Terms & Conditions
- These terms and conditions of sale apply to goods marked as Direct Import Goods only. These terms and conditions apply in addition to the standard terms and conditions, and adopt, where applicable, the same definitions. Clause 18 (Change of Mind Returns) and Clause 19 (Defective Goods) are expressly excluded from applying to the sale of Direct Import Goods.
In all other clauses, in the event of an inconsistency between these Direct Import Terms and Conditions of Sale and the standard terms and conditions in relation to the sale of Direct Import Goods, these terms shall prevail.
- In this Agreement:
Direct Import Goods means Products that are sourced directly from outside Australia and which are available through this website and which are specifically labelled as Direct Import goods on the Website;
Import Order means an order for Direct Import Goods;
Selling Agent means GBW Australia Pty Ltd. T/A Brands4U.com.au, when acting in the capacity as agent for the Supplier;
Supplier means the third-party supplier of the product for the Direct Import Goods, who is a supplier located overseas which contracts with us to provide the Direct Import Goods. Any reference to a Supplier as defined in this clause is to be read as only relating to Direct Import Goods.
Taxes means value added taxes (including GST), all levies, imposts, charges and duties imposed by any authority and the cost of customs clearance in relation to Direct Import Goods.
“we”, “us” and “our” means GBW Australia Pty Ltd. Trading as Brands4U.com.au
“you” and “your” means anyone who uses the Website.
- If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
- We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes.
- Direct Import Goods displayed on the Website do not constitute an offer to sell. It is an invitation to treat only.
- Orders placed by you for Direct Import Goods are offers to purchase particular products from the Supplier, under the terms and conditions in this Agreement at the price specified (including delivery and other charges as may be specified from time to time, but excluding duties and taxes).
- To the extent permitted by law we reserve the right to accept or reject, on behalf of the Supplier, 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.
- You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel it. If you have any problems with your order, then you must go through the normal returns process outlined in clause 10.
- In the event that the Supplier cancels or is unable to fulfil your order (including because a product has become unavailable or the Supplier ceases selling the product for any reason whatsoever), the Supplier, through us, will provide a full refund of any payment received by us on behalf of the Supplier. Except as required by law (including the Australian Consumer Law), we or the Supplier will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and any other charges).
Price, Payment and Use of Discount/Coupon Codes
- The prices of products, delivery and other charges shown are in Australian dollars and are inclusive of GST (if any).
- Prices are current at the time of display but are subject to change.
- All payments must be received in full prior to dispatch. Please read the Payment section of the Website for payment options on checkout.
- If your payment is not received or is declined by your bank or credit card issuer, the Supplier cannot and will not hold the product against your order. In such instances neither we nor the Supplier guarantee that the product will be available should you try to order it again.
- A discount/coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount/coupon code may be used per order.
Direct Import Goods
- You acknowledge and agree that when purchasing Direct Import Goods, we are the Selling Agent for the Supplier, and you are purchasing the goods from the Supplier through our website.
- By placing an Import Order for Direct Import Goods, you are deemed to accept these Terms and Conditions including the obligations contained in this clause.
- Direct Import Goods are sold to you by the Supplier on a Delivered At Place (DAP) basis, in accordance with the Incoterms® 2010 terms, whereby the risk of ownership and title in the goods passes to you on the date and time the Supplier places the Direct Import Goods at your disposal at your named place of delivery.
- You acknowledge and agree that you will be recorded as the importer of the goods and will be the responsible party for any Taxes associated with the importation of Direct Import Goods, as well as, where applicable, compliance with any Australian standards or laws that may apply to the importation of such goods.
- You acknowledge and agree that we or the Supplier are not liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods.
- You acknowledge and agree that delivery of your Import Order is subject to satisfactory inspection and clearance of Direct Import Goods by customs authorities in Australia and any other relevant jurisdiction.
- You acknowledge and agree that it is your responsibility to obtain any permits for, or make any modifications to, the Direct Import Goods so as to enable them to be lawfully imported into or used within your jurisdiction which includes, where applicable, compliance with Australian standards or laws in relation to the importation of such goods.
- If your Import Order arrives in Australia and the customs value is greater than the ‘low value import threshold’ (currently AUD$1,000, subject to change at any time), you may be required to lodge a Customs Import Declaration and pay the relevant Taxes. For further information, please consult the Australian Customs and Border Protection Service website at www.customs.gov.au.
