1. Agreement
1.1. All Terms and Conditions described below apply to you, (the “User”) and your use of the All About Bamboo Website (the “Website”), and related networks, programs, and processes, including online purchase of goods or services.
1.2. In browsing, ordering and/or purchasing through the Website, the User agrees to all Terms and Conditions, as described below.
2. Interpretation
2.1. In these Terms and Conditions:
Agreement refers to all terms and conditions, and includes terms related to orders placed by the User via the Website (where applicable).
Customer refers to the person or legal entity named in any quote, invoice or sales document issued by All About Bamboo.
Delivery Cost includes all costs associated with delivery, as detailed in an Order.
Goods refers to all Products listed in an Order.
Intellectual Property refers to all rights associated with copyright, designs, images (including still images, audio and audio-visual media), logos, patents, trademarks, and trade names).
Material means any and all information (including, but not limited to, data, drawings, and source codes), and/or images in any form (visible or otherwise) that are in use, or stored, on the Website
Pre-sale refers to the sale of Products in anticipation of the items being in stock at, or near to, the date of dispatch, as stated in the Product listing on the Website.
Products are any items listed on the Website (for sale or otherwise); the term includes extended warranties.
Website means the internet site located at snappofficefurniture.com.au and operated by All About Bamboo.
2.2. In the terms of the Agreement:
– any reference to the singular includes the plural;
– reference to any gender includes all gender descriptions;
– reference to any Act or statute includes any Act or statute which replaces, modifies, or supercedes any earlier Act or statute;
– reference to persons includes related corporate and incorporated bodies and associations, and vice versa;
– references to clauses are to clauses in this Agreement, unless otherwise specified.
– numbered paragraph headings are merely descriptive and for convenient reference only.
3. Site Use
3.1. The Website might contain links to other websites, for User convenience only. All About Bamboo is not responsible for links which are no longer current and/or maintained. Neither does All About Bamboo accept responsibility for the content or the privacy policy and practices associated with linked web sites.
3.2. The User must ensure that access to, or use of, the Website does not contravene any laws or regulations that apply to the User.
3.3. The User must take all reasonable precautions to ensure that all means of accessing the Website do not expose the User’s computer system to the risk of damage as a result of viruses, malicious computer code or other forms of interference. All About Bamboo accepts no responsibility for any such damage which might arise in connection with the use of the Website.
4. Price
4.1. Prices listed on the Website are in Philippine Peso (PHP), unless otherwise specified.
4.2. Prices listed on the Website are exclusive of all applicable taxes, unless otherwise specified.
4.3. All prices listed on the Website are subject to change without notice. Prices for items in an Order are fixed only when the Order has been confirmed. After an Order has been confirmed, no subsequent price changes, either upward or downward, will be applied.
4.4. When a Discount Code is entered, at the checkout stage, the relevant discount will be applied to the total cost of any Goods, but NOT to the associated Delivery Cost.
4.5. The Customer agrees to pay the delivery charges that have been calculated at the time of purchase, and listed in the Order confirmation.
4.6. Any offer of free shipping is made at the sole discretion of All About Bamboo; the Customer might incur additional charges where delivery is to remote areas, as defined by All About Bamboo.
4.7. All About Bamboo reserves the right to refuse a sale.
4.8. Where a listed Product has a price with a cross line through, the price refers to a previous selling price.
5. Product Specifications
5.1. All features and specifications of Products, as described or depicted on the Website, are subject to change without notice.
5.2. Listed dimensions and weights of Products are approximate.
6. Orders
6.1. To place an Order, the User must complete the Checkout Form on the Website and click the “Place Order” button. After the Order is placed, All About Bamboo will issue an Order Number, via email. By placing an Order, the User/Customer makes an offer to All About Bamboo to purchase selected Products, based on these Terms and Conditions.
6.2. Orders are deemed to have been received by All About Bamboo at the time we sends the Order confirmation to the Customer’s nominated e-mail address.
6.3. All About Bamboo may use e-mail as its primary method of communication with Customers. It is the Customer’s responsibility to provide a correct e-mail address, and to check the associated e-mail inbox for correspondence.
6.4. Each Order (after confirmation) represents a separate agreement between All About Bamboo and the Customer.
6.5. All About Bamboo reserves the right to refuse, or to cancel, any Order that is a request for commercial quantities of Goods.
6.6. All About Bamboo, at its sole discretion, may cancel a Customer’s Order, at any time before Goods are dispatched; this includes Orders for Products offered on a Pre-sale basis.
6.7. Where an Order is cancelled, any funds paid in relation to that Order will be returned, in full, as soon as reasonably practicable. The Customer will be notified, via e-mail, of the cancellation and the amount of the refund.
6.8. As part of its commitment to continuous improvement, All About Bamboo reserves the right to alter specifications with regard to Goods, at any time, and without prior notice to the Customer. Such alteration does not entitle the Customer to cancel an Order, return Products, or otherwise avoid any obligations and/or liabilities under these these Terms and Conditions.
