Terms & Conditions

By using our Site you consent to being bound by the Terms and Conditions which constitute a legal agreement between you and BSRF and the relevant Designer Appliances Gallery. Please read these Terms and Conditions carefully before using our Site. If you do not agree with any of these Terms and Conditions, please do not use our Site.
Individual policies of the Designer Appliances Gallery may differ from those applicable to your use of this Site.

Definitions

In these Terms and Conditions, the following definitions apply:
BSRF, We & Us means BSR Franchising Pty Ltd ABN 21 122 556 094, which owns and operates the brand Designer Appliances;
Designer Appliances and Designer Appliances Gallery are references to the individual retail businesses (or part of such businesses) operating under the Designer Appliances brands either as corporate stores of BSRF or under licence from BSRF;
Order means an order placed via the Site;
Personal Information has the meaning given to it under the Privacy Act 1988 (Cth);
Related Entity has the meaning given to it under the Corporations Act 2001 (Cth);
Site means www.designerappliances.com.au website.
Terms means these terms and conditions of use of our Site
You and Your means the site user or customer;

We provide this Site subject to these Terms, our Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section of our Site (for example, the terms of Order).

Our Goal

Our goal is to give our customers an online research and shopping experience that is as personal as shopping with a Designer Appliances gallery. Our website and processes are being constantly reviewed and developed. We are always looking for ways to improve, so please send us any feedback you may have by email to info@designerappliances.com.au.
All prices on this website are in Australian Dollars and are inclusive of GST but exclusive of delivery and freight costs.

Transactions On This Website

This site is owned and operated by BSRF, however all transactions conducted with customers on this site are conducted with Designer Appliance Galleries.
Your obligation as the customer to pay the Designer Appliance Gallery for the goods you have ordered is satisfied in full by making payment through Braintree, PayPal or any other third party payment gateway facility as provided through this Site, which payment is collected on behalf of the Designer Appliance Galleries by BSRF. All other arrangements and obligations with respect to your purchase of the goods and/or services remain with the Designer Appliance Gallery, including product warranties and servicing.
All prices on this website are in Australian Dollars and are inclusive of GST but exclusive of delivery and freight costs.
We operate in Australia and cannot supply products or services outside of Australia. For security reasons we reserve the right to review orders placed from outside Australia for pick up or delivery within Australia.
For the full terms and conditions relating to Order placement, please click here.

Australian Consumer Law

Nothing in these terms and conditions is intended to limit or exclude any provisions of the Competition and Consumer Act 2010 (Cth) or other similar state or territory laws (Consumer Law). In the event of any inconsistency between these Terms and the Consumer Law, the Consumer Law will prevail.

Accuracy

Linked Sites

All material available on our Site (Content) is provided for background, educational, information and personal entertainment purposes only. The Content does not represent professional advice and should not be relied upon without our specific and written consent. We reserve the right at any time to change or discontinue without notice any aspect or feature of our Site.
Whilst we have no reason to believe that the Content is inaccurate, we do not make any express or implied warranties, representations or endorsements whatsoever in relation to the Content.
Our Site contains links and references to websites maintained by third-party organisations that may have no commercial or other relationship with us (Linked Sites). The Linked Sites and references have been included for interest and convenience purposes only. We:

do not sponsor, endorse or approve of the views expressed on the Linked Sites or the information, products and services available on the Linked Sites;
do not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date;
do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy, reliability, completeness or currency of information contained on the Linked Sites; and
make no warranty or representation in relation to any information contained on the Linked Sites.

We reserve the right at our absolute discretion and without notice to remove hyperlinks or references to any Linked Sites. For the avoidance of doubt, framing of our Site or any part of our Site is not permitted without express permission.The conditions of use and privacy policy of any Linked Site may differ substantially from the terms and conditions that apply to your use of this Site. Please review the conditions of use for all Linked Sites before accessing or submitted any information via those sites.

Copyright and trademarks notice

Subject to the below, we own or have a licence to use all intellectual property rights including copyright in all Content contained on our Site and in the selection, arrangement and presentation of this Content and design of our Site.Any reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form is prohibited without our express written consent.

