This website is owned and operated by BigWarehouse Spares (ABN 31 119 434 847) (“we, us, our”).
These Terms and Conditions govern your access to and use of our website (Website). Please read these Terms and Conditions carefully, and contact us using the form on the contact page if you have any questions.
Your use of our Website indicates that you have read and accepted these Terms and Conditions and you warrant that you have the legal capacity to accept these Terms and Conditions.
1.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use our Website for your personal use in accordance with these Terms and Conditions.
2.1 You may place an order (Order) for spare parts (Parts) by selecting and submitting your Order through the Website.
2.2 Any Order placed through the Site is an offer by you to purchase the particular Parts for the price notified on the Website at the time you place the Order.
2.3 We reserve the right to accept or reject your Order for any reason, including if the Part is not available, if there is an error in the price or the Part description posted on the Website, or there is an error in your Order.
2.4 If we reject an Order, we will notify you of that rejection within a reasonable period of time after you submit your Order.
2.5 If you place an Order for a Part which is not listed as ‘In Stock’ on the Website and the relevant manufacturer advises us of a pricing change of that Part after you place your Order with us, we will notify you as soon as possible of that pricing change. You will have the ability to accept the pricing change at this time, or cancel your Order and receive a full refund.
2.6 In the event that we reject your Order, we will refund your money within a reasonable period of time after the rejection.
2.7 Any parts that are not listed as ‘In-Stock’ are required to be ordered in specifically from the manufacturer. In such situations, we will use our best endeavours to arrange for Parts to be dispatched as soon as reasonably practicable but are unable to guarantee any particular times for delivery of the Part to you.
3. Postage and Pickup
3.1 BigWarehouse provides free postage in certain circumstances. See Shipping & Returns Policy for more details.
3.2 You will be responsible for any postage costs for any Parts where free postage does not apply. You will be notified of the cost of postage at checkout.
3.3 In the event that your Part cannot be left at the delivery address you specify in your Order and no one is home to accept delivery, you will be charged a redelivery fee equivalent to the fee imposed by Australia Post for standard delivery.
3.4 If you choose to pick up your Order, you must pick it up within 10 days of receiving notification that it is ready for pick up. In the event that you do not pick up your Order within 10 days, you will be charged a cancellation fee which reflects the reasonable costs to BigWarehouse of cancelling your Order (e.g. restocking, return postage, administrative fees), being an amount up to 30% of the invoice.
4. Risk and Title
4.1 Title for the Parts you order will pass to you upon payment for the relevant Part. You acknowledge and agree that the retention of title in this clause creates a ‘security interest’ for the purposes of the Personal Property Securities Act 2009 (Cth) (PPS Law) in the Parts in favour of BigWarehouse.
4.2 Risk will pass to you at the time your Part is delivered to the delivery address specified in your Order or, in the case of Orders specified for pick up, when it is picked up by you.
5.1 You must pay to us:
(a) the price for the Part as set out under clause 5.3;
(b) any postage and other fees which apply under clause 3;
(c) the Purchase Protection fee (if selected at checkout); and
(d) any interest owing under clause 5.5 (if applicable).
5.2 Prices for Parts are shown on the Website and may change from time to time without notice to you, subject to clause 5.3.
5.3 The price for Parts which are the subject of an Order will be as follows:
(a) For Parts listed as ‘In Stock’ at the time your Order is placed, the price will be the price displayed on the Website for that Part at the time of your Order; and
(b) For Parts not listed as ‘In Stock’, we cannot guarantee the price that will apply to your Order but we will notify you of any change in price for that Part and you will have the right to continue with your Order or cancel the Order and receive a full refund in accordance with clause 2.5.
5.4 You must pay the price for the Parts and any other money owing to us in accordance with these Terms and Conditions, as set out in an invoice from BigWarehouse, within 30 days of the date of that invoice. Payments to BigWarehouse must be made by electronic funds transfer or bank cheque.
