Terms and Conditions
These terms and conditions apply to the use of our Website, including the purchase of goods and/or services. By using our Website for any purpose you agree to be bound by these terms and conditions. If you don’t accept these terms and conditions you are not permitted to use the Website for any purpose. These terms and conditions must be read in conjunction with our privacy policy, our delivery policy, our returns policy and any other policies relating to our Website. Those policies form part of these terms and conditions but where there are inconsistencies between these documents, these terms and conditions take precedence.
When we say “we”, “us”, “our” or “Brafit Direct”, we mean Brafit Direct Pty Ltd ACN 134 789 469.
When we say “you”, we mean each individual or other entity (for example, a company) using our Website.
When we say “Website” we mean www.brafitdirect.com and all its pages. We hope to expand our brand, and so “Website” also refers to any other website or webpages we may open or operate from time to time.
Dealing with these Terms and Conditions
By submitting an order on our Website, you are making an offer to purchase the items in your order from us for the price specified on the order. We may accept or reject that offer once it is submitted at our discretion. Because our acceptance process may be automated, you may not cancel the order once it is submitted even if we have not yet notified you of our acceptance of it.
We may agree, at our discretion, to modify an order for you if you notify us by telephone or email of the proposed modification prior to dispatch.
Payment must be made in the manner indicated in your order. We will not dispatch goods until payment has been made in full.
Once the goods are dispatched, the risk of loss or damage in the goods passes to you. Title in the goods passes to you when we have accepted your offer to purchase and you have paid in full for the goods.
The prices indicated on our Website represent prices at which we will consider offers to purchase the goods in your order. All prices include Australian Goods and Services Tax for residents of Australia, and are exclusive of Goods and Services Tax for residents of other countries.
We may change the prices indicated on our website from time to time, without notification.
Our delivery policy represents the anticipated delivery times for products sold through our Website. Because we rely on third parties for delivery, we do not guarantee that delivery will in fact occur within our anticipated delivery times. Time is not of the essence in any contract which we enter into with you, and we expressly disclaim any liability for failure to deliver products within our anticipated delivery times. If we believe that we are unlikely to be able to deliver within our anticipated timeframe, we will make reasonable efforts to contact you to advise you of the revised delivery time.
We are a reseller of products manufactured by third parties and do not manufacture our own products. Consequently, to the extent permitted by law, we expressly disclaim all warranties whether express or implied, including warranties as to fitness for purpose or merchantability. This disclaimer does not affect any manufacturer’s warranties which may apply.
Our returns policy governs how we deal with products which you wish to return.
Our Website provides the opportunity to provide reviews of products in return for accumulating discounts as described in the “Reviews” section of our Website. You warrant to us that you own any information you provide to us and you agree that any information you provide to us (including any intellectual property) during that process becomes our property, and we may use it in any way we choose without further compensation to you provided that we comply with our privacy policy.
The terms and conditions in this document apply even if you are not making a purchase from our Website. You agree that despite all reasonable precautions on our part, our Website cannot be guaranteed to be error free, uninterrupted, timely or secure and you acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of any agreement between you and us, and to the fullest extent permissible at law, will not give rise to any liability or compensation to you.
This Website has been prepared in accordance with Australian law and may not satisfy the laws of other countries. It is your responsibility to determine whether access to and use of our Website satisfies the laws of the jurisdiction you are in, and if it does not, then you are not permitted to access or use our Website. You warrant to us that if you access or use our website, you are not acting outside any law which applies to you.
We have no reason to believe that any content on our Website is incorrect, however we do not warrant the accuracy, adequacy or completeness of the content of our Website.
From time to time we may host advertisements on our site from third parties. Responsibility for the content of those advertisements, and websites which they link to, rests solely with the advertiser. The fact that an advertisement appears on our Website does not does not constitute a recommendation or endorsement of the products or services advertised, and any representations made in advertisements are made by the advertiser only and not by us.
You agree that despite all reasonable precautions on our part, there is a risk of unauthorized access to or alteration of your transmissions or data or of information contained on your computer system or on our Website. We do not accept responsibility or liability of any nature for any such losses which you ay sustain as a result of such activity.
You agree that you will not attempt to access the source code, decompile or otherwise investigate the computer code which operates this site. You further agree that you will not attempt to access any data records, customer details or information held by us or any of our affiliates or business partners to which you have not expressly been granted access by us. You further agree that you will not do anything which may result in an interruption to or deterioration in the service provided to other users of our Website.
You agree to indemnify us against any cost, loss, liability, expense (including legal expenses on a full indemnity basis) and consequential loss, loss of business (as reasonably estimated by us) or loss of opportunity which results from any attempt you make to do any of the activities listed in the preceding paragraph, whether successful or unsuccessful.
Access to and use of the site is not permitted by anyone who is associated with one or more of our competitors. You may not commercialise any information, products or services obtained from any part of our Website, and you agree to indemnify us against any loss or damage resulting from such commercialisation.
Dealing with these Terms and Conditions
If you use our Website you are agreeing to these terms and conditions. We may change the terms and conditions from time to time as our business needs require, and if we do we will post the changes on our Website. If you continue to use our Website after we post the changes, you are agreeing to the modified terms.
We are an Australian company, based in Queensland so the laws of Queensland, Australia apply to this policy, and the courts of Queensland and Australia have jurisdiction over disputes relating to these terms and conditions.
We have included examples to help you understand how the principles in these terms and conditions work, but obviously we can’t include every possible example. If we have included an example, or used the word “includes”, this doesn’t limit the application of these terms and conditions to other situations which we haven’t included as examples.
We may, at our discretion, waive any rights we have under these terms and conditions. If we do so on one occasion, this does not mean that those rights will be waived on any other occasion.
We hope to continue in business for ever, but despite this, we reserve the right to terminate access to our site at any time without notice. If this happens, our disclaimers survive any such termination.