We do not own copyright in any third party material contained on Linked Sites or in any third-party material which appears on our Site with the consent of the copyright owner. We do not warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or
authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material or in any third party material which appears on our Site.

The logos and brand names, are the registered and unregistered trade marks of BSR Australia Ltd and other third parties. Nothing contained on our Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use any Copyright Material or trade marks without our prior written consent or the written consent of the third party owner.

We appreciate any product reviews, information or material submitted to the Site (content submissions). All content submissions sent to us will be deemed not to be confidential. By submitting any solicited or unsolicited information (including without limitation suggestions, ideas or comments but excluding purchase and payment information) using our Site, you grant us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever to the extent permitted by law.

Product Display/Colours

This Site attempts to display product images as accurately as possible. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using. Accordingly, all pictures and images displayed on this website are for illustration purposes only.
Product dimensions and specifications are given as helpful information only and are not to be relied on, particularly for final installation. Please refer to the manufacturer’s specification prior to purchase and to ensure there have been no recent alterations to the selected product.
Accessories are not included unless otherwise stated.

Viruses, Errors, Defects and Interruptions

You acknowledge that access to our Site and Linked Sites is affected by matters beyond our control. We do not guarantee that the files contained in our Site, Linked Sites or the servers on which our Site or Linked Sites are hosted are unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.
We do not guarantee that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected. You use our Site and Linked Sites at your own risk.
We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Site or the Linked Sites. You should take appropriate action to ensure that your access to, and use of this Site and other sites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.

Specific Warning

You must ensure that your access to our Site is not illegal or prohibited by laws which apply to you. We do not make any warranty or representation that information on our Site is appropriate for use in any jurisdiction other than Australia. By accessing our Site, you warrant and represent to us that you are legally entitled to do so.

Acceptable Use

You agree that you will not use our Site:

for any purpose that may prejudice the reputation or interests of BSRF, its Related Entities or any Designer Appliances Gallery; and
to send or post any messages or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.Without limiting the foregoing, you must not:
on-sell information obtained from our Site;
hack into, change or otherwise interfere with the operation of our Site or the Content (including knowingly transmitting a virus or other damaging material to our Site); or
tamper with the Site, misrepresent your identity, use buying agents or conduct fraudulent activities on the Site.

Security

Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation:

accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access;
using the Site for unintended purposes or trying to change the behaviour of the Site;
attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;
attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”;
forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
forging communications on behalf of the Site (impersonating this Site) or to the Site (impersonating a legitimate user).

Sending unsolicited and unauthorized e-mail on behalf of BSRF or any Designer Appliances Gallery, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site.

You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by us or generally publicly available browsers.

Privacy

We will record your email address if you send us a message seeking further information from us, lodge an online complaint, ask to subscribe to a mailing list or register to receive our range of marketing material or access specific sections of our website. Our Privacy Policy can be viewed here.

Disclaimer of Liability

Subject to the Australian Consumer Law, and to the extent permitted by law, BSRF, its Related Entities and each Designer Appliances Gallery:

exclude all liability to third parties, whether that liability arises in contract, tort or any other cause of action;
exclude any condition or warranty which would otherwise be implied; and
will not be responsible and/or liable for any incidental, special, direct or consequential damages, however caused, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if we have notice of or knowledge of the possibility of such damage.

Advertised Price Disclaimer

To the extent permitted by law, the following disclaimers apply with respect to prices and offers:

Prices and offers are subject to change without notice.
Some advertised products may have been available in store at lower prices than that advertised from time to time. Advertised savings are calculated against recommended ticketed prices in store and/or previously advertised prices. Some stores may have previously ticketed products at a higher price than that advertised, in which case savings would be greater.
The price for goods bought from your preferred Designer Appliances Gallery may be lowered after your order has been accepted and payment processed.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and payment for the order made.

Terms and conditions apply to all promotions and offers. Full details are available here.

