Terms & Conditions

Terms and Conditions 

Please review the following Terms and Conditions 

  1. In these Terms and Conditions, “we”, “us”, “Belluxe” means BELLUXE AUSTRALIA PTY LTD ABN: 76 638 404 485 and “you” means the person, organisation or entity that purchased the products or related services from us. 
  1. These Terms and Conditions may be varied by us from time to time in our absolute and sole discretion. The applicable Terms and Conditions to your order will be the Terms and Conditions in effect at the time your order is placed and accepted by us pursuant to the terms hereof. 

 Accessing and information on our website 

  1. We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may need to restrict access to our website (wholly or partly). You are responsible for making all arrangements necessary for your own access to our website. You are also responsible for ensuring that all persons who access our website through your Internet connection are aware of these Terms and Conditions, and that they comply with them. The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to Belluxe Australia. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent. 

 Our Product 

  1. We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions, it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. 
  1. In some cases, the products we offer for sale are made from natural or handmade materials, and there may be small variations between the product image(s) and the product you receive. We endeavour to ensure that all finishes are displayed accurately, but you should be aware that the finish may unintentionally appear inconsistent on different displays and screens. The shade of colour from screen to screen is not a fault or error. Returning items based on this discrepancy will be classified as a ‘change of mind’ and therefore will be at the expense of the customer. 
  1. To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our website. 
  1. On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. 
  1. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances where we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawal of any product from our website, whether it has been sold or not, removing or editing any materials or contents on our website, or for refusing to process or accept an order after we have sent you the order confirmation. 

Store Credit Conditions 

  1. Store Credit is in our absolute and sole discretion and, if granted, is valid for 3 years from the date of issue. Store Credit can be redeemed against all products on https://www.belluxeaustralia.com.au. Store Credit is non-transferable; proof of identity is required upon use. Store Credit may not be redeemed for cash. If your order total is less than the value of the Store Credit, the remaining balance will be available and can be redeemed against subsequent orders. Any remaining balance exceeding the value of your Store Credit must be paid via an alternate payment method. All returned items which are paid for using Store Credit are redeemable for Store Credit only. 
  1. Store Credit will be sent to the billing email address provided. Belluxe is not responsible if Store Credit is lost, stolen, destroyed, or used without permission. Belluxe reserves the right to cancel Store Credit if we deem such action necessary. Sales tax and shipping is applicable on any products purchased with Belluxe Store Credit. 

 

Orders and Payments  

  1. You may place an order with us by completing and submitting an online order form available on our Website or contacting us directly for a quote via phone and email. 
  1. We may, in our absolute and sole discretion, accept or reject an order.
  2. You must not order products or services from us if you are less than eighteen (18) years of age. We may, at our absolute and sole discretion, void any order by a person under eighteen (18) years old. 
  1. Please choose your products carefully. Prices, product details and stock levels can change, therefore you should check the latest listing on our website. It is your responsibility to check the order, (including all pricing, quantities and product information) before you complete the order process. 
  1. Item prices on quotations are only valid for 14 days. If you have not paid within that timeframe items may be subject to price changes. 
  1. We will advise you of your “order reference number” via a confirmation email once your order is accepted. To confirm your order, you must pay the specified deposit within the specified time. 
  1. For the avoidance of doubt, your order is not accepted until such time your order is placed, and becomes non-refundable once: 

(a) your order is accepted by us; and 

(b) we receive payment of the initial deposit in cleared funds from you. 

  1. Full payment is required upfront for backorders or items not in stock when orders are placed, even though goods may not be in stock at the time of ordering. 
  1. Once we have given you an invoice and you have paid a deposit, a binding agreement will come into existence and only these terms will apply in relation to the supply of the ordered products. Belluxe Australia reserves the right to change these terms at any time. 

