These Terms and Conditions govern the Users (‘you’ or ‘your’) use of the website www.bombayfashions.com.au (“the Site”) and your relationship with Bombay Fashions (“we”, “us” or “our”) who operate the Site and provides the services available on the Site.
1.1 By accessing or using the Site, you are acknowledging that you have read, understood and agree to be bound by these Terms and Conditions, noting however that nothing in these Terms and Conditions may limit statutory rights which you have under Australian Consumer Laws.
1.2 If you have any questions regarding the Site or these terms and conditions, you can contact us at: Bombay Fashions Email: info@bombayfashions.com.au
1.3 These Terms and Conditions apply from Ist May 2020. Updated 8 June 2020
2.1 These terms and conditions are a formal agreement between us and apply to your use of our Site including the sale of retail goods to you. By using the Site to browse, place an order or buy goods from us, you will be deemed to have read and accepted all the terms and conditions contained in this agreement.
2.2 Please also review our Privacy Policy, which is listed separately but forms a part of these Terms and Conditions and governs your visit to the Site, so that you may understand our privacy practices.
3.1 All orders placed by you are subject to our acceptance. We reserve the right at all times and in our sole discretion to refuse to accept an order for any reason and without liability to you.
3.2 To place an order consumer are to make an account on the website, which will be approved by us. Bombay Fashions account is important for orders and for you to enjoy special promotions by Bombay Fashions.
3.3 After you have placed the order with us, we will send you an order acknowledgement by email with your order number and details of the product you have ordered. This email is only an acknowledgement of receipt and is not an acceptance of your order. The acceptance of your order and a contract of sale between us will not take place until you have been advised the goods you have ordered are available and these goods have been paid for in full including any applicable charges. No payment shall be considered to have been received until we have received payment in cleared funds.
4.1 You may browse our website without registering but when you place your first order you will need to register with us and complete certain fields on our order form.
4.2 You should not disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorized use of your username and password. Without prejudice to our rights, we may suspend your access to the website without liability to you if in our reasonable opinion such action is necessary to safeguard the website.
4.3 Before you submit your order you will be given the opportunity to review your selection, check the total price of your order and correct any errors. Your order represents an offer by you to purchase items selected by you.
4.4 If items shown on our website are not available or are incorrectly priced or incorrectly described, we shall not be obliged to sell you the items as shown.
4.5 We reserve the right to change at any time and without any previous notice the items offered on our website.
4.6 It is important that you check carefully the quantity of goods that you order from us. We will deliver what you order. Whilst you have a right of cancellation and exchange (terms and conditions apply) you must pay for the delivery costs back to us.
4.7 Any date cut-off applied to events, including but not limited to sales and marketing promotions, on the Site will terminate at 11:59pm on the final day of the event according to AEST or AEDT depending on the time of year.
5.1 We have made every effort to represent the colors of our products as accurately as possible. However, due to differences in viewing screens and monitors we are unable to guarantee that the color you see on your monitor will reflect the true color of the product. If you have any questions about the product you may of course contact us (see “Contact Us” on the Site).
5.2 Bombay Fashions warrants that the goods that you buy will at the time of delivery to you correspond to the description given by Bombay Fashions. Every description or specification of the Products we sell is given in good faith.
6.1 All prices on the website are quoted in Australian Dollar inclusive GST but exclude delivery charges if applicable, which are detailed separately below.
6.2 We may change the prices on the website at any time and without any notice.
6.3 We try to ensure that all prices quoted on the site are correct. However, despite our best efforts, mistakes can sometimes occur. If we have quoted an incorrect price on the site and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However, if the correct price is higher than that originally quoted, we will contact you to confirm if you would still like to order the goods.
7.1 We accept Visa, MasterCard, as methods of payment.
7.2 You confirm that the credit card/debit card that is being used is yours or that you are authorized to use it. All credit /debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be liable for any delay or non-delivery. Furthermore, we are not obliged to inform you of the reason for the refusal. You should note that your bank or card issuer may charge you as a result of our processing your credit /debit card payment in accordance with your order. The Site has no responsibility for such charges.
