Terms & Conditions

This Terms of Sales Agreement is a contract between you as The Customer and Adelaide Bathroom & Kitchen Supplies (ABK Supplies) ABN 13 695 032 804.

These terms apply to the ordering, purchasing and delivery of goods from Adelaide Bathroom & Kitchen Supplies and form a binding contract between you and Adelaide Bathroom & Kitchen Supplies.

The following terms contain important information and should be read carefully prior to ordering, purchasing, and delivery of goods. Limitations of liability are also included within these terms.

If you have any questions you can: Email us anytime at: sales@abksupplies.com.au

We, Us, Our, refers to Adelaide Bathroom & Kitchen Supplies ABN 13 695 032 804.

You, and Your means the purchaser of the goods from Adelaide Bathroom & Kitchen Supplies and agree to form the agreement under these terms.

1. General

We reserve the right at all times to make changes to these terms. Any variations to these terms will take effect from the time they are updated on the website. The terms which apply at the time of Order are those that govern your relationship with Us with respect to that order.

Should you be a regular purchaser from ABK Supplies, we advise you to review the terms & conditions of sale prior to purchasing.

Any provision of these terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms or affect the validity or enforceability of that provision in any other jurisdiction.

A failure or delay by ABK Supplies to exercise a power or right under these terms does not constitute a waiver of that power or right, and the exercise of a power or right by ABK Supplies does not preclude its future exercise or the exercise of any power or right.

These terms & conditions of sales are governed by the Laws of South Australia and your transaction is deemed to have taken place in Adelaide, South Australia.

2. Terminology

The following terminology apply to these terms.

Large & Bulky Goods are large goods where extra handling and additional resources are required for delivery (i.e. two person delivery). Additional Delivery Fees and requirements may apply. To check whether goods you are ordering are affected, look for the ‘Large & Bulky’ symbol when placing your Order on our website.

Business Day means a week day in which trading starts from Monday to Friday from 9.00am to 5.00pm, excluding public holidays.

Delivery Address means the address to which the goods are to be delivered as stated on your Order.

Delivery Agent means a nominated delivery party or shipping company for ABK Supplies, it can be ABK Supplies’ in house delivery service, an Independent Courier Company, or directly from supplier.

Delivery Fee means the fee charged by ABK Supplies for the delivery of goods.

Goods means the items offered for sale.

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase goods from ABK Supplies under these terms.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified (including GST).

Privacy Policy means the ABK Supplies’ Privacy Policy found on the Website.

Returns Policy means the ABK Supplies’ Returns Policy found in Section 6 of this Terms Of Sale policy

Special Delivery means delivery of goods that cannot be delivered by Standard Delivery such as Large and Bulky items (e.g. baths, toilet suites and some other large items).

Website means ABK Supplies’ website www.abksupplies.com.au

Website Terms means the terms governing your use of the Website.

3. Orders

An order submitted by you is an offer by you to purchase goods for the stated price (Errors and omissions excepted (E&OE)) plus any delivery fees that may arise as specified at the time you submit your order. Orders may be placed by completing the required form on this website.

3.1 In completing your order, you agree to provide complete and accurate personal details and/or those of the recipient of gifts to enable the processing and delivery of the order. This information will be passed on accordingly to the delivery agent under the Privacy Act (Cth) 1988.

3.2 Once you submit the order to us, an order number will be provided to you. The order number is required for communicating between you and our customer service centre.

3.3 It is our right to accept or to reject your order at any time.

3.4 When we accept your order it constitutes an agreement between you and ABK Supplies to supply the goods under these terms. Errors and omissions excepted (E&OE).

3.5 If we reject an order, we will notify you with the reason for rejection via email within 5 business days.

3.6 When the order is rejected ABK Supplies’ will refund any money paid to us in respect of that order as per clause 6.

3.7 You acknowledge and agree that:

1. a) All pictures and images of goods displayed on the Website are for illustrative purposes only. Sizes and dimensions of goods may differ in real life, and any accessory featured with the goods is for illustrative purposes only, and may be sold separately;
2. b) You have read any written description of the goods on the Website before submitting your Order;
3. c) The colour of goods as shown on the Website may vary in real life; and
4. d) Where we provide dimensions and measurements in the descriptions of a Good, it is your responsibility to ensure that the actual size of each items is suitable for your purpose prior to submitting your Order (including whether there is appropriate and safe access to your Delivery Address for delivery of the goods).

4. Availability of goods

From time to time some goods on the website may be out of stock or unavailable and we may not be able to fulfil all or part of your order. If this happens, ABK Supplies will use all reasonable endeavour to either:

1. a) Source the goods; or
2. b) Contact you within 5 business days to either:

Arrange a full or partial refund; or

Change your order to replace the goods with a comparable product as agreed with you; or

Come to an alternative arrangement.

Where a comparable product or alternative arrangement cannot be agreed, we will refund you the Price paid for the goods as per clause 6.

