This terms of Sales agreement is a contract between you as the customer and Vogue Spas & Bathrooms ABN 94 836 736 236. These terms apply to the ordering, purchasing and delivery of goods from Vogue Spas & Bathrooms and form a binding contract between you and Vogue Spas & Bathrooms.
The following terms contain important information and should be read carefully prior to ordering, purchasing, and delivery of goods. Limitations of liability are also included within these terms. Other important terms may also apply to your order including quotations, payment terms, claims and refunds.
1. Definitions: In these terms and conditions.
1.1 “Supplier” means Brumott Pty Ltd ATF Justin Bruce Family Trust T/A Vogue Spas & Bathrooms, ABN 94 836 736 236.
1.2 “Customer” means the entity purchasing goods and/or services.
1.3 “Client” means the entity whom selected goods and/or services.
1.4 “Manufacturer” means the entity to which the Supplier accepts the goods and/or services from.
1.5 “Purchase Order” means written or verbal consent of goods and/or services that the Customer agrees to purchase from the Supplier.
1.6 “GST” means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations.
1.7 “Standard Item” means goods and/or services which are readily available.
1.8 “Special Order” means orders that are not readily available including Coloured Tapware & Accessories, Spas, Shower drains, Stone products, Overseas orders, Customised items or the like.
2.1 Unless otherwise agreed in writing by the Supplier, any terms and conditions of the Customer’s order inconsistent with these terms and conditions are expressly rejected by the Supplier.
2.2 The Supplier may vary these terms and conditions by notice in writing to the Customer. The Customer agrees that the purchase of any goods after the date of variation will be deemed to be an acceptance of such varied terms and conditions.
2.3 Should there be any variation to any of the information supplied by the Customer to the Supplier or in the structure or nature of the Customer’s business, the Customer shall for with notify the Supplier in writing.
2.4 The Customer/Client agree that any goods and/or services put forward by the Supplier and subsequently ordered are checked for suitability of use by the Customer/Client.
2.5 Any advice, recommendations, information or assistance provided to the Customer/Client by the Supplier is provided without any liability to the Supplier whatsoever.
3.1 Any quotation or price submission by the Supplier shall not constitute an offer to sell goods and/or services to the customer. Supply of goods and/or service shall exist between Supplier and Customer when the Customers Purchase Order has been accepted by the Supplier.
3.2 Quotations issued against bills of quantities as requested by the Customer are limited to the quantities and descriptions requested. The Supplier accepts no responsibility for the accuracy of or omissions of products or quantities from such bills. Quotations are reflective of requested quantities and the Supplier may increase or decrease a unit price in the event the quantities decrease or increase accordingly.
3.3 Quotations issued to a Client may attract a service charge for time incurred by the Supplier to assist in selection of goods and/or services. This service charge will be included in the quotation.
3.4 Quotations issued to a Client will not necessarily list technical information about goods and/or services. Technical information will be released once a Purchase Order and/or deposit has been received by the Supplier.
3.5 Unless GST is expressly included, unit pricing of goods and/or services does not include GST.
4.1 No orders shall be binding until a Purchase Order and/or deposit from the Customer is accepted by the Supplier.
4.2 Orders shall be invoiced at the quoted price, unless a variation has been agreed to by the Customer. A variation of price may occur when supply of goods and/or services is subject to a price increase.
4.3 In the event of a price variation, the Supplier will notify the Customer of the price variation and the Customer may either;
4.3.1 Agree to take delivery of the goods and/or services which are the subject of a price variation at the original quoted price within 30 days of notification.
4.3.2 Agree to the price variation.
4.4 On receipt of a Purchase Order and/or deposit, the Customer enters into an agreement with the Supplier. The Supplier will take all measures to ensure all goods and/or services will be available to the Customer when required.
4.5 An order required to be varied by the Customer may attract cancellation fees to indemnify the Supplier against any losses.
4.6 Orders cancelled within 24 hours of initial order will attract cancellation fees of 10% pending manufacturers delivery status.
4.7 Orders cancelled after 24 hours of initial order will result in forfeiture of deposit or otherwise restocking fees per clause 7.