 Custom Made Orders 

  1. For custom made orders, clauses 11 to 19 above shall apply in addition to the following terms.
  2. Once you have selected products from our website www.belluxeaustralia.com.au and send us your Order List with any relevant drawings and specifications for custom designed items to hello@belluxeaustralia.com.au we will supply you with a written quote within 10 business days. The quote will also contain details of the amount of deposit and any progress payments required. 
  1. The quotation is only valid 14 days.
  2. Standard terms of payment for custom made orders are 40% deposit, 40% before leaving China, 10% upon arrival Australia and 10% upon installation, if installation is required. If no installation is required 20% payment balance required when products arrive in Australia. 
  1. You may confirm your order by email or phone and we will provide an invoice to you. We will email you an update of the progress of your order. 
  1. Unless otherwise agreed with you in writing, manufacture for custom made items is approximately 6 weeks and delivery approximately 6 weeks from overseas. Delivery time is approximately 12 weeks from the date that production drawings are signed off by you. If delays occur, we will notify you. We are in no way responsible for any delays whatsoever. 
  1. You will approve and sign all production drawings provided prior to production commencing. Belluxe takes no responsibility whatsoever for their accuracy and correctness. 
  1. No changes will be accepted after production drawings have been approved.
  2. You will be responsible, without limitation, that on site all walls, floors, ceilings, services and adjacent surfaces affecting any custom made products are made to the correct sizes, and provide necessary structural supports for installation, and are plumb and square, as per approved production drawings. 
  1. No site measure will be done by Belluxe prior to production or delivery of custom-made products. Any changes required as a result of errors or discrepancies on site are your responsibility and will incur additional costs to rectify and or replace. 
  1. Once goods arrive, we will contact you to arrange final payment. Once payment is received, we will contact you to arrange a suitable pick up or delivery time. Unless stated otherwise and agreed to by invoice that the delivery of custom items will go straight to site, you will be required to allow access for a container to be delivered to and unloaded directly on site. If this is not possible additional charges will apply. Additional storage and handling fees will be applicable after 7 days of products arriving in our Australian warehouse, where products are to be delivered to our warehouse. 
  1. All vertical lifting equipment required above the ground floor level will be provided as necessary to move goods by you and at your expense. This equipment must be suitable to take the weight and size of products quoted and invoiced. 
  1. Belluxe is not responsible whatsoever for any damage that occurs to custom made products after they are delivered to a building site. You take full responsibility for their condition thereafter. Any work required to rectify or replace damaged products will incur additional costs. 
  1. You will be responsible for the disposal at your expense of any packaging that is unpacked and requires disposal for any custom made goods. 
  1. Once deposit is paid for any custom made goods:

(a) you are not entitled to any refund of any payments made to us; 

(b) you cannot terminate the order for supply of the products; 

(c) you are still liable for the full price of the agreed quotation. 

 

Delivery and Pickup 

  1. All stock items and/or back order items orders must be delivered in full in 1 delivery unless otherwise charged as separate deliveries, or can be picked up from our warehouse by appointment. Delivery is charged and not included in our quoted product prices. It will be clearly stated as a separate cost item on your quotation or order if delivery is requested by you. Any items not in stock will incur a separate delivery charge when they arrive, or can be picked up from our warehouse by appointment. Items not in stock will be on backorder, estimated delivery date will be advised at the time. No order includes delivery unless clearly stated and charged as a separate item on the invoice. The customer shall pay Belluxe the delivery charges in accordance with their current rates. You authorise Belluxe to deliver products to the place nominated by you and to leave the products at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place. 
  1. When a signed receipt or other acknowledgement is obtained from someone believed by Belluxe to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the goods delivered. Belluxe shall not be liable to the Customer for delays in delivery or failure to deliver due to strike, lockout or other industrial dispute, shortage of stock, shortage of labour, lack of skilled labour, delays in transit, fire, flood or any other cause whatsoever whether or not be beyond the control of Belluxe. Claims for shortages and/or breakages of any goods delivered will not be recognised unless made with Belluxe Pty Ltd within (7) days of receiving the goods. 

