Terms and Conditions of Sale
Please carefully read the terms and conditions that are detailed below as they form the basis of the sale agreement between you and BOS Australia when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions of sale and that your purchase from us is subject to these terms and conditions. BOS Australia reserves the right to amend the terms and conditions of sale at any time so we suggest that you review these terms and conditions prior to the completion of the purchase of any goods from our online shop.
Commencement of Contract
Your sale contract with BOS Australia commences when we receive your payment. We reserve the right not to accept an order if we have reasonable grounds to believe that the order has not been placed in good faith, in which case we will advise you of that decision by email and refund any amounts of money received as soon as possible.
Direct Debit Request Service Agreement
- Debiting your account
1.1 By signing a Direct Debit Request or by providing us with account a valid instruction, you have authorised us to arrange for funds to be debited from your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. Or We will only arrange for funds to be debited from your account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
- Amendments by us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice.
- Amendments by you
You may change, stop or defer a debit payment, or terminate this agreement by providing us with at least 15 days notification by writing to: PO BOX 3916 MOSMAN NSW 2088 or Email: firstname.lastname@example.org or by telephoning us on 02 9011 5455 during business hours;
Or arranging it through your own financial institution, which is required to act promptly on your instructions.
- Your obligations
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
4.3 You should check your account statement to verify that the amounts debited from your account are correct
5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 02 9011 5455 or email@example.com and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly. Alternatively, you can take it up directly with your financial institution.
5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.
You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.
(b) your account details which you have provided to us are correct by checking them against a recent account statement; and
(c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you
secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
(a) to the extent specifically required by law; or
(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to
Borneo Orangutan Survival (BOS) Australia Inc. PO BOX 3916 MOSMAN NSW 2088 or firstname.lastname@example.org
8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
8.3 Any notice will be deemed to have been received on the third banking day after posting.
We will always use our best endeavours to ensure that prices on our website are accurate and up to date. We reserve the right to alter our prices at any time without notice. Our primary prices are denominated in Australian dollars. If you purchase in a different currency we offer a price conversion option which shows an estimated price of our products and charges in your local currency, however, the actual charge will be the Australian dollar price converted by your credit card issuer when your credit card is charged. BOS Australia has no control over and makes no warranty related to the currency conversion used by the issuer of your credit card. The name “BOS Australia” will appear on your credit card statement. Our prices include Australian Goods and Services Tax which is currently 10%. Our product prices do not include postage and handling. Our final charge includes an amount for the products you purchase and an amount for postage and handling. International customers should note that all charges related to duties and taxes in the country of destination are the responsibility of the purchaser.
Postage and Handling
Our product prices do not include a fee for postage and handling. All orders are supplied from Melbourne, Victoria, Australia and all orders will be subject to an additional fee for postage from that location. We endeavour to dispatch orders within three days of receiving confirmation of payment. We use Australia Post to deliver our products. Within Australia, you may select to have your order sent by regular airmail or by registered post. If you select the lower cost option of regular airmail then you agree to use a service which does not include any accountability for parcel delivery once the parcel is given to Australia Post. If you select registered post then we suggest you provide a delivery address where someone will be available to sign for your delivery. International customers may select to have their order sent by regular airmail, with or without insurance coverage. If you select the lower cost option of regular airmail then you agree to use a service which does not include any accountability for parcel delivery once the parcel is given to Australia Post. BOS Australia has no control over and makes no warranty in relation to the performance of Australia Post or any other company which we may use to deliver our goods.
Availability of Products
All sales made on our website are subject to availability. Whilst we will use our best endeavours to ensure that products shown on our web site are always available, we may run out of stock from time to time. Should this be the case with your order we will contact you at the email address you have supplied and give you the option of waiting until the product is in stock or cancelling the order and receiving a full credit for the amount charged to your credit card.
We take great pride in the quality of our products. You are required to notify us of any faulty product by email within 14 days of receipt of your goods. If you inform us that you have received a faulty product then we will supply a replacement at our cost (including postage) once the faulty product has been returned to us. If the product is no longer available we will offer you an alternative. If that is not acceptable to you we will provide a refund covering the cost of the product and postage.
Goods Damaged in Transit
We make every endeavour to ensure that our products arrive in good condition; however we cannot take responsibility for the performance of Australia Post or any other company selected to deliver your goods. If you select regular airmail and receive goods which you believe have been damaged in transit and you inform us by email within 48 hours of receiving the goods then, we may, at our option, send a replacement to you after you have returned the damaged goods to us. If you have selected the “insurance” option then you may make a claim in accordance with the conditions of that cover.
BOS Australia may or may not use the services of a third party to provide insurance to cover loss or damage during delivery.
Goods Lost in Transit
If you have chosen to have your goods delivered by regular airmail then we cannot take responsibility for the performance of Australia Post or any other company selected to deliver your goods. For Australian customers who have selected the “registered post” option, we will send a replacement product once we have confirmation from Australian Post that the goods have been lost. For International customers who have selected the “insurance” option, we will send a replacement product within 48 hours of receiving notification that the goods have not arrived. If the product is no longer available we will offer you an alternative. If that is not acceptable to you we will provide a refund covering the cost of the product and postage of your original order. International deliveries may take up to two weeks from the date of purchase. BOS Australia may or may not use the services of a third party to provide insurance to cover loss or damage during delivery.
Incorrect Goods Supplied to You
We make every endeavour to supply you with the products you have ordered; however if you receive goods which you believe you have not ordered then you are required to notify us in writing within 48 hours of receiving those goods. We will ask you to return the incorrect product to us. Once we have received your return we will send you the correct product (subject to availability) without further charge and give you a refund equal to the reasonable postage cost of returning the incorrect goods to us.
Use of Goods
It is essential that all products purchased from BOS Australia are used in the manner that they are intended to be used as described on our web site. BOS Australia accepts no responsibility for any damage, loss or injury caused by use of our products in any manner contrary to the intended use.
Limitation of Liability
To the fullest extent permitted by law, the liability of BOS Australia for breach of any implied warranty or condition which cannot be excluded is limited at the option of BOS Australia to the replacement of goods or the supply of equivalent goods or the payment of the cost of replacing the goods.
The BOS Australia web site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked sites are not under the control of BOS Australia and BOS Australia is not responsible for the contents of any linked web site. BOS Australia provides links as a convenience to our customers only. The inclusion of any link does not imply any endorsement of the contents of any linked web site.