5.5 If you fail to pay on the due date the prices for any Parts or any money owing to us in accordance with these Terms and Conditions, you must pay us interest at the rate per annum which is 2% above the minimum rate of interest charged by the Commonwealth Bank of Australia to corporate customers on overdrafts of $100,000 or more (as published from time to time in the Australian Financial Review or, if not published, as notified by the Commonwealth Bank of Australia to us). The interest accrues daily from (and including) the due date up to (but excluding) the date of actual payment and is calculated on actual days elapsed and a year of 365 days. You agree to pay interest owing under this clause 5.5 immediately on demand unless otherwise agreed in writing.
6. Substitution of Parts
6.1 In the event a Part is no longer available, we may substitute an equivalent Part as advised by the relevant manufacturer.
6.2 Any alternate Part will be supplied at the same price as the original Part ordered unless we contact you and advise of a change of price of an alternate Part. You will have the opportunity to cancel your Order for a full refund in the event that the change in price is unacceptable to you.
7.1 You may return a Part only if it fails to comply with any of the consumer guarantees under the Australian Consumer Law or, for change of mind, if you purchased a Purchase Protection policy.
7.2 In the event that the Part does not comply with a consumer guarantee, please contact us using the contact form on the Website.
7.3 Refunds will be provided in accordance with the Australian Consumer Law.
8.1 BigWarehouse recommends that Parts are installed by qualified tradespeople. Many of the Parts sold on the Website are not suitable for installation by the general public.
8.2 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other 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.
8.3 In addition to your rights under the Australian Consumer Law, light bulbs and lamps also carry a ninety (90) day warranty.
8.4 Without excluding, restricting or modifying any rights you may have under the Australian Consumer Law:
(a) you acknowledge that the Website is provided ‘as is’ and we do not make any warranty or representation as to the suitability of the Parts for any purpose;
(b) images displayed on the Website are for illustrative purposes and informational purposes only and the exact specifications may differ from photos; and
(c) we exclude all other implied terms and warranties, whether statutory or otherwise.
9. Our intellectual property rights
9.1 Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including without limitation the trademarks, trade names, software, content, design, images, graphics, layout, appearance and look of our Website.
9.2 As between you and us, we own all the intellectual property rights in our Website and nothing in these Terms and Conditions constitutes a transfer of the ownership of any intellectual property rights to you.
9.3 Your use of our Website does not grant you a licence, or act as a right of use, of any of the intellectual property, whether registered or unregistered, displayed on our Website without the express written permission of the owner.
9.4 You acknowledge and agree that you:
(a) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the information that you upload to the Website (User Content) in any way (including without limitation reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same; and
(b) consent to any act or omission by us or authorised by us which would otherwise constitute an infringement of your moral rights, and if you add any User Content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
10. Prohibited conduct
10.1 You must not:
(a) use our Website to transmit, distribute, post or submit any information concerning any other person or entity without their permission (including without limitation personal contact information or credit card details);
(b) use our Website to send unsolicited messages to other users;
(c) perform any acts which would damage, interfere with or inhibit the use of our Website;
(d) use or attempt to use any engines, software, tools, or other mechanisms (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the commonly recognised search engine and agents and other generally available third party web browsers;
(e) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of our Website;
(f) engage in any screen scraping or data acquisition and consolidation;
(g) alter or modify, or attempt to alter or modify, any of the code or material on our Website;
(h) cause any of the material on our Website to be framed or embedded in another website;
(i) create derivative works from the contents of our Website; or
(j) advocate, encourage or assist any third party in doing any of the foregoing.
10.2 We reserve the right to block you from our Website if we believe that there is a violation of these Terms and Conditions.
11.1 Any information made available on our Website, including any recommendations, statements and opinions contained on our Website whether published by us or any other user (Information), is for general information purposes only. The Information does not take into account your specific circumstances and any reliance you place on the Information is at your own risk.
11.2 Before acting on any Information, we recommend that you:
(a) consider whether it is appropriate for your personal circumstances;
(b) carry out your own research; and
(c) seek professional advice where necessary.
