BIG W Online Layby Agreement
1.1 Your access to and use of the Site, including your order of Products through the Site, is governed by the BIG W Online Terms and Conditions, available at http://www.bigw.com.au/help/terms-and-conditions-content.
1.2 If you place an order for Product(s) for purchase on lay-by, the terms and conditions set out in this BIG W Online Lay-by Agreement will apply to that order. The terms and conditions set out in the BIG W Online Terms and Conditions will otherwise govern your access to and use of the Site.
1.3 To the extent that there is any inconsistency between the BIG W Online Terms and Conditions and this BIG W Online Lay-by Agreement, the terms and conditions set out in this BIG W Online Lay-by Agreement shall prevail.
1.4 References to “BIG W”, “us”, “our” or “we” in this Lay-by Agreement are references to BIG W ABN 88 000 014 675.
2 Placing an order for Products on lay-by
2.1 You may purchase Product(s) through the Site on lay-by in accordance with these terms and conditions if:
2.2 You may not place an order for Product(s) on lay-by if the Product(s) is a perishable item (e.g. Green life or items marked with a "use by/best before" date), a chlorine item (due to statutory regulations relating to the storage of chlorine), a seasonal clearance item, a soiled and/or damaged item, a pre-paid voucher such as iTunes Card or recharge voucher, or is specified in a BIG W brochure as being unavailable for lay-by.
2.3 Any order placed through this Site to purchase a Product on lay-by is an offer by you to purchase the particular Product on lay-by for the price notified (including the delivery and other charges, fees and taxes) at the time you place the order, on the terms and conditions set out in this Big W Online Lay-by Agreement.
4 Fees and charges for lay-by orders
3.1 In certain circumstances, we may need to reject your order, including but not limited to where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
3.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) supply the Products in that order to you in accordance with these terms and conditions; and
(b) send you an email confirmation of that order - though with the nature of the internet we cannot guarantee receipt. Please add the BIG W email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.
3.3 If we reject an order placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
3.4 In the interests of all our customers, we may refuse to supply if multiple orders are placed for large quantities of the same product for the same billing or shipping address.
3 Acceptance or rejection of an order
4.1 The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same as or correspond with the prices in any of our stores for the same Product and we are not obliged to match any prices.
4.2 Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the Products in that order.
4.3 The total charges payable by you during the lay-by period will include:
a the purchase price of the relevant Product;
b the relevant delivery fee notified to you when you place your order; and
c an administration fee of $2 for each lay-by order (“ Administration Fee”) where applicable
4.4 At the time of placing your order for Product(s) on lay-by, you may nominate a deposit amount (if required), the first instalment date, the layby frequency (eg weekly, fortnightly, monthly) and the number of payments. These will then be used to determine each instalment of the total charges payable by you during the lay-by period (“Payment Schedule”). The instalment amounts due on each of the payment dates specified in the Payment Schedule will be determined by dividing the total charges by the number of instalment payment dates you have nominated, rounded down to two decimal places, with the exception of the final instalment. The final instalment is calculated as the difference between the total amount payable and the sum of all instalments prior to the final instalment date.
4.5 We will charge you, and you agree to pay, each instalment amount by the payment date specified in the Payment Schedule.
4.6 All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
5 Payment methods for lay-by orders
5.1 You may pay the instalment amounts due on each of the payment dates specified in the Payment Schedule for an accepted lay by order by any of the following payment methods:
(i) Woolworths Everyday Money® Credit Card;
(iv) American Express; and
(v) Diners Club; and
( vi) Debit cards displaying a Visa or Mastercard logo
5.2 If you choose to pay by credit card, you authorise us to debit the amount that is payable from your nominated credit card in accordance with the Payment Schedule on the specified payment dates.
5.3 If we are unable to successfully process any of your payments due to insufficient funds, card cancellation or card expiry, we will try to contact you by phone so as to inform you of the overdue payment and to organise payment of the outstanding amount.
5.4 You must not pay, or attempt to pay, any instalment amounts through any fraudulent or unlawful means.
5.5 We will provide you with a receipt at time of delivery of your Product(s) specifying the total fees and charges for the Product(s) in the order.
6 Delivery of products
6.1 We will only deliver Products ordered through the Site to a location where we provide delivery services. You may receive multiple deliveries for your order and these are described at the point of checkout. We or our delivery company may need to contact you to arrange a delivery date for certain products. * We only deliver to addresses in Australia.
