WEBSITE TERMS AND CONDITIONS
These terms and conditions (Terms) constitute an agreement between you and Bianco Retail Pty Ltd (ACN 107 137 182) trading as Tony Bianco, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tony Bianco or we or us).
By accessing and using this website (located at www.tonybianco.com and related URLs) (Website) and our services, including (without limitation) purchasing products and use of our contact form or dealing with Tony Bianco in any way through the Website (Services), you accept, without limitation, modification or qualification) these Terms, and agree to be legally bound by these Terms.
If you do not wish to be bound by the Terms you should not access or use the Website.
If you have any queries regarding these Terms, please contact firstname.lastname@example.org.
You agree that you are responsible for your access to our Website and for ensuring that any persons who may access the Website through your internet connection are aware of and compliant with, these Terms.
You warrant and represent to us that you have the capacity and authority to be bound by these Terms and that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.
You may place an order for Tony Bianco Products by completing the appropriate order form on the Website and selecting the Products that you wish to order (Order). By placing an Order, you authorise us to recover, through your credit or debit card, payments due to us for such Order.
Your order shall constitute an offer to us to purchase the Products specified in the order. Each order, Acceptance of each order and the supply of Products by Tony Bianco pursuant to an order shall be governed by these Terms.
If Tony Bianco accepts the Order, we will notify you of our acceptance by email, confirm the price of the Order and notify you of the relevant identification number (Invoice Number).
Tony Bianco reserves the right to:
- accept or decline all or part of your Order for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your order;
- request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
- cancel an Order at any time, for any reason; or
- restrict the quantity or total value of Products available for purchase to each person or address.
Where we exercise the rights above, we will notify you by email and suggest alternative Products, remove a Product from an order or provide a refund of the purchase price where applicable and Tony Bianco shall not be liable for any loss or damage whatsoever arising from such acts.
You must quote the Invoice Number in any communications relating to such Order.
Please note that you cannot cancel or amend an order once it has been placed (except as permitted Australian Consumer Law).
In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tony Bianco as a direct result of the cancellation (including, but not limited to, any loss of profits).
Images and descriptions of Products
All descriptions and images of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Product images may vary from the delivered Products depending on your monitor, settings and computer equipment.
Unless otherwise stated, any additional accessories styled or shown in a product image are for display purposes only and are not included in the product price.
Availability of Products
All Orders are made subject to availability. Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.
Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you submit your order. Please note that we may need to reject your Order or reject part of your Order for this reason.
If your Order is rejected or cancelled for this reason, we will refund in full all amounts you have paid in respect of such unavailable Products. Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in the estimated delivery date of your Order. In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within 1 business day of notification, you are deemed to have accepted the delay in delivery.
Product recalls and bans
If any Products are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any product recall applicable to such Products.
4. Prices and payment
We reserve the right to vary, amend, add or remove payment methods, prices or Products offered via the Services from time to time in our sole discretion as we see fit, without notice.
The prices of the Products shall be those specified by Tony Bianco to you from time to time on the Website. Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing, which are calculated at check-out.
A summary of the postage and packing charges can be found on our SHIPPING INFORMATION page. Prices on the Website may differ from those in Tony Bianco's stores.
Full payment of the purchase price is required at the time of placing your Order, this includes the purchase price plus any delivery fees. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.
Payment may be made by the methods approved by Tony Bianco.
You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
Any additional charges for customs clearance, import duties or local taxes are your sole responsibility. We do not take any responsibility for these charges and have no control over what they may be. Please note we are unable to reimburse any costs incurred in relation to those matters and do not accept any responsibility for delays as a result, regardless of the circumstances.
5. Returns and refunds
Returns, refunds and faulty Products will be handled in accordance with our RETURNS POLICY.
6. Shipping and delivery
You acknowledge and agree that Orders placed on the Website may only be delivered within Australia and that any Order placed on the Website with an international delivery address may be cancelled and refunded by Tony Bianco (except any costs incurred by Tony Bianco associated with your Order, such as international bank or processing fees).
Delivery of the Products (Delivery) is taken to occur at the time that:
- you, or your nominated courier takes possession of the Products at the address specified by Tony Bianco; or
- Tony Bianco (or Tony Bianco’s nominated courier or postal service) delivers the Products to the delivery address that you have provided, even if you are not present at the address.
You must take delivery by receipt or collection of the Products whenever they are tendered for delivery.
In the event that you are unable to take delivery of the Products as arranged, then Tony Bianco shall be entitled to charge a reasonable fee for redelivery and/or storage of the Products.
Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Products even if they are delivered on a different date or time. Tony Bianco will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Products are not delivered within a reasonable time after the estimated date, please contact us.
7. Passing of Risk and Property
Risk of loss or damage to, and title to, the Products shall pass to you upon Delivery of the Products.
8. Promotions and discounts
Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.
Tony Bianco reserves the right to:
- terminate, modify or extend any promotional offer at any time, without notice; or
- cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
9. Product Reviews Terms and Conditions
Throughout the use of the site users may be invited to review certain products, or request information in relation to products or participate in forums (‘Content’). If you do submit such Content, you give Tony Bianco permission to use, reproduce (in any medium), modify and publish that content in a worldwide, royalty-free, irrevocable manner. This license will survive the termination of these terms and conditions and your use of the site. You also permit Tony Bianco to publish your first name and State or Town in association with any Content provided by you.