12. Collection of Personal Information
12.1 Ordering any Parts, or registration for an account will require collection of your personal information.
12.2 You acknowledge that you have full rights to provide the email address, personal address and any other details you enter.
13. Third party links
13.1 Our Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by us. We do not endorse, sponsor or approve any such third-party sites, information, materials, Parts or services.
13.2 If you access any third party website, service or content via our Website, you do so at your own risk. We will have no liability arising from your use of or access to any third-party website, service or content, except to the extent of any loss or damage which is the result of our own negligence or wilful acts or omissions.
14.1 Whilst we take all reasonable steps to minimise any delays and interruptions to your use of our Website, we cannot warrant that our Website will be available at all times or at any given time.
14.2 We may, at any time and without notice, discontinue our Website, and we are not responsible for any loss, cost, damage or liability which may result from such discontinuance except to the extent to which that loss, cost, damage or liability is the result of our own negligence or wilful acts or omissions.
14.3 You acknowledge and agree that we are not responsible for and will not accept liability for any User Content which you or any other user or third party posts or transmits using our Website. You understand and agree that you may be exposed to User Content that is inaccurate, inappropriate, defamatory, offensive or otherwise unsuited to your purpose.
15.1 If you breach these Terms and Conditions and the breach is a non-material breach and/or capable of being rectified, as determined by BigWarehouse acting reasonably, then we will provide you with written notice specifying the breach and requiring the cessation and (if appropriate) rectification of that breach within a reasonable period of time. If, at the expiry of that time, the breach remains ongoing and/or unrectified, then without prejudice to any other rights we may have, we will, without notice to you, deactivate your account and block you from our Website.
15.2 If you breach these Terms and Conditions and the breach is a material breach which is not capable of being rectified, as determined by BigWarehouse acting reasonably, then without prejudice to any other rights we may have, we will, without notice to you, deactivate your account and block you from our Website.
16.1 These Terms and Conditions, and any rights and licences granted to you under these Terms and Conditions, cannot be transferred or assigned by you to a third party.
17.1 If we fail to exercise or delay in exercising any right, power or remedy, we do not waive the right, power or remedy.
17.2 If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to that breach or subsequent or similar breaches.
18.1 If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable by a court of law in respect of a jurisdiction, then that provision will not apply in that jurisdiction and is deemed not to have been included in the Terms and Conditions in that jurisdiction. This will not affect the remainder of the remaining provisions.
19. Changes in Terms and Conditions
19.1 We may update these Terms and Conditions from time to time by publishing a new version on the Website. If you have an Order that has been accepted by us, the terms that will apply to your Order are the Terms and Conditions that applied at the time you placed your Order.
20. Governing law
20.1 These Terms and Conditions are governed by and construed in accordance with the law for the time being in force in New South Wales and you, by agreeing to these Terms and Conditions, are deemed to have submitted to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from those courts.
20.2 Our Website may be accessible from outside of Australia. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and you are responsible for complying with the laws in the place where you access our Website.
21. Dispatch Guarantee
21.1 The ‘Dispatch Guarantee’ only applies to ‘In Stock’ parts (being items we have in-stock) that display the dispatch guarantee red stamp logo. Orders must be placed before 1pm AEST on weekdays.
22. Purchase Protection policy
22.1 Rapid Replacement of items lost or damaged in transit
If an item ordered from us is lost or damaged in transit, you have rights in accordance with the Australian Consumer Law including the right for shipping costs to be covered.
If you are entitled to a replacement product and you have bought our Purchase Protection policy, this policy will mean we will send the replacement product to you straight away, even before we’ve received any damaged item back. To arrange a rapid replacement of your product, please contact us as soon as possible with your name and order number and our customer care team will look after you.
22.2 Returns - Change of mind (available for most items*)
If you change your mind, you may return the item to us at any time within 7 days of the date you received it in exchange for a refund of the price which you paid for the product (not including shipping costs and cost of Purchase Protection). You will be responsible for the actual shipping costs to facilitate a change of mind return, irrespective of any free, discounted or any other type of shipping promotion that may have been applicable at the time of your order. This includes the costs of shipping the item to you in the first place and the cost of shipping back to us. Items returned must be in "as-new" condition. This means you have not used, assembled, plugged in or fit any of the items. Items must be returned secured in their original packaging and returned to us at any time within 7 days of receipt of the item from us.