5. Price & Payment

5.1 All prices quoted are in Australian Dollars and where applicable inclusive of goods and services tax (GST) unless otherwise stated.

5.2 For each order, we will charge you and you will agree to pay:

1. a) The price at the time the order is submitted; and
2. b) The delivery fee (if applicable).

5.3 You can pay for your goods by any method specified on the order form on the website. In respect of paying by credit card, the name on the credit card must match the name on the order.

5.4 Any payment for an Order must be cleared by ABK Supplies before goods are despatched. If your payment cannot be processed, your Order will be rejected under as per 3 and you will be notified of this. If a credit card payment cannot be processed you should contact your card issuer first to try to resolve the problem, or use an alternative payment method in order to continue with your Order.

5.5 An order confirmation will be provided once the payment has been cleared. This is proof of purchase and may be used for warranty claims.

6. Returns, Refunds, & Exchanges

ABK Supplies’ Returns Policy applies to all purchases made at abksupplies.au.

ABK Supplies’ Returns Policy does not exclude or replace your rights given under the Australian Consumer Law and Regulations.

Returns

ABK Supplies will require satisfactory proof of purchase before providing a credit, refund, or exchange under the Australian Consumer Law. Provided your product remains boxed and as new. Please check specifications with your Plumber or Builder before ordering, as all dimensions are subject to manufacturing tolerances and can vary slightly.

All returns for refund must be accompanied by a Return Authority and the correct proof of purchase. A full refund, exchange or repair of goods will be considered under the following circumstances:

You must contact our Customer Service via email at sales@abksupplies.com.au within 2 days of delivery to enquire about returning the product.

6.1 We will not accept for return any product that has been used or installed or where you have attempted to install it, or if your product is custom-made or is a special order item (ie. large items such as baths, basins, vanity units, mirrors, toilets, shower screens, special finishes, and appliances).

6.2 No refund or exchange will be given: for change of mind purposes or if the goods are found cheaper elsewhere

6.3 You must adequately package any product you are returning to us to ensure that it is not damaged during return delivery to our warehouse. All items including packaging must also be returned in original condition.

6.4 If ABK Supplies processes a refund under these terms, it will use reasonable endeavours to process the refund within 5 business days after we received the goods in our warehouse. Your receipt of your refund will depend on the period of time it takes your financial institution to process the refund. ABK Supplies is not liable for any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

6.5 We are not able to refund the delivery costs, or payment processing fees (Eg: PayPal or Stripe fees that ABK Supplies is charged by payment processing merchants).

6.6 It is a condition of Visa, MasterCard, and other card schemes that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. ABK Supplies is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you used for your Order.

6.7 ABK Supplies is committed to protecting your privacy. You may be asked to present photo identification so that we can record your name and verify your signature. Acceptable identification must also include your full name with a future expiry date. For example, Australian Driver’s Licence or Passport.

Please note, when returning merchandise totalling $300 or more and requesting refund, your name, address and ABN (if applicable) will be required.

Information collected will be securely stored for a reasonable period of time. It may be used for fraud protection activities and for the purpose of ABK Supplies research and analysis. It may be disclosed to state and territory departments upon request, as required by law.

6.8 If a discretionary refund is approved outside the above-mentioned circumstances, a Restocking Fee of up to 25% of the current value of the goods will be charged to the client. Freight arrangement, insurance and cost will be the Customer’s responsibility.

If at any time you wish to discuss your order, or have any queries, please do not hesitate to contact Customer Service via email at sales@abksupplies.com.au

Consumer Guarantees

If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).

Where you believe an item has a manufacturer fault, please contact ABK Supplies Customer Service Team at sales@abksupplies.com.au for assistance.

Where an item is damaged through misuse or abnormal use, or incorrect installation by an unlicensed trades person, ABK Supplies cannot provide a refund, exchange or repair, whether the fault is identified by ABK Supplies, the manufacturer or their service agent.

All claims for damaged goods must be reported to ABK Supplies within 48 hours of receiving the goods. Any damage claims may be rejected by our suppliers after this period.

7. Delivery

In delivering your goods ABK Supplies uses delivery agents to deliver your goods. You agree that your details, including your Name, Delivery Address and Contact Number, will be supplied to the Delivery Agent for the purpose of delivering your goods.

If you are not personally available to accept delivery, you may include Authority To Leave instructions in Order Notes for your order (at bottom of checkout page), or appoint a representative to accept and sign on the delivery in your place. The representative must be over 18 years of age and capable of receiving delivery on your behalf. You agree that we will be entitled to rely on your representative’s instructions as if they were your own.

The courier is unable to ring prior or during delivery.

Redelivery fees are charged to you and must be paid prior to redelivery of goods if nobody is at the delivery address at time of delivery and if there is no Authority To Leave noted on your order.

Delivery may attract some fee, and the fee associated is payable in addition of the purchase price of each product.