By submitting Content, you represent and warrant that:(a) you understand that you are participating in a public forum and that your Content will be available to all other users of the site; (b) you are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorise Tony Bianco to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the site and these terms and conditions; (c) you waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the Content; (d) all Content that you post is accurate; (e) You are at least 18 years old or, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the site and agree to these terms and conditions; and (e) that the Content you supply does not violate these terms and conditions and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit: (a) is not false, inaccurate or misleading; (b) does not harm minors; (c) does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity; (d) does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (f) is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual or any business; (g) does not include any information that references other websites, addresses, email addresses, contact information or phone numbers; (h) is not submitted for compensation or other consideration from any third party; (i) is not unsolicited or unauthorised advertising, promotional materials or any other form of solicitation; and (j) does not contain any computer viruses, worms or other potentially damaging computer programs or files. Users must not post Content which seeks to impersonate any person or entity, including, without limitation, any Tony Bianco personnel, or to falsely state or otherwise misrepresent its affiliation with a person or entity. Users may not use the site to collect or store personal data about other users.
Tony Bianco reserves the right to not post a review or to withdraw a posted review for any reason. A review posted by a user will be excluded if it violates the Agreement regarding submission of Content.
User reviews of products in no way represent the views or opinions of Tony Bianco or its owners, shareholders, employees or others, but are the sole product of its creator. Tony Bianco disclaims all liability with respect to the Content.
10. Loyalty Program
Tony Bianco offers a program to its customers. Please see the Loyalty Program Terms and Conditions for more information.
11. Warranties and liability
You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
To the maximum extent permitted by law, Tony Bianco’s liability under these Terms shall be limited to any one or more of the following:
- the replacement of the Products or re-supply of equivalent Products;
- the repair of such Products;
- the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
- the payment of the cost of having the Products repaired.
To the extent permitted by law, Tony Bianco expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law. Nothing in these Terms purports to exclude any rights or remedies in respect of Products under the Australian Consumer Law which cannot be excluded, restricted or modified.
12. Customer Services
If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website please contact our customer services team:
Freecall 1800 790 799
4/29 Cromwell St, Collingwood VIC 3066.
Ph 03 8413 3400, Fax 03 9417 4760
1. Intellectual Property
The Website, and all the text, information, user interfaces, photographs, trademarks, logos, artwork and graphic representations or images on it, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (Content), are owned by, or licensed to Tony Bianco. All intellectual property rights in the Content, including in copyright, are the sole and exclusive property of Tony Bianco or its licensors.
You may view, access and use the Website on your computer screen and print its contents on your printer on a limited, revocable, non-sublicensable licence for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content. Without Tony Bianco's written consent, you may not use, transfer, copy, publish or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing, accessing or using the Content.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tony Bianco’ intellectual property rights, whether by estoppel, implication or otherwise. Tony Bianco reserves all rights not expressly granted in these Terms.
2. Using the Website
Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.
You agree not to:
- impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
- modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
- make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
- damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
- use the Website in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
- publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
- make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;
- falsify the true ownership of software or other material or information contained in a file made available via the Website; or
- obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
3. Our use of your Personal Information
4. No unlawful or prohibited use
You undertake to Tony Bianco that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful and that you will not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website or cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.
You agree to indemnify Tony Bianco, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
5. Unauthorised access, virus protection and compatibility
While certain precautions have been taken to detect computer viruses and ensure security, Tony Bianco cannot guarantee that the Website is virus-free and secure.
To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise arising out of or in connection with any website downtime, any breach of security, any malicious or harmful programs, viruses, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
Tony Bianco does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
Tony Bianco may, in its sole discretion:
- modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice;
- restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you for any reason, including where:
- there is a regulatory or statutory change limiting the ability to provide access to the Website;
- there is any event beyond the reasonable control of Tony Bianco preventing Tony Bianco from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- Tony Bianco considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
Without prejudice to any other remedies, Tony Bianco may:
- cancel all or any part of any order or suspend or terminate the supply of Products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
- terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.
If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied. To the maximum extent permitted by law, Tony Bianco will not be liable to you for any further loss or damage you suffer because Tony Bianco has exercised its rights under this clause or these Terms.
7. Third Parties
Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties. Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.
Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. We do not accept any liability for any information on, or the privacy practices of, any third party websites.
8. Limitation of Liability
To the maximum extent permitted by law, neither Tony Bianco, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
- any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
- any use of the information on, or access to, the Services including if for any reason our Website is unavailable at any time or for any period;
- any errors in, or omissions from, the information contained on this Website;
- any Products supplied by Tony Bianco; or
- these Terms or any breach of these Terms.
9. Disclaimer of Warranty
In preparing this Website, Tony Bianco has endeavoured to offer current, correct and clearly expressed information. However, Tony Bianco cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information. Tony Bianco provides this Website and its contents on an “as is” basis and use of this information is at your own risk.
Tony Bianco makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Tony Bianco expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.
To the maximum extent permitted by law, Tony Bianco will not be liable for any errors or inaccuracies in any advertising material.
10. Release and Indemnity
You agree to release and indemnify and hold Tony Bianco and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products purchased from Tony Bianco, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Tony Bianco reserves the right to amend or modify these Terms in its absolute discretion from time to time without individual notice to you. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms. You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.
Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
Tony Bianco reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and Products, at any time without notice to you.
We reserve the right to change or withdraw any Products, information or content featured on the Website or provided through our Services without notice. You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.
Waiver: Any failure or delay by Tony Bianco in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tony Bianco from exercising that power or right or any other power or right. To the maximum extent permitted by law, we are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Tony Bianco will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.
Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Tony Bianco and you or any other party unless expressly stated otherwise.
Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts. Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.
13. Copyright and trade mark notices
“Tony Bianco” is a registered trade mark of Bianco Retail Pty Ltd.
All contents of this website are: Copyright 2004-2018 Bianco Retail Pty Ltd.