6.2 You may obtain further information (see http://www.bigw.com.au/help/deliverychargesandservices-content) on the Site about our delivery timeframes and how we deliver certain Products. The Delivery Fee for your order depends on the type of Product you order (in particular, the size and weight of the Product) and the delivery location.
6.3 The delivery timeframes set out on the Site will commence for your lay-by order only after all amounts specified in the Payment Schedule have been paid.
6.4 You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.
6.5 Risk and title to Product passes to you on the date and time of delivery to the delivery address.
6.6 An appropriate person must be present to accept the delivery of your order.
6.7 We may require the person accepting the delivery of your order to:
(a) provide us with proof of that person's identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks; and
(b) where relevant, provide us with proof that the consents referred to under the “Restricted Products” section of these terms and conditions have been obtained.
6.8 If there is no appropriate person (for example, above 18 years old for Restricted Products) at the Delivery Address to receive the order or you are unable to show us the credit card for us to conduct verification checks, then we will not deliver the Products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional Delivery Fee for that replacement delivery.
(a) acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order; and
(b) will ensure that, in the case of Restricted Products, the person authorised by you to receive your order is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
6.10 We will not deliver a Restricted Product to a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions. In this instance, we will cancel the order and refund any amounts paid for that order under these terms and conditions.
6.11 You may make a full or partial cancellation of your order or changes to your Delivery Address at any time prior to the delivery of the Products. To change any order details, you must contact the Contact Centre by telephone on 1300 244 999.
7 Cancelling or varying a lay-by order
7.1 We may cancel any lay-by order, without any liability to you for that cancellation, at any time if:
(a) you have breached a term of this BIG W Online Lay-by Agreement (including any term of the BIG W Online Terms and Conditions not excluded by this BIG W Online Lay-by Agreement);
(b) BIG W is no longer engaged in trade or commerce; or
(c) the Product(s) in your order are no longer available.
7.2 For the purposes of clause 6.2(a), if you breach clause 3.6 of this BIG W Online Lay-by Agreement by failing to pay an instalment amount by the payment date specified in the Payment Schedule, we will not cancel your lay-by order unless you fail to pay the overdue amount prior to the next payment date specified in the Payment Schedule.
7.3 If we cancel your order in accordance with clause 6.2, we will endeavour to provide you with reasonable notice of that cancellation and will refund to you all the amounts paid by you under this BIG W Online Lay-by Agreement.
7.4 You may cancel a lay-by order by contacting our Contact Centre on 1300 244 999 during Contact Hours at any time prior to the delivery of that order.
7.5 If you cancel your lay-by order in accordance with clause 6.5, we will refund to you all the amounts paid by you under this BIG W Online Lay-by Agreement less a termination charge equal to the lesser of $25 or the total payments made by you under this BIG W Online Lay-by Agreement
7.6 If we are unable to stop the shipment of the order at the time of cancellation of a lay-by order (whether the order is cancelled by you or by us), then you will be required to refuse delivery or return the Products in order to receive a refund in accordance with the BIG W Returns Policy (http://www.bigw.com.au/help/returns-policy-content)
8 Damaged Products and returns
8.1 The Big W Returns Policy applies to all purchases of Products using the Site and forms part of these terms and conditions. If you suspect that a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify us by calling 1300 244 999.
9.1 Subject to clause 9.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
9.2 Subject to clause 9.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
9.3 To the extent permitted by law and subject to clause 9.5 and any rights to which you may be entitled under the Big W Returns Policy, our liability to you for any loss or damage arising out of or in connection with the supply of goods or service under this Agreement, your use of the Site or any breach by us of this Agreement however arising (whether for breach of the terms of this Agreement, tort (including negligence), statute, equity otherwise at common law or on any other basis) is limited to one of the following remedies (at our option):
(a) in the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) in the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
9.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
9.5 Nothing in these terms and conditions is intended to have the effect of excluding, restricting or modifying:
(a) the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (the ACL); or
(b)the exercise of a right conferred by such a provision; or
(c) any liability of Big W in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
10.1 Capitalised terms used are defined in these terms and conditions. In these terms:
10.2 Contact Hours means. 9am to 6pm Monday to Friday (Sydney time).
10.3 Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
10.4 GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).
10.5 Product means each good or service that is advertised on the Site.
10.6 Site means BIG W shopping site at http://www.bigw.com.au.
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