*Non-returnable items excluded from all change of mind returns include: Electronic Boards (PCBs).
We reserve the right to refuse a claim under our Purchase Protection policy in circumstances where we reasonably determine the claim to be invalid.
22.3 Your consumer rights
The benefits provided to you under this Purchase Protection policy do not replace your rights under the Australian Consumer Law (ACL). Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement 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. Please contact us as soon as possible with your name and order number and our customer care team will look after you.
23. Personal Property Securities Register
23.1 This clause applies to the extent that these Terms and Conditions provide for or contain a ‘security interest’ for the purposes of the PPS Law (or part of it).
23.2 The security interest arising under any retention of title is a Purchase Money Security Interest as defined in the PPS Law (PMSI) to the extent that it can be under section 14 of the PPS Law. You agree that all collateral which is at any time subject to BigWarehouse’s security interest secures its own purchase price. You agree, in addition, to the extent possible under PPS Law, that all collateral which is at any time subject to our security interest secures as a PMSI the purchase price of all collateral supplied to you. This clause does not limit what other amounts are secured under these Terms and Conditions.
23.3 You agree that payments to us from you will be applied in the following order:
(a) to obligations that are not secured, in the order in which those obligations were incurred;
(b) to obligations that are secured, but not by PMSIs, in the order in which those obligations were incurred;
(c) to obligations that are secured by PMSIs, in the order in which those obligations were incurred.
23.4 We may register our security interest and may recover from you our costs (including external service provider’s costs and registration fees) reasonably incurred in so doing. You must do anything (such as obtaining consents, providing information, authorities and documents, and signing documents) which we require for the purposes of:
(a) ensuring that our security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling us to gain first priority (or any other priority agreed to by us in writing) for our security interest; and
(c) enabling us to exercise rights in connection with the security interest.
23.5 You agree that you will not allow anything to be done or act in a way that might adversely affect the security interest in the collateral that is granted to us by virtue of this clause 23.
23.6 The rights of BigWarehouse under these Terms and Conditions are in addition to and not in substitution for our rights under other law (including the PPS Law) and we may choose whether to exercise rights under these Terms and Conditions, or under such other law as we see fit.
23.7 The following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “contracted out” of these Terms and Conditions to the extent permitted by PPS Law: sections 95, 96, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
23.8 The following provisions of the PPS Law: section 123 (seizing collateral), section 126 (apparent possession), section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and section 134(1) (retention of collateral), confer rights on BigWarehouse. You agree that in addition to those rights, we shall, if there is:
(a) default by you;
(b) the appointment of a receiver, or receiver and manager to you;
(c) the appointment of any administrator of the affairs of insolvent companies to you;
(d) the commencement of any proceedings or the making of any application for the appointment of any such person mentioned above;
(e) a mortgagee or agent for such mortgagee entering into possession of your assets or undertaking; or
(f) a breach of any of the provisions of these Terms and Conditions,
have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any collateral supplied by us to you, not only under those sections but also, as additional and independent rights, under these Terms and Conditions and you agree that we may do so in any manner we see fit including (in respect of dealing and disposal) by private or public sale, lease or licence.
23.9 You waive your rights to receive notice of a verification statement in relation to registration events in respect of commercial property under section 157 of the PPS Law, whether the relevant security interest is provided for under this or any other security agreement.
23.10 Solely for the purpose of allowing to us the benefit of section 275(6) of the PPS Law, BigWarehouse and you agree that neither of us must disclose information of the kind that can be requested under section 275(1) of the PPS Law. However, no compensation or damages is payable in respect of any breach by such disclosure.
23.11 To the extent there is inconsistency between this clause 23 and any other part of these Terms and Conditions, this clause 23 prevails.