 Availability and Minimum Order Quantities 

  1. As a wholesale company we do not hold stock of all products on our website. Some products are subject to minimum orders which apply, this is noted on the website. We do our best to keep in stock most products that are advertised by us. Please contact us with any availability questions, if item is not in stock, we will give you an estimated delivery time. However we cannot guarantee delivery time frames. All stock availability, as represented on our website or by our sales or operations team, is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice. 
  1. If, for any reason, we cannot supply a product you have ordered, we will notify you over the phone or contact you using the details provided by you at the checkout process to amend, cancel or place your order on backorder as agreed with you. If you choose to place your order on backorder, we will contact you to arrange for delivery once the product is available. 

 Price and Payment 

  1. The price payable for a product is the one set out on our website at the time you place your order. All prices are inclusive of GST. Whilst we make every effort to ensure prices and product information on our website is correct and up-to-date, we take no responsibility and are not bound by them should they change and for any reason not be correct. Prices for our products displayed on third party websites may not be correct and we are not bound by them. 
  1. We accept Visa, Mastercard and Amex. We also offer payment through PayPal.
  2. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and use PayPal’s Payflow secure payment gateway, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party. 
  1. If you have a promotional/voucher/coupon code, you will be prompted to enter the code at checkout, and this will generate a discount from your cart value or add an incentive. To activate, simply enter a valid code then click the “Apply” button. All promotional codes have a unique set of terms and conditions automatically applied when issued and are only valid at our discretion. If you are unable to use a promotional code, please contact our Sales Team. 
  1. Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims. 

Title and Risk 

  1. Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or payment in full has been received by us. 
  1. If payment is not received for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We or our nominated agents are entitled to enter the premises where the products are located to retake possession. You shall be responsible for all costs associated with the repossession and collection of the products and you acknowledge that: 

(a) any repossession will not prejudice any right to recover any loss and damage suffered by us as a result of your breach; and 

(b) any loss or damages incurred by you in respect of the products or the repossession of the products are your sole responsibility; 

(c) Belluxe will not be in any way responsible for any loss, damage or any amounts whatsoever in any way arising from or relating to the repossession of the products. 

  1. You acknowledge that these terms create a security interest in the products and constitutes a security interest in the products and their proceeds which is a purchase money security interest to the extent that it secures payment of all or part of the purchase price for particular goods for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA). 
  1. You consent to us perfecting any security interest arising in connection with these terms by registering a finance statement on the Personal Property Security Register (PPSR) in any manner we consider appropriate. 
  1. You undertake to:

(a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which we may reasonably require to register a financing statement on the PPSR; 

(b) reimburse us for all expenses incurred in financing change statement on the PPSR; 

(c) registering a financing statement or give us not less than 14 days' prior written notice of any proposed change in your name and/or any other change in your details as recorded in the financing statement registered by us; 

(d) ensure that our security interest is enforceable, perfected and otherwise effective under the PPSA; 

(e) enable us to gain first priority (or any other priority agreed to by us in writing) for our security interest; and 

(f) enable us to exercise rights in connection with the security interest. 

