain Centre Pty Limited. The website is registered to Encecee Enterprises Pty Ltd and used under limited licence by Kilsyth Bargain Centre.
(5)You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
(6)If you correspond or otherwise communicate with Kilsyth Bargain Centre, you automatically grant to Kilsyth Bargain Centre an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on the website and developing your ideas and suggestions for improved products.
16.Links to Other Websites
(2)You must not link to the website without the prior written permission of Kilsyth Bargain Centre.
(3)Kilsyth Bargain Centre may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Kilsyth Bargain Centre does not accept any responsibility in connection with your participation in activities conducted by any other party.
17.Secure Data and Transmissions
(1)Given the nature of the internet, Kilsyth Bargain Centre cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Kilsyth Bargain Centre does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst Kilsyth Bargain Centre and its third parties take precautions to protect information, Kilsyth Bargain Centre does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once Kilsyth Bargain Centre or its third party receives your transmission, Kilsyth Bargain Centre and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact us immediately.
(2)You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Kilsyth Bargain Centre nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of the website, any website or any linked website.
18.Disclaimer and Indemnity
(1)To the extent permitted by law, each of