OFFER TERMS & CONDITIONS
Discount codes and promotions cannot be used in conjunction with any other offer. During our sales our Products are already discounted so your promotion or discount code will not be valid when purchasing sale items. The offer is subject to availability on full priced items only. Free delivery is only available on standard Australian delivery.
GENERAL TERMS & CONDITIONS
All Products sold by us are subject to the Terms and Conditions set out below. Nothing mentioned in these Conditions affects your statutory rights. All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions. Your order becomes binding once we have accepted it. It is your responsibility to check that all details of your order, such as specifications, measurements, dimensions, Product features, access and delivery, are correct and suitable to your requirements prior to placing your order.
THE WEBSITE, BANBURY CROSS & YOU
This Website, found under the www.banburycross.com.au URL, is operated by T&LG Kennard Pty Ltd and references to "we", "us" and "our" shall be deemed to be references to T&LG Kennard Pty Ltd. References to "you", and "your" shall be deemed to be references to any person placing an order via this Website.
PLACING AN ORDER
Please follow the onscreen instructions taking you through the process of placing an order on the Website.
An order acknowledgement email will be sent to you detailing the Products you have ordered. The acceptance of your order will occur when you receive the confirmation note from us, unless we have notified you that we do not accept your order or you have cancelled it prior to the acceptance. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if: the ordered Product is out of stock or unavailable; we identify a pricing or Product description error; or we are unable to obtain authorisation for your payment. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with or unclear about any aspect of these terms, please contact us before placing an order.
BASIS OF SALE
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may suspend or refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under Australian law you must: be over 18 years of age; register by providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address in Australia or New Zealand; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and possess a valid credit or debit card issued by a bank acceptable to us.
All prices are quoted in AUD. We are not able to process GST refunds. All prices are correct at time of entering but may change due to in advertent administrative errors or circumstances beyond our control. Prices and availability of goods are subject to change without notice. We reserve the right to reject any offer to purchase from a customer for any reason.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. All card payments are processed for you by our credit card acquirers for a fee included in the cost of your purchase. The balance is paid to T&L Kennard Pty Ltd. The total amount you pay is the same regardless of the payment method.
We endeavor to display through this Website all items in our current range. However, occasionally an item will be out of stock.
YOUR RIGHT TO CANCEL
If you wish to cancel an order please contact us via our on-line Contact Us Forms. We are unable to cancel orders that have already been dispatched, and will therefore request that you follow the Returns instructions.
Delivery dates and weeks are not guaranteed and specific times and days cannot be agreed at any time during the order process. Any delivery dates specified are only estimates and may be subject to change. We can accept no liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery. A delivery charge will be added to your order value where appropriate. Please see our delivery times and charges. It is your responsibility to provide an accurate, secure postal delivery address. For most parcels an adult’s signature will be required. Multiple types of Products may be delivered separately. Please read Delivery Information in conjunction with these terms and conditions before placing your order.
Our Products are designed for domestic use only. If Products are intended for non-domestic/commercial use, it is your responsibility to check your requirements with your local fire authority or other relevant authorities.
CONFORMITY OF GOODS
Every effort is taken to ensure that the Products supplied correspond as closely as possible to the Samples but they may vary due to unique and characteristic variations of natural materials. We are not responsible for any such variations, which add to the unique quality of the Product. Many of our Products are individually hand finished and there may be differences between manufacturing batches, which will be more apparent if orders are placed at different times. These are not defects.
We take every care to ensure that the description and specification of our Products on our Website are correct. However, specifications and descriptions of Products on this Website are not intended to be binding and are intended only to give a general description of the Products. Furthermore, while the colour reproduction of the Products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the Products.
We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.
RETURNS & CANCELLATIONS
Once Products are assigned or despatched, you have the right to cancel within 7 days following delivery*. In addition we offer a good will returns policy so you may return the eligible Products within 14 days of receipt by post*. Please contact us to arrange the return of the item. Unless the item is faulty, it is returned at your own cost. The item must be returned with proof of purchase (a receipt or despatch note), unused and in a saleable condition and with the original packaging. You should take reasonable care of the Products while in your possession and when returning the Products, package properly and securely to prevent damage or loss in transit. We ask that you obtain proof of posting. You bear the risk of loss and damage to the Products until we have received them. Refunds will only be given through the original payment method. We cannot be responsible for interest charges made by your credit card company whilst waiting for returns to be refunded to your card. This provision does not affect your statutory rights as a consumer.
*Items that are Made to Order cannot be returned or refunded unless faulty. This includes, but is not limited to some Fabrics and Wallpapers.
DEFECT & DAMAGE
On delivery, it is your responsibility to inspect and report to us any visible damage/defect to the Products and to your property. Do not leave Products wrapped and unchecked. All visible damage should be reported within a reasonable timeframe, we consider this to be within 3 days of delivery. If you believe our Products are of an unsatisfactory quality, please contact us as soon as reasonably possible and within 14 days. Please treat the Product with care while your claim is being investigated. Refer to our Delivery and Returns information.
DATA PROTECTION & PRIVACY
In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit, and our records of your visits to the Website, will be used to monitor and improve our service to you, and for marketing purposes. We may send you brochures or leaflets displaying our Products.
We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
DISCLAIMER & LIMITATIONS OF LIABILITY
T&LG Kennard Pty Ltd uses reasonable endeavors to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and T&LG Kennard Pty Ltd will not be responsible for any errors or omissions or for the results arising from the use of such information. Whilst T&LG Kennard Pty Ltd takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
Further, T&L Kennard Pty Ltd will not be responsible nor liable for your use of any other Websites which you may access via links within this Website. T&LG Kennard Pty Ltd does not control these Websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with T&LG Kennard Pty Ltd. The entire liability of T&LG Kennard Pty Ltd under or in connection with any contract for any Products to which these conditions apply shall not exceed the price of the Products, except as expressly provided in these conditions.
T&LG Kennard Pty Ltd will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
COPYRIGHT, TRADEMARK & INTELLECTUAL PROPERTY
All copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by T&LG Kennard Pty Ltd or our licensors. The contents of these pages are the copyright or trademark of T&LG Kennard Pty Ltd or our licensors. ALL RIGHTS RESERVED. The modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website is prohibited.
LAW & TERRITORY
These Terms and Conditions and your use of our Website are governed by Australian law and you agree to submit to the non-exclusive jurisdiction of the Australian court.
AMENDMENTS TO THESE TERMS & CONDITIONS
We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
Registered Address: T&LG Kennard Pty Ltd Henderson St Denistone East NSW 2112 AUstralia
ACN: 604 948 950