- For Australian Customs purposes, when you purchase multiple Import Orders from the Supplier, any number of Import Orders delivered on behalf of the Supplier to you may be considered as the one consignment in which case the total value of the number of Import Orders will be taken into account in assessing whether any customs duties and/or GST is payable on the Import Orders.
- You acknowledge that Direct Import Goods are goods from overseas for overseas markets. Any warranty information provided with Direct Import Goods either printed on the product’s packaging, or provided inside the product’s packaging, may not be applicable in Australia. If any warranties are provided by the Supplier, they will be expressly stated on the product page, and the terms of such warranty will also be provided on the Website.
- You acknowledge and agree that the Supplier offers all statutory guarantees (and warranties if any) in relation to Direct Import Goods and any after sales support provided by us is done so on behalf of the Supplier and is provided otherwise in accordance with this Agreement.
Invoicing, Supply and Delivery of Products
- Subject to this Agreement, the Supplier, will deliver the products shown on your order confirmation.
- Direct Import Goods are shipped directly to you from overseas. The Supplier will use its best endeavours to meet stated timeframes for delivery, however many factors (some of which are beyond our and the Supplier’s control) can affect these timeframes and the Supplier cannot guarantee that they will always be met.
- By purchasing Direct Import Goods, you provide us with the express permission to provide your order details, including your name, address, email and telephone number, to the Supplier, for the sole purpose of the Supplier shipping your order to you.
- You will receive an order confirmation from Brands4U.com.au when you purchase Direct Import Goods, and an invoice from the Supplier. Please retain this invoice and order confirmation as proof of purchase.
Packaging and Labelling
- We endeavor to depict Direct Import Goods available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
- Specifications of Direct Import Goods may also differ from their local equivalents. Full product details are provided in the product listing page of the Website.
Title and Risk
- The Supplier retains ownership of products you order through the Website until the products are placed at your disposal at the named place of destination.
Products Out of Stock
- We, and the Supplier, reserve the right to notify you that products for which you placed orders have become unavailable.
- In the event that you order a product from the Website and you are later informed that the Supplier no longer stock the product you had originally ordered, the Supplier with your consent, may arrange to provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product, if available.
- If the Supplier is not able to provide you with a substitute for the product, we as Selling Agent will (at your election) provide you with a refund to the value of the product that was not supplied to you including the delivery fee.
Change of Mind Returns
- Once an order is placed for Direct Import Goods, it cannot be cancelled. Because Direct Import Goods are dispatched from overseas and the shipping process is highly automated, we as Selling Agent cannot, under any circumstances, accept a change of mind return for Direct Import Goods. You must review your order very carefully before checkout to confirm all your details and your desired product in your cart is correct.
- If your product is defective, you should always contact Brands4U.com.au through our Help Centre or contact us page. Your protections in relation to defects or other problems with Direct Import Goods are contained in the Australian Consumer Law. Unless otherwise stated, no express warranties are offered relating to Direct Import Goods by Brands4U.com.au or the Supplier.
- The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, any express warranty, which is given voluntarily by the Supplier. The time limit of consumer guarantees varies depending on the price and quality of the goods and may extend beyond any warranty given by the Supplier or the manufacturer of the goods.
- The Supplier’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement for or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Because Direct Import Goods are shipped directly from overseas, if your product is defective, it may not be possible to replace or repair your product within a reasonable time frame, or at all. Where this is the case, we as Selling Agent will inform you if your product cannot be replaced or repaired when you contact our Help Centre or contact us page, and you will be able to receive, a full refund.
- Please be aware that, because Direct Import Goods are from overseas, warranty information printed on the product packaging or inside it does not apply to Australia. To preserve the integrity of Direct Import Goods, neither we, nor the Supplier have tampered with the packaging to remove manufacturer instructions or inserts. As far as these inserts contain information on overseas warranties, these should be ignored.
Process for Returns and Refunds
- When returning a product, please contact us via the Help Centre or contact us page. Once contacted we as Selling Agent will advise you of the best way to return the product(s) and provide you with a Return Authorisation Number. .
- Refunds will be issued using the payment method used for purchase.
- We as Selling Agent aim to process refunds and replacements within 28 days of receipt by us of the original product.
- Replacement of products, refunds and repairs will not be made until the original product is received by us as Selling Agent and your is claim verified.
- Subject to clause 9, we as Selling Agent will not refund a purchase or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to misuse, failure to use in accordance with manufacturer’s instructions, using it in an abnormal way or failure to take reasonable care.