Electronic Versions of Printed Catalogues

Electronic copies of printed catalogues (“Catalogues”) may be accessible from this Site. The duration of the offers or available quantities of products/services included in the Catalogues are subject to the disclaimers on the relevant Catalogue. Although we make every attempt to make all offers consistent, we do not guarantee or represent that that the products, services, pricing or any other offer in a Catalogue will be available to purchase via this Site.

Indemnity

You agree to indemnify us, our Related Entities and the applicable Designer Appliances Gallery from and against all loss, liability, claims, damage or expense of whatever nature which BSRF, its Related Entity, the applicable Designer Appliances Gallery or any third party may suffer (including legal fees on a solicitor and own client basis), arising out of or relating to, whether directly or indirectly:You agree to indemnify us, our Related Entities and the applicable Designer Appliances Gallery from and against all loss, liability, claims, damage or expense of whatever nature which BSRF, its Related Entity, the applicable Designer Appliances Gallery or any third party may suffer (including legal fees on a solicitor and own client basis), arising out of or relating to, whether directly or indirectly:

your use of our Site, including to send or post a message;
your breach of any provision of these Terms and Conditions; and/or
any intentional wrongdoing by you.

Cookies

Our Site contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. Cookies record your preferences in relation to your use of our Site and provide us with other information about your enquiry that allows us to recognise you in the future. The cookies on our Site do not read the information on your hard drive. They do not make your computer send information to any other computer via the Internet. If you effect a transaction using our Site or join Insider Club, it may become possible for us to link your identity to a cookie installed on your computer’s hard drive, however we do not do that. Our Site contains cookies. A cookie is a small text file that is sent back to your computer’s hard drive from a host website. Cookies record your preferences in relation to your use of our Site and provide us with other information about your enquiry that allows us to recognise you in the future. The cookies on our Site do not read the information on your hard drive. They do not make your computer send information to any other computer via the Internet. If you effect a transaction using our Site or join Insider Club, it may become possible for us to link your identity to a cookie installed on your computer’s hard drive, however we do not do that. When you visit our website the following information will be recorded by our Internet Service Provider (ISP) for statistical purposes:

your server address;
your top level domain name (e.g., .com, .gov, .au, etc);
the date and time of your visit to the site;
the pages accessed and documents downloaded;
the previous site visited, and
the type of browser used.

No attempt will be made to identify you or your browsing activities from these records except in the unlikely event of an investigation by the ISP, or where a government agency exercises a warrant to inspect the Internet Service Provider’s logs.

Entire Agreement

These Terms and Conditions constitute the sole record of the agreement between you, the relevant Designer Appliances Gallery and/or BSRF in relation to your use of our Site.. Unless otherwise specifically stated these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you, the Designer Appliances Gallery and/or BSRF in respect of or in any way related to your use of our Site.

Governing Law and Jurisdiction

These Terms and Conditions are governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. The State or Federal Courts located in Queensland will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms and Conditions.

Updating Terms and Condition

We may amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on our Site without notice from time to time. Your continued use of our Site constitutes acceptance of these revised Terms and Conditions.

Last Update

These Terms and conditions were last updated on 9 April 2020.

Conflict

Where any conflict appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, which relate specifically to a particular section of our Site, the latter shall prevail in respect of your use of the relevant section of our Site.

Waiver

No indulgence or extension of time which BSRF or a Designer Appliances Gallery may grant to you will constitute a waiver of or limit any of the existing or future rights except in the event of a signed written document expressly waiving or limiting such rights.

Assignment

BSRF shall be entitled to assign and delegate all or any of its rights and obligations in these Terms to any third party without notice.

Severability

All provisions of these Terms and any terms and conditions, policies or notices which relate to a specific section of our Site are severable from each other. If any provision of any terms and conditions, policy or notice becomes unenforceable in any jurisdiction it shall be excised and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Contact Information

If you have any queries, comments, or concerns regarding these Terms and Conditions, please contact us at BSR Franchising Pty Ltd, 18 / 56 Lavarack Avenue, Eagle Farm, Brisbane Qld 4009. Telephone: 07 3414 8700, email: info@designerappliances.com.au.

Updated 9 April 2020