3. Legal Capacity

• By making an on-line purchase you accept these terms and conditions and acknowledge that you:
  • are over eighteen (18) years of age, and/or
  • are entering into a legal contract with us.
• Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
• Supply of services to You / Termination
  • We aim to provide a positive experience for all users and members. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
  • We may stop (temporarily or permanently) providing access to the website to you, or to visitors or members generally, at our discretion and without prior notice to you.
  • We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
• Disclaimer
  • We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
    • errors, mistakes or inaccuracies on the website;
    • you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
    • personal injury or property damage of any nature resulting from your access to, and use of, the website;
    • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
    • any interruption or cessation of transmission to or from our website;
    • any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
    • the merchantability or fitness for any purpose of any product or service of any linked sites.
  • We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
  • We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is http://www.thebigbrick.com with no characters before or after "www.thebigbrick.com".
  • Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:
    • in the case of goods: the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and in the case of services:
    • the resupply of our services, or
    • the payment of the cost of resupply of our services.
• Use of services by you
  • You agree to use the website only for purposes that are permitted by:
    • this agreement;
    • any applicable law or regulation; and/or
    • generally accepted practice or guidelines.
  • You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
  • You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
  • You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
  • You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
  • You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
• Information on this Website
  • Information about products (ie goods and services) on the website is based on material provided by suppliers and product manufacturers.
  • You understand and agree that we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by manufacturers or suppliers changing product specifications without notice to us.
  • You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
• Orders
  • Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only.
  • Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
  • We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
  • You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% or $25 (whichever is lower) applies. Please contact us through the help centre.
• Price
  • The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
  • Prices are current at time of display but are subject to change.
• Payment
  • .All payments must be received in full prior to dispatch. Please read the Payment section of the website for payment options.
  • If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
• Supply of product
  • Subject to this agreement, we will supply to you the products shown on your order confirmation.
  • You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
  • Please read the Delivery section of the website for delivery options and details.
  • We do allow personal pick up Victoria only.
• Risk and Title
  • We retain ownership of goods until payment is received in full.
  • Risk in goods, such as loss or damage, passes to you upon delivery.
• Change of mind returns / Store credit
  • Your satisfaction is our number one priority however, please choose carefully as we do not refund or exchange simply because you changed your mind or the product was not what you expected.
  • However, if you wish to return products in their original packaging and in saleable condition we will provide you with a store credit for the purchase price less delivery fee. A restocking fee of 20% or $25 (whichever is lower) will apply.
  • Please contact us via the FAQ to obtain a Return Authorisation Number as no returns can be accepted without one.
  • We will provide you with a store credit only when we receive the returned product. Return postage is at your expense.
  • Store credits must be used within 12 months of issue. Store credits may only be used to purchase from thebibrick.com and are not redeemable for cash.
• Statutory Conditions and Warranty / Refunds
  • the Competition and Consumer Act 2010 (CTH) implies into all consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer. Under the statutory warranty:
    • We will refund, repair or replace if the product you receive - doesn't match the sample or description, doesn't do what it is supposed to do or is not of merchantable quality eg. defective or dead-on-arrival (DOA).
    • Where a refund, repair or replacement is approved under the terms of this warranty, we will pay for, or reimburse you for, any shipping costs to return the original product to us.
    • Warranty applies to the original product. Replacement product has the same warranty as the original. You must retain your proof of purchase for any manufacturer warranty claims.
    • We reserve the right to charge you, at our current hourly rate, for the cost of examining the good if our examination reveals that there has not been a breach of statutory conditions or warranties ie. the good is not DOA, not defective or faulty, or if it does match the sample or description.
    • Refunds will be issued by direct deposit, cheque or PayPal at our discretion.
  • In order to obtain these remedies:You must notify us within a reasonable time after you become aware that you wish to make a claim for a breach of condition or warranty in clause 15; generally within 14 days after you have received the product. Please contact us via the contact us page. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
  • In some circumstances, we may refund, replace or repair goods that you find have a defect or fault when you have owned or used it for some time but displays a manufacturing defect or fault within a reasonable time during which it should not have developed that defect or fault. Please contact us via the help centre.
  • A "reasonable time" is the amount of time that is reasonable to expect, given the cost and quality of the item.
  • Incorrect or defective goods must be returned to us in the condition received with all original packaging.
  • Replacement of good or refund and reimbursement of freight costs will not be made until the original good is received by us and your claim verified.
  • We aim to process refunds and replacements within 28 days of receipt by us of the original product.
  • We do not refund, repair or replace where in our reasonable opinion the product becomes unmerchantable due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
  • Products damaged in transit must be reported to us within 24 hours of receipt so that we may make a claim under transit insurance.
  • Goods that develop a defect after first use may be covered by manufacturer warranty. You may wish to contact the manufacturer regarding returns and repairs.