  1. You waive any right to receive notice of any verification statement issued under the PPSA unless the notice is required by the PPSA and cannot be excluded. 
  1. Your rights under these terms are in addition to, and not in substitution for our rights under other law (including the PPSA) and our rights are not limited, excluded or otherwise adversely affected by the PPSA. We may choose whether to exercise rights under these terms, and/or under other law, as we see fit. 
  1. To the extent that Chapter 4 of the PPSA applies to the security interest under these terms, the following provisions of the PPSA do not apply and, for the purposes of section 115 of the PPSA are 'contracted out' of in these terms in respect of all products to which that section can be applied: section 95 (notice of removal of accession to the extent it requires us to give notice to you); 96 (when a person with an interest in the whole may retain an accession); section 121(4) (notice to grantor); section 125 (obligations to dispose of or retain collateral); section 130 (notice of disposal to the extent it requires us to give notice to you); section 132(3)(d) (contents of statement of account after disposal); section 132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (reinstatement of security agreement). You irrevocably waive any rights under section 130 and 132(4) of the PPSA. 
  1. The following provisions of the PPSA confer rights on the Owner: section 123 (seizing collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and section 134(1) (retention of collateral). You agree that in addition to the rights conferred in those sections of the PPSA, we shall, if there is default by you, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any products, not only under those sections but also, as additional and independent rights, under these terms and you agree that we may do so in any manner we sees fit, including (in respect of dealing and disposal) by private or public sale, lease or licence. Without limiting the generality of the above, if there is default by you, you must procure that we have the right to access the land where the products are located for the purpose of securing the products and agrees that we will be held harmless from trespass. We will not be liable for, and you will indemnify and keep us indemnified from and against any costs, claims, damages or losses expended or suffered by us whether or not contemplated by the parties, in recovering the products (including legal costs on a full indemnity basis). 
  1. The parties agree not to disclose information of the kind that can be requested under section 275(1) of the PPSA. You must do everything necessary on your part to ensure that section 275(6) (a) of the PPSA continues to apply. The agreement in this clause is made solely for the purposes of allowing you the benefit of section 275(6) (a) of the PPSA and we shall not be liable to pay damages or any other compensation or be subject to injunction if we breach this clause. 
  1. You must not create, purport to create or permit to be created any security interest (as defined in the PPSA) in the products whatsoever. 
  1. Nothing in these terms may be construed as an agreement or consent by us to sub-ordinate any security interest granted in favour of us in favour of any person, or defer or postpone the date of attachment of any security interest granted in favour of us. 

 

Warranty 

  1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and it doesn’t amount to a major failure. In addition to the statutory guarantees provided under the Australian Consumer Law, Belluxe offers additional contractual warranties for its products, the terms of which can be found in the product documents of the product listing of our website. 
  1. When making a warranty claim, you must do so via the form on the warranty page of our website here. Upon receiving this request, an After Sales team member will be in contact to advise of a resolution. Where a failure in goods does not amount to a major failure, to the extent permitted by law, we reserve our right to offer to repair a product instead of refunding or exchanging the product in our sole and absolute discretion. If Belluxe agrees a full or partial refund is required either in accordance with the statutory guarantees or under these terms, an Belluxe staff member will process this transaction. 

Returns 

  1. If you would like to return a product for any reason, please email hello@belluxeaustralia.com.au to lodge your return email. Upon receiving this request, a team member will be in contact to advise of a resolution in accordance with our Returns Policy. If Belluxe agrees a full or partial refund is required in accordance with our Returns Policy, a Belluxe staff member will process this transaction. Custom made items are non-refundable. The Customer shall not return goods to Belluxe without the Supplier’s prior consent. Belluxe will accept the return of goods and provide a credit against such returns to the Customer providing the product is returned to our premises in the original packaging and in saleable condition. The credit request must also specify the original invoice number in respect of the goods as proof of their purchase. The Customer will pay a restocking fee of not less than 20 % of the price of the goods to be returned. The Customer will not be entitled to return any goods which have been custom made, custom cut, custom processed orcustom acquired for the Customer or where the goods are not in brand new and unused condition with undamaged packaging as at the date of their proposed return or where the goods have been damaged due to installation contrary to manufacturer’s instructions. 

Proof of Purchase 

  1. Returns, warranty claims, refunds, exchanges or repair requests must be accompanied by any one of the following proof of purchase documents: Receipt, Tax Invoice (order confirmations will not be accepted) or Financial Statements such as a bank statement, credit card statement. 

 General 

  1. We may change any provision in these Terms and Conditions without notice, therefore we advise that, even if you are a frequent purchaser from us, you check these Terms and Conditions whenever you want to purchase products from us. Any change of these Terms and Conditions will only apply to future orders. None of our agents, employees or any third parties have any authority to change these Conditions of Sale. 
  1. We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you. 
  1. You must not assign any rights and obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent. 
  1. If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions take effect (where possible) as if they did not include that provision. 
  1. Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. 

 Contact Us 

If you need to contact us for any reason, please do so by using the details provided below. 

Belluxe Australia Pty Ltd 

A: 31 Boundary Rd Mordialloc Victoria 3195 

P:1300 161 368 

E: hello@belluxeaustralia.com.au