8.1 We will process all orders within 1-2 working days, based on the public holiday calendar for Victoria. Where there is a delay in the supply of goods, we will advise you as soon as practicable. If the goods cannot be delivered within 30 days of your order, we will notify you of this delay as soon as possible and you may cancel your order or agree an alternate delivery timetable with us.
8.2 Orders will be sent to the delivery address that you have submitted on your order form. We cannot be held responsible if that delivery address is incorrect.
8.3 Please note that while we prefer to deliver to physical addresses, we can also deliver to PO Boxes. In the case of a PO Box address being used, it is the order recipient’s responsibility to ensure collection of goods where applicable.
8.4 Please note that we can only deliver to addresses within Australia. Inquiries regarding deliveries to other countries can be directed to physical address that submitted on your order through Australia Post.
8.5 We will arrange delivery of goods through Australia Post or third party parcel delivery services. Any delivery time scales quoted are indicative only. Whilst we utilize the services of highly professional and reputable delivery companies, we do not accept any liability for delayed delivery caused by a third party.
8.6 Goods are dispatched from Melbourne. As a guideline, from the time of dispatch goods should generally be delivered within 1-3 days to state capital cities, depending on location. Regional areas typically take a little longer. Fluctuations may apply, particularly approaching Christmas or during major disruptions such as the Covid-19 pandemic.
8.7 Consignment tracking is available at no additional cost.
9.1 Delivery charges will be calculated according to the goods weight and size of the parcel as directed by Australia post.
10.1 New, unused full-price merchandise purchased at store retail store may be exchange with an original receipt within 7 days of purchase. After 7 days, the merchandise may not be exchanged.
10.1.1 We offer a no-refund policy on all merchandises however, for merchandise qualifying for an exchange, item may be exchange for store credits which may be used at our Bombay Fashions Little India Dandenong Vic. 3175 outlet only.
10.1.2 Merchandise on sale may not be exchanged or returned. All merchandise must be returned in sell able condition, otherwise, an exchange would not be allowed.
10.1.3 We reserve the right to reject any form of exchange without the original receipt.
10.2 You must inspect all goods delivered to you immediately on receipt and in any event within three days of delivery.
10.3 You must within three days of delivery notify us of any alleged defect, shortage or other shortcoming in the goods which shall otherwise be deemed to have been delivered in accordance with your order. You may be required to provide photographic evidence in order to help us assess the matter.
10.4 If you properly reject any goods which are not in accordance with the agreement between us you must nevertheless return the goods to us post-paid.
10.5 Following assessment, we will replace the goods which we agree are defective or missing. You may otherwise exchange the item for something else, subject to stock availability.
10.6 If you wish to exchange an item, you will have to pay any difference in cost of the item and any additional delivery cost. We will tell you what this is so you can arrange payment.
11.1 When returning goods, please include your order number, full name and reason for return.
11.2 Please ensure the goods are packed securely, safely and in their original packaging to avoid damage in transit back to us. Please note we cannot accept an item for exchange if it has been damaged in transit to us. We advise you to utilize a delivery service which includes tracking of parcels.
Please note that items damaged after receipt or non-defective used items will not be exchanged.
12.1 Title of the products will be transferred to you on delivery.
12.2 Once a product has been received by you, all risk of damage to or loss of the items bought by you will pass to you.
12.3 To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our website and from any product you use.
12.4 Nothing in these Terms, shall limit or exclude our liability for personal injury or death caused by our negligence.
12.5 We will not be responsible or liable for any failure to perform our obligations that is as a result of anything we cannot reasonably control.
12.6 While we try to ensure a safe Site environment, you must take your own security precautions to ensure you are adequately protected against exposure to computer viruses, malicious code or similar occurrences when accessing the Site.
13.1 The Site may contain links to other websites. These links are provided for convenience only. We cannot warrant that linked websites are current, maintained or secure and we are not responsible for the content or privacy practices of any of these websites. Any links to other websites do not necessarily endorse, condone or recommend any of the owners or operators of these websites.