The delivery driver will not carry items up or down stairs. All bulky goods deliveries are to a level surface only (Eg. Carport or garage). Bulky goods will not be delivered into house or up steps.

Delivery Areas

7.1 We offer shipping to most areas within Australia.

A surcharge may be applicable in WA, NT, TAS & some Remote and Regional Areas. If this is the case please contact us with your postcode/suburb, contact number and email address prior to your purchase to confirm the delivery costs. This will prevent any additional invoices in relation to excess courier costs that must be paid prior to delivery.

Delivery Times

Shipping times vary depending on locations.

ABK Supplies is not liable for any Loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

To ensure delivery can take place, you agree to give us as much detail as possible about particular features of the Delivery Address in advance by emailing our Customer Service Centre at sales@abksupplies.com.au after placing your Order. This includes, without limitation:

1. a) Restricted access or parking for delivery vehicles;
2. b) Restricted or limited access to the premises; or
3. c) For Large, Bulky and Fragile goods, if someone will not be available to assist the delivery driver to unload the goods (For Adelaide Metro Deliveries).

General

If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make a delivery or for any other reason delivery cannot take place, a calling card will be left. You may arrange another delivery date by you following the instructions stated on the calling card. Additional delivery fees may be required to be paid by You, the Customer if delivery cannot be made at the first attempt.

7.3 Where you fail to follow the instructions on the calling card left for you within 7 working days of a failed delivery, you must email our Customer Service Centre at sales@abksupplies.com.au for further information about claiming your Order, as the Goods may be returned to Sender. Costs of Us not being able to complete the delivery is to be borne by You ‘The Customer’.

7.4 It is important that you inspect and test the goods and ensure the goods delivered match your Order. You must let us know about any damaged, missing and incorrect goods as soon as possible by contacting our Customer Services Centre by email at sales@abksupplies.com.au You can otherwise return goods as per clause 6. Any goods replaced under the Returns Policy due to being faulty, damaged will be delivered to you free of charge. These goods may need to be returned to Us or Supplier to facilitate the changeover. We will contact You to organise the return of the faulty goods.

7.5 Some large, bulky and fragile goods may require more than one person to handle, it is your responsibility to provide the additional person at the delivery address (For Adelaide Metro Deliveries).

8. Supplier Direct

Some goods are supplied to you direct from our suppliers. Different terms may apply to the delivery of those goods as set out in this clause.

Supplier Direct goods are delivered separately to any other goods in an Order, and may incur an additional Delivery Fee.

9. Order Cancellations/Changes

Existing orders can only be cancelled or modified by contacting ABK Supplies Customer Service Centre at sales@abksupplies.com.au. You should carefully read and check that your order is accurate before you submit it to us. If the goods have been despatched by ABK Supplies’s supplier/s then fees may apply as per clause 6.

10. Title

Title of the products will pass to you upon the later of delivery or payment being received by us. Should for any reason your payment be declined we reserve the right to reclaim the products from your possession, control regardless of whether they have been delivered to you or removed from the delivery address. Risk of loss, damage or wear and tear will be passed to you upon dispatch of your order.

We reserve the right to resell the goods that have been repossessed from you.

11. Promotions and discounts

You may receive offers and promotions, emailed to you by ABK Supplies, which may include a promotional or coupon code (Code) for use when shopping on ABK Supplies website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of placing an Order. We cannot apply the Code after you have submitted your Order.

12. Website terms

When using our website (www.abksupplies.au) you agree that:

12. Your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

ABK Supplies makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither ABK Supplies, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

This website is copyrighted and owned by ABK Supplies ABN 13 695 032 804, or in the case of some material, a third party.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.

Viruses

ABK Supplies cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release ABK Supplies entirely of all responsibility for any consequences of its use.

Third Party Sites

ABK Supplies website may contain links to third party sites. ABK Supplies is not responsible for the condition or content of those sites as they are not under ABK Supplies’ control. You access those sites and/or use the site’s products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by ABK Supplies of the sites or the products or services provided on the site.

ABK Supplies is not responsible for the privacy practices of sites that are linked to ABK Supplies website via hyperlinks, banner advertising or otherwise. Please take care at all times to check whose site you are visiting.

Applicable Law

This site is created and controlled by ABK Supplies. Your use of this site is governed by, construed and enforced in accordance with the laws of South Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of South Australia.

This site may be accessed throughout Australia and overseas. ABK Supplies makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.

13. Privacy

ABK Supplies is committed to protecting your personal information in accordance with the Australian Privacy Principles (APPs) in the Privacy Act (Cth) 1988 and, the Spam Act (Cth) 2003.

This Privacy Policy is available on the ABK Supplies website at www.abksupplies.au, or you can request a copy by contacting our Customer Service Centre at sales@abksupplies.com.au

For further enquiries please feel free to contact us

14. Termination

ABK Supplies reserves the right to, at its discretion, terminate the agreement for the supply of goods to you via ABK Supplies website.