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Terms & Conditions

When you buy an item from us, you are accepting the following terms and conditions.

1. TERMS OF WEBSITE USE

The Terms of Use

Ball Mason Australia Pty Ltd owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions ("Terms of Use"). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Ball Mason Australia Pty Ltd owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Ball Mason Australia Pty Ltd 

. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Ball Mason Australia Pty Ltd  or of the relevant trade mark owner.

Security

Ball Mason Australia Pty Ltd  cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Ball Mason Australia Pty Ltd provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Ball Mason Australia Pty Ltd may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Ball Mason Australia Pty Ltd provides this website and its contents on an "as is" basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Ball Mason Australia Pty Ltd will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Ball Mason Australia Pty Ltd Privacy Policy is published on this website and sets out our commitment to you on privacy, including our use of "cookies".

Governing Law

Ball Mason Australia Pty Ltd operates this website from its offices within Australia. The laws of the New South Wales govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

3. TERMS OF PRODUCT PURCHASE

The Agreement

In addition to the Terms of Use, these terms and conditions ("the Purchase Terms") set out the additional terms and conditions under which you may purchase from Ball Mason Australia Pty Ltd products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Ball Mason Australia Pty Ltd  once Ball Mason Australia Pty Ltd accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notifyBall Mason Australia Pty Ltd if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Ball Mason Australia Pty Ltd by selecting products and pressing the "purchase now" button on the checkout page.  Please check your order prior to completing check-out as orders will be considered final and no additions or subtractions can be made once payment has been received in full.   Once an order has been placed we are unable to accept cancellations and alterations between transmission of the order and processing of the order. Ball Mason Australia Pty Ltd reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Ball Mason Australia Pty Ltd at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Ball Mason Australia Pty Ltd upon Ball Mason Australia Pty Ltd acknowledging such order or failing to reject such order within 14 days. 

Product Availability

Ball Mason Australia Pty Ltd uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Ball Mason Australia Pty Ltd  may need to reject an order you have placed for a product where Ball Mason Australia Pty Ltd establishes that it is actually unavailable for delivery. In such cases Ball Mason Australia Pty Ltd will refund in full all amounts you paid in respect of such unavailable product. Ball Mason Australia Pty Ltd cannot provide backorders or rainchecks for products ordered online, and, where permitted by law, reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. You can select to pay directly out of your own bank account, by Paypal  or by credit card/EWAY. 

To pay for products directly out of your bank account, you will need to arrange the payment with your own banking institution. You agree that you are responsible for entering the correct details of theBall Mason Australia Pty Ltd bank account.  Your bank is responsible for processing and the security of your payment, and you hereby release Ball Mason Australia Pty Ltd from any liability in relation to such payment. Please refer to your bank's terms of use for conditions applying to online services.

To pay for products by Paypal, you will be transferred to an external site operated by Paypal. You agree that Paypal is responsible for processing and the security of your payment, and you hereby release Ball Mason Australia Pty Ltd from any liability in relation to such payment. Please refer to Paypal's terms of use for conditions applying to payment processing services.

To pay for products by EWAY, you will be transferred to an external site operated by EWay Australia / National Australia Banking Group Limited ("NAB"). You agree that Eway is responsible for processing and the security of your payment, and you hereby release Ball Mason Australia Pty Ltd from any liability in relation to such payment. Please refer to Eway's terms of use for conditions applying to payment processing services. Due to fees charged by credit card and Paypal companies we must charge a fee of 2.5% to help cover theses costs.

If you are unsure if your order has processed correctly after putting in your payment details, please contact us to check.  Do not place a duplicate order unless you wish to have 2 orders sent to you.  Duplicate orders made in error and identified prior to shipment will be credited to your account to use against future orders.  If you wish to receive a refund, a $5 .50 administration fee applies.  Duplicate orders which are shipped may be returned but the postage charge to return the items will be for the sender's account and the original shipping fee on the order will not be refunded or credited.

Variation of Products and Price

Ball Mason Australia Pty Ltd may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.  Products and their inclusions are outlined in the item description.  The item description and item title need to be read together and not in isolation of each other.

Prices offered on www.ballmason.com.au may vary from prices offered on other third party websites or in our physical store.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Ball Mason Australia Pty Ltd's Delivery Policy published on this website, and the Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Ball Mason Australia Pty Ltd provides delivery. Where goods are sent via courier, you may be required to sign that the goods have been received in good condition, unless you have indicated on your order that the delivery can be left if the premises are unattended. You must make reasonable efforts to check your delivery before signing for the delvery. If you subsequently find that the goods are not in good condition, Ball Mason Australia Pty Ltd will only take responsibility for the goods to the extent that is required under product warranty.  Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Where you have authorised for your goods to be left if you are unavailable to sign for the goods, we will pass on these instructions to the relevant delivery agency.  There is no onus on the delivery agency to adhere to these instructions and at their discretion the goods may be returned to the nearest depot in the case of noone being available to sign for goods.  In these instances, Ball Mason Australia Pty Ltd will not cover redelivery fees to your nominated address or provide alternative redelivery except where a redelivery fee is agreed and paid.

If you have chosen insured shipping the insurance covers the cost of the lost or damaged items (excluding freight) and does not cover return freight if you elect to have a replacement rather than compensation for your loss.  Return shipping costs must be paid before a replacement item is sent. 

Ball Mason Australia will not be responsible for any customs or duties payable on goods shipped internationally and will not refund orders where such payment is refused requiring that the goods be abandoned.

Free and flat rate Shipping advertised on this website only applies on this website and not to third party websites.  Free / Flat rate shipping is within Australia only.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Ball Mason Australia Pty Ltd's Returns Policy published on this website, and the Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

Return Policy

At Ball Mason Australia, we want our customers to be completely satisfied with their purchase and aim to remedy any warranty faults as quickly as possible.

Please familiarise yourself with our policy on refunds, returns and repairs and your rights under the Australian Consumer Law.

We also recommend you immediately inspect any goods that we deliver to you to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.

Change of Mind

Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or found the goods cheaper elsewhere. Please preview any orders before adding them to your shopping cart and proceeding with your order.  In some circumstances we will accept exchanges provided the goods are returned in pristine condition with their original packaging with freight paid by the purchaser.  A 20% restocking fee will be applicable.  Orders cancelled prior to packing will incur a $5.50 administration fee to cancel the order.  This fee may be waived where a credit is held on your account to use against subsequent orders.

Goods Damaged in Transit
In the rare case that any goods arrive damaged, please contact us as soon as possible.  Please create a ticket by clicking on the "Submit Ticket" link on the top of any page; login and describe what has happened and attach photo of the damage. Provided you have purchased transit insurance we can offer options for replacement like new items sent, refund or store credit.  Please NOTE that items sent as replacements under insurance are not insured so if the replacement items also break there is no further recourse against Ball Mason Australia.

Refunds

Refunds will be made via the method of payment you used to make your online purchase. Refunds will normally be processed within seven (7) days.

Delivery Charges

If goods must be returned to Ozfarmer for assessment, you are responsible for the delivery charges to have the product returned to us.  We recommend using a delivery method that allows tracking of your shipment to ensure that your product reaches us. 

If we assess that the goods are covered  by a manufacturer’s warranty and are able to be repaired or replaced, Ball Mason Australia will meet the cost of returning the goods to you. 

Returns and Repairs

Goods must be returned within a reasonable time. This timeframe may vary from product to product and may depend on the type of product you purchased and the price you paid.

Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description.

You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which fee may vary due to reasons beyond our control.

In some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Where goods are replaced under warranty, the warranty period is not renewed but is deemed to start from the original purchase date.

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