4.8 Returns will incur re-stocking fees according to our returns policy in clause 7.
5. Delivery and Acceptance.
5.1 Unless otherwise specified, delivery is at the Supplier’s store.
5.2 Upon delivery, the Customer shall reasonably check all goods and/or services and acceptance of all goods and/or service is deemed to be complete and in good order for all items listed on the delivery docket or invoice.
5.3 The Customer agrees that unless the goods and/or services are paid in full, they remain the property of the Supplier and the Customer should retain the goods and/or services and its packaging in original order should the product be subject to a claim as per clause 6 or a return as per clause 7.
5.4 When a place of delivery is not at the Supplier’s store, transportation costs may apply.
5.5 Where a delivery date is specified, the delivery date is an estimate only and the Supplier will not be liable for any delay in delivery.
5.6 Once goods and/or services are required, the Supplier reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by the Supplier for such information.
5.7 The Supplier may not necessarily obtain a signed receipt or other acknowledgement from any person at delivery, however if a signed receipt or other acknowledgment is obtained from someone believed by the Supplier to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive of the
Customer’s acceptance of the goods delivered.
6.1 The Customer has seven days from receipt of delivery to notify the Supplier of accepted goods and/or services which are not in accordance with the Customer’s Order.
6.2 Claims for goods and/or services not deemed faulty and have met their statutory requirements will not be accepted after seven days.
6.3 Goods and/or services which are subject to a claim must be in original order, complete with all parts and in its original packaging with no visible markings. In the event that the requirements under this clause is not fulfilled, the claim will be rejected.
7.1 Any goods and/or services purchased three months prior or more will not be accepted for return for any reason.
7.2 The Customer must not return any goods and/or services unless agreed to by the Supplier.
7.3 Returns, if authorised will incur a re-stocking fee of 25%. Additional costs may apply for freight costs.
7.4 Returns, if authorised will be subject to a credit for the Customers next purchase.
7.5 Goods which are subject to a return must be in original order, complete with all parts and in its original packaging and no visible markings. In the event that the requirements under this clause is not fulfilled, the return will be rejected.
8. Special Orders.
8.1 Special Orders strictly cannot be returned or cancelled for any reason. Deposits are non-refundable.
8.2 If the item is faulty or does not meet its statutory requirements, it will be referred to the Manufacturer.
8.3 The Supplier may request that the Customer sign a form for the Special Order.
8.4 Special Orders require the Customer (with or without credit account) pay minimum 50% deposit or in some cases full payment at the Suppliers discretion.
9. Payment Terms.
9.1 If the Customer has a credit account, payment for goods must be tendered no later than the expiration of the calendar month following the month of sale.
9.2 If the Customer does not have a credit account, a deposit of 50% for standard items or payment in full for Special orders is required at time of order with balance due prior to delivery. Deposits are generally non-refundable. Please read clause 4.6 & 4.7 for our cancellation policy.
9.3 The Supplier reserves the right to pass on merchant fees to the Customer in the event the Customer wishes to pay with a credit card. All merchant fees once charged are non-refundable.
10. Title of Goods
10.1 The goods and/or services shall be at the sole risk of the Customer as soon as delivery and acceptance of goods and/or service is taken.
10.2 Property and title of goods and/or services will not pass to the customer until those goods and/or services and all other amounts owed to the Supplier by the Customer have been paid in full and until then;
10.2.1 The Customer will hold the goods and/or services as fiduciary and bailee for the Supplier.
10.2.2 The goods and/or services must be stored separately and in a manner enabling them to be identified as goods and/or services of the Supplier and cross-referenced to particular invoices.
10.2.3 The Customer may sell the goods and/or services in the ordinary course of its business as bailee for the Supplier and will hold the proceeds of sale in a separate account on trust for the Supplier and account to the Supplier for those proceeds.
10.2.4 The Supplier may require the Customer to return the goods to it on demand and may enter upon the premises of the Customer to inspect or repossess the goods and/or services.
10.2.5 The Customer shall insure the goods and/or services against theft or any damage until such goods and/or services have been paid for or until they are sold by the Customer.
10.2.6 The Supplier has the authority to inspect and reclaim any goods and/or services the Customer has taken possession of and irrevocably authorises the Supplier at any time to enter any premises upon which the goods and/or services are stored to enable the Supplier to either inspect the goods and/or services or reclaim the goods and/or services.
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