This website is operated by BCA Australia. Throughout the site, the terms “we”, “our” and “us” refer to BCA Australia. BCA Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The http://www.bcaaust.com.au/ website is 100% owned and operated by
BCA Australia – a division of Back’s Marine Pty Ltd.
a. This purchase order is subject to acceptance by the Company. Acceptance will be communicated via our online store or, if dealing outside of the store with one of BCA Australia sales representatives, acceptance will be communicated within 2 days of receipt of an executed copy of the purchase order.
b. Upon Acceptance, this purchase order will become a binding agreement between the Customer and Company.
c. After Acceptance, if the Customer wishes to cancel or vary the order, the Customer shall be liable for any costs of manufacture incurred by the Company up to that point in time.
2. PRICE & PAYMENT
a.The price is the price indicated on our online store via
http://www.bcaaust.com.au/ or via a quotation provided by one of BCA Australia Sales Representatives.
b. The Company reserves the right to change the Price in the event of a variation to the quotation.
c. The Customer shall not be entitled to make any deduction in respect of the Price relating to any set-off or counter claim by the Customer against the Company.
3. DELIVERY AND RISK
a. Delivery of goods shall be affected by the Company to the Customer:
a. subject to availability; and
b. without any liability on behalf of the Company for any delays.
c. Once the goods have been delivered by the Company to the site of the Customer, all risk in and to the goods shall pass to the Customer.
d. The cost of freight may vary in regional locations. By placing an order you accept that BCA Australia may contact you to discuss freight should your delivery address be in a regional location. We suggest you contact BCA Australia via email or phone to get an accurate freight cost prior to placing your order.
4. CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. All claims for any damage and/or defect in the goods purchased by the Customer must be made to the Company in writing within 3 days of delivery of the goods otherwise the goods are deemed to be accepted and in good order and condition.
b. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality, or due to a technical issue.
c. BCA Australia aims to ensure all of our clients are satisfied with our products. Please contact us and we will do our best, within reason to rectify any issues.
5. RETENTION OF TITLE
a. Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as Bailee for and on behalf of the Company.
b. In the event BCA Australia grants credit to a customer where a larger order is placed; If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer’s premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company’s determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time.
c. Until the goods are paid for in full, the Customer shall;
i. keep the goods on behalf of the Company fully insured against loss; damage and destruction;
ii. keep the goods clearly identifiable; and
iii. not grant any charge or mortgage over the goods or otherwise encumber the goods.
d. If the Customer sells the goods for which it has not made payment, it does so as the Company’s agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company’s goods which have not been paid for by it do not constitute the Customer’s property. Such financier or third party will be deemed to be subject to the Company’s retention of title until the Company’s goods are paid for in full.
a. Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company.
a. The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to.
b. Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of Queensland and the courts having such jurisdiction in Queensland. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.
a. Images used in this website are for general reference only.
b. These Terms of Sale offered by BCA Australia are the only Terms of Sale offered and are not overridden or superseded by any other Terms which the buyer may add or append to their Purchase Order. Any additional terms attached to a Purchase order are not agreed and will not be read by BCA Australia staff, as there has been no allowance in any quote given for any additional costs in time or fees or any other costs in assessment or delivery of goods or retention or late payments or any other additional unquoted costs or any Terms which the buyer may attach to their Purchase order.
9. THIRD-PARTY LINKS
a. Certain content, products and services available via BCA Australia may include materials from third-parties.
b. Third-party links on this site may direct you to third-party website that are not affiliated with BCA Australia. We are not responsible for examing or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website.
c. Please review the third-party’s policies and practices carefully, and make sure you understand them before you engage in any transaction.
d. Any complaint, claim, questions, concerns, or feedback regarding third-party products should be directed to the third-party.
10. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. By making any suggestions, proposals, plans, idea’s, or other materials made to BCA Australia, whether online, in writing by email or our contact page, by postal mail or via one of our Social Media platforms, you agree that we may, at any time, without resitriction, edit, copy, publish and distribute and otherwise use in any medium.
b. We are under no condition to maintain comments in confidence, to pay compensation for any comments or to reply to any comments.
c. We may edit or remove content that we determine rude, unlawful, offensive, obscene or for any other unstated reason.
11. CONTACT INFORMATION
a. Questions about our Terms of Services should be sent to us at [email protected]
12. RETURNS & REFUNDS
a. BCA Australia does not accept returns for ‘change-of-mind’ purchases.
b. Please refer to ‘CLAIMS, DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY’, above for all warranty information.
a. In purchasing any product from BCA Australia , you agree to accent delivery of the product If you are not able to accept delivery you must advise BCA Australia before a delivery is attempted.
b. Any and all failed delivery attempts made by a courier will be held by the courier. You will be notified upon a failed delivery attempt and will need to contact the courier via supplied information to re-arrange delivery or pickup from the couriers depot.
c. We will make reasonable attempts to contact you before delivery to ensure you are able to accept the product.
Our store is hosted & made available by WordPress. They provide us with the online e-commerce platform via WooCommerce that allows us to sell our products and services to you. Your feedback regarding our store, contect, layout and product ranges is always appreciated. Please contact us at [email protected] if you wish to discuss further.
1. WHAT DO WE DO WITH YOUR INFORMATION?
a. When you purchase products from our store, as part of the buying and selling process, we collect all required personal information from you such as your name, address, and contact details.
b. When you browse our store, we automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps about your browser and operating system to ensure any problems with the website are immediately dealt with by our IT department.
c. Email marketing (if applicable), with your permission, we may send you emails about our new store, specials, promotions, new products and other relevant updates.
2. HOW DO YOU GET MY CONSENT?
a. When you provide us with personal information to complete a transaction, verify your credit card, place an order or arrange for a delivery, we imply that you consent to our collecting of it and using it for that specific reason only.
b. If we ask for a secondary reason, such as marketing, we will ask you directly for your expressed consent and will provide you with an opportunity to say no.
3. HOW DO I WITHDRAW MY CONSENT
a. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you at anytime. Please contact us at [email protected] or mail us at:
Gold Coast, QLD
a. We will not disclose any of your information securely stored behind firewalls, however;
b. If required by law to disclose your information, of if you violate our Terms and Conditions we may disclose information.
a. Our online payment gateway is hosted by PayPal. All your credit card and personal information provided to PayPal is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
6. THIRD-PARTY SERVICES
a. Any information, collected by third-party providers will not involve
BCA Australia . We suggest referring to their Terms & Conditions, and Privacy Statements.
b. This includes links to any third-party websites via our website.
QUESTIONS AND CONTACT INFORMATION
If you would like to contact us, access information provided to use, amend or delete any personal information we have about you, or simply want more information please contact us at [email protected]
or by mail at:
Gold Coast, QLD