6.9. All About Bamboo does not accept responsibility for Orders that are declined, or otherwise fail to be accepted, as a result of problems related to internet connections.
7. Payment
7.1. All About Bamboo currently accepts online payment via Visa/Mastercard, Gcash, GrabPay, Paymaya and Over the Counter such as 7-eleven .
7.2. Payments will be processed immediately upon confirmation of a Customer’s Order; this includes payment for Products that are listed as Pre-sale.
7.3. If a Customer’s nominated payment method initiates All About Bamboo internal protocols for suspect transactions, All About Bamboo may contact the Customer, either to confirm further details, or to cancel the transaction.
8. Delivery and Ownership of Goods
8.1. All purchases via the Website are sent through a dispatch service (the “Service”), a service that is separate from the supply of Goods. The Service dispatches the Order to a third party carrier, and provides instructions to enable the carrier to deliver the Goods to the Customer.
8.2. After the Order has been dispatched by All About Bamboo, as in 8.1, the dispatch service will be deemed to have been provided; All About Bamboo will not then be obliged, in any circumstances, to refund the delivery fee paid by the Customer.
8.3. After Goods have been dispatched, as in 8.1: All About Bamboo does not accept responsibility for delivery and/or time of delivery of Goods; it is the Customer’s responsibility to contact All About Bamboo nominated carrier, to confirm the date and time of delivery, and to be available to take delivery, during business hours or as otherwise arranged in advance, according to the carrier’s instructions. The Customer will receive all information regarding delivery from a third party; All About Bamboo will not, therefore, guarantee the accuracy of such information. All About Bamboo will provide tracking information to enable the Customer to maintain contact with the carrier.
8.3. After Goods have been dispatched, as in 8.1: All About Bamboo does not accept responsibility for delivery and/or time of delivery of Goods; it is the Customer’s responsibility to contact All About Bamboo nominated carrier, to confirm the date and time of delivery, and to be available to take delivery, during business hours or as otherwise arranged in advance, according to the carrier’s instructions. The Customer will receive all information regarding delivery from a third party; All About Bamboo will not, therefore, guarantee the accuracy of such information. All About Bamboo will provide tracking information to enable the Customer to maintain contact with the carrier.
8.4. All parties acknowledge that shipping delays occur from time to time; All About Bamboo does not accept liability for any loss and/or damage caused by such delays; neither, in such circumstances, will All About Bamboo refund any amounts paid for the Order or delivery of the Order.
8.5. All parties acknowledge that Goods are occasionally damaged in the process of delivery by carriers. If this occurs, the Customer may contact All About Bamboo, in accordance with Clause 9. In circumstances other than in accordance with Clause 9, All About Bamboo will not be liable for any refund of payments, or for any damage caused thereby, or for any delays involved in carrying out the process outlined in Clause 9.
8.6. The scheduled date of dispatch listed on the website is a reasonable estimate, provided by All About Bamboo and subject to change without notice. If the dispatch of a Product is delayed for more than 1 week, the Customers will be notified, via the e-mail address provided in the Order.
8.7. Goods will not be dispatched to Shipping addresses.
8.8. Upon signing for delivery of the Goods, the Customer accepts title and risk with regard to the Good. All Goods as listed on the order shall be deemed to have been received in good order and condition and without shortage unless notified in writing to the contrary within 10 days of delivery.
8.9. If the Customer provides written authority for Goods to be delivered without requiring a signature on receipt, any and all included insurance cover will be voided upon the Goods being left according to instructions.
8.10. All About Bamboo nominated carrier will deliver Goods during business hours (9am to 5pm, Monday to Saturday), unless otherwise arranged, in advance, with All About Bamboo.
8.11. If the Customer wishes to cancel an Order, the Customer must obtain prior consent from All About Bamboo and with all freight charges prepaid by the Customer. Returned goods, if accepted by All About bamboo, are subject to a restocking fee as per All About Bamboo’s return policy.
8.12. The Service provided by third party carriers includes delivery of Goods only to the ground floor and/or the front door (a door-to-door service), by a single delivery driver. The Service does not include: carrying items inside, upstairs, or in lifts; the removal of wrapping, assembly, or placement. The Customer is responsible for arranging the means, and/or assistance (e.g. from friends or neighbors) required to bring Goods inside (or outside, if Goods are to be returned) from (or to) the front door or ground floor of the residence or building.
8.13. Where Goods are deemed to be “oversize” (weighing more than 25kg), the Customer must assist (or arrange assistance) with the carrying of the Goods between the delivery vehicle and the front door, or ground floor entrance, unless the Customer has arranged an alternative and/or premium service with All About Bamboo, before Goods were dispatched.
9. Refunds and Returns
9.1. All About Bamboo is not required to provide refunds, except when Goods are deemed to have a major fault, or in accordance with 8.11.
