Brunton & Co. Terms of Service

References to “we”, “us” or “our” in the following terms and conditions (“the terms of service”) are references to WB Design Pty Limited, ACN 160 411 478 (“Brunton & Co.”).

Access to and use of this website and the products and services available through this website (“the services”) are subject to the terms of service. By using the services, you agree to be bound by the terms of service. The terms of service may be updated by us from time to time without notice. Continued use of this website will be deemed to be acceptance of any change in the terms of service.

Access to this website is granted on a temporary basis. We reserve the right to withdraw or amend the services at any time without notice. From time to time, we may restrict access to some or all of this website.

We provide you with access to this website only for your personal use.

Privacy

Our privacy policy, which sets out how we will use your information, can be found here

Restrictions

You must not:

  • commit or encourage the commission of a criminal offence;
  • transmit or distribute a virus, trojan, or post any other material which is malicious, technologically harmful, in breach of confidence or obscene;
  • hack into any aspect of the services;
  • corrupt our data;
  • allow our data to become corrupted through inaction in circumstances where it would be reasonable for you to prevent the corruption of our data;
  • cause annoyance or offence to other users of this website;
  • infringe upon the rights of any other person;
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this website; or
  • misuse our systems, bypass our security or otherwise disrupt the operation of our website.

Copyright, software and content

The intellectual property rights in all software and content including pictures, layout, and text displayed on this website is and remains the property of Brunton & Co. or our licensors.

You must not modify, copy, alter or otherwise interfere with any of the content on this website. You must not distribute, display, transmit, reproduce, publish or licence, transfer or sell any of the content on this website.

You must not use any of the content on this website for any advertising, revenue generating activities or for any further commercial purpose on your or any other website.

You must not create any link to this website without our written consent.

You must not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Brunton & Co. or its licensors.

Sale terms

By placing an order you are offering to purchase a product subject to the terms of service. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and other factors. Any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Brunton & Co. you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

Pricing and availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.

Prices are inclusive of GST. Delivery costs will be charged in addition.

The services may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice.

We may refuse to fill any orders placed based on information on the services that contains errors or inaccuracies including, without limitation, errors or inaccuracies regarding pricing, shipping and delivery, payment terms, or return policies.

Payment

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.

Your account will be debited once the order has been accepted.

Refunds and returns

If for any reason you are not satisfied with your purchase, you may exchange it or receive a full refund of the purchase price and any applicable delivery cost. You must return any items to us, with a valid receipt or invoice, within 30 days.

Brunton & Co. has the right to refuse or reduce the refund or exchange in relation to used or damaged goods where Brunton & Co. reasonably suspects that the damage or use was caused by you.

Promotions

All promotions and discounts are subject to the approval of Brunton & Co. We reserve the right not to accept inactive or expired discounts, promotions or gift vouchers.

Gift vouchers

Gift vouchers will be valid for a limited time and cannot be redeemed once expired.

Warranty and liability

The Australian Consumer Law provides that items which we supply come with warranties that cannot be excluded.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

Nothing in the terms of service limits:

  • our liability for fraud;
  • our liability for death or personal injury caused by a breach of our duty to exercise reasonable care and skill;
  • any breach of our obligations implied by law; or
  • any other liability which cannot be excluded or limited.

Subject to the above we do not accept liability for the accuracy, completeness, fitness for purpose or lawfulness of any information on this website.

You should make your own enquiries before forming an opinion or making a purchasing decision.

Subject to the above, we do not accept any liability for breach of duty other than any such liability arising pursuant to the provisions of the terms of service.

Subject to the above, we do not accept liability for loss of: revenue, actual or anticipated profits, contracts, the use of money, anticipated savings, business, operation time, opportunity, goodwill, reputation, and data (including damage to data). This liability is excluded even if it is foreseeable, known or foreseen. This liability is excluded whether losses are direct, indirect, consequential or otherwise.

We do not accept liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

We do not warrant that the information contained in our website is accurate, complete, current or that the website will be free from error or interruption or free from any defects.

We do not accept liability if for any reason this website is unavailable at any time or for any period.

Access

Your access to this website may be terminated by us at any time without notice at our sole discretion.

The terms of service survive any such termination.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons, third party trade marks and images of third party products, services and/or locations featured on this website are not associated, linked or affiliated with Brunton & Co.

Any trade marks featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Brunton & Co.

Indemnity

You agree to indemnify, defend and hold harmless Brunton & Co., our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the terms of service.

Variation

Brunton & Co. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.

Invalidity

If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected all other clauses remaining in full force and effect.

So far as possible where any clause, sub-clause or part of a clause or sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

Waiver

If you breach the terms of service and we take no action we do not waive our rights against you including our right to seek a remedy from you.

Governing law and jurisdiction

The terms of service are to be construed in accordance with the laws of New South Wales. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Entire agreement

The terms of service constitute the entire agreement of the parties and supersede any and all other agreements between you and Brunton & Co. Any waiver of any provision of the terms of service will be effective only if in writing and signed by a director of Brunton & Co.