9.2. Refunds are not available for services where no goods are offered.
9.3. For any returns under these Terms and Conditions, the Customer must send an e-mail to: returns@allaboutbambooph.com.
9.4. To facilitate a return, the Customer must comply with directions from All About Bamboo staff.
9.5. Returned Goods, complete with all accessories, must be in their original packaging, and must be in a re-saleable condition. If All About Bamboo, at its sole discretion, determines that a returned item is not re-saleable, payment for that item will not be refunded.
9.6. If Customers arrange the return of Goods, they accept responsibility for ensuring that items are returned safely and in re-saleable condition. All About Bamboo will not accept responsibility for items lost in transit.
9.7. Where an item has been damaged in transit, or has a fault unique to the individual item delivered to the Customer, and therefore not a fault that would be found in a replacement, All About Bamboo would not consider either to be a case of ‘major fault’, regardless of the extent of the damage or fault.
9.8. For reasons of environmental concern, All About Bamboo will not pick up furniture it deems, in its sole discretion, to have irreparable damage or faults. It is the Customer’s responsibility to dispose of such items, via hard-waste collection or other available means.
11. Intellectual Property
11.1. The Intellectual Property in any Material on the Website is the property of All About Bamboo. A User/Customer may not adapt, modify, display, distribute, perform or reproduce any Material, or any part of any Material, without express authorization under this Agreement, or by other means.
12. Indemnity
12.1. Users/Customers waive, release, discharge and relinquish any and all claims, which they have now or might have against All About Bamboo, and which are connected with, arise from, relate to or are incidental to the use of the Website.
12.2. Users/Customers agree to indemnify All About Bamboo, to keep All About Bamboo indemnified, and hold All About Bamboo harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that might be incurred by All About Bamboo arising out of or in connection with Users’/Customers’ use of the Website and the use of any All About Bamboo Products outside the manufacturer’s specifications, as outlined in Product manuals and notified to Users/Customers from time to time.
13. Liability
13.1. To the extent permitted by law, All About Bamboo will not be held liable for any loss of income, loss of profits, loss of contracts, loss of data, or for any indirect or consequential loss or damage of any kind, howsoever arising, and whether caused by tort (including negligence), breach of contract or otherwise; the maximum aggregate liability for any Product supplied to the Customer, whether in contract, tort (including negligence) or otherwise, shall not, under any circumstances, exceed the amount payable by the Customer to All About Bamboo, in respect of the Product(s) in question.
13.2. To avoid any doubt, nothing in this clause limits or restricts Customers’ ability to make a claim that might be available to them with regard to a failure on the part of All About Bamboo to comply with a guarantee under the Australian Consumer Law.
14. Privacy
14.1. All About Bamboo gathers personal information about its Customers for the purposes of:
1. marketing, supplying or delivering Products to them;
2. carrying out repair work (whether under-warranty, or otherwise);
3. improving and developing its Products; and
4. expanding its business.
14.2. All About Bamboo is committed to protecting Customers’ privacy and personal information – as part of its legal and ethical commitment to compliance with relevant laws, and more importantly, because All About Bamboo is aware that Customers are concerned about how their personal information might be used and shared. All About Bamboo will never share, rent, sell, or otherwise disclose, personally identifiable information, in violation of the commitments set forth in this clause 14.
14.3. In the process of dealing with Customers, All About Bamboo may collect and hold the following types of information:
1. Information about Customers or target customers that is given to All About Bamboo by those persons, or information obtained from sources in the public domain – e.g. magazines and newspapers.
1. Information that is collected incidentally, as All About Bamboo deals with various corporations, about the roles and personal attributes of officers, employees and other representatives of those corporations, and about the means of communicating with them.
14.4.Types of information outlined in 14.3 may be held as electronic records, in data storage systems and as hard copy, with lawful access allowed only by company officers, employees and contractors who need such access to perform their duties.
14.5. From time-to-time, All About Bamboo may engage other companies and/or individuals to carry out functions on its behalf – e.g. a third party repairer for warranty repairs. In those circumstances, All About Bamboo may disclose to such companies and/or individuals whatever personal information is necessary for them to deliver services on behalf of All About Bamboo.
14.6. Customers can request access to their personal information, in accordance with the National Privacy Principles (Privacy Act 1988). Such requests can be made by emailing privacy@snappofficefurniture.com.au. Retrieval of personal information will incur a $30.00 administration fee.
15. General
15.1. All About Bamboo reserves the right to make changes to the Website and Order Terms and Conditions without notice.
15.2. Any provision of this Agreement which becomes void or unenforceable may be removed from this Agreement without affecting the enforceability of any other provisions.
15.3. A failure or delay, on the part of All About Bamboo, to exercise a power or right given under this Agreement will not represent a waiver of that power or right; and the exercise of a power or right by All About Bamboo does not preclude All About Bamboo’s ability to exercise that or any other power or right in the future.