Terms & Conditions

Website Terms and Conditions

 

  • Acceptance of Terms

 

      1. The www.bivianoandsons.com.au website (Website) is owned and operated by Domeric Nominees Pty Ltd ATF The G Biviano Family Trust t/as Biviano & Sons (ACN 006 019 370) (Biviano and Sons).
      2. By accessing, using or browsing the Website and any of its associated services and functionality, you agree to be bound by these Terms and Conditions (Terms) and agree to the terms of our Privacy Policy. 
      3. Our Privacy Policy can be found at www.bivianoandsons.com.au/privacy-policy.
      4. Please read these Terms carefully as they contain important terms governing the ordering, processing, fulfilment and delivery of products from Biviano and Sons through the Website. 
      5. If you do not agree to the Terms or our Privacy Policy, you must not use or continue to use the Website.
      6. Biviano and Sons reserves the right to amend the Terms from time to time in its sole discretion and, by using the Website at any time, you acknowledge that you have read, understood and agree to be bound by the then current Terms. 
      7. If you do not understand any of the Terms, or if you have any questions, please e-mail Biviano and Sons at info@bivianoandsons.com.au or call us on 03 9489 0087.
      8. Biviano and Sons reserves the right at all times to make changes to these Terms.  Any variations to these Terms will take effect from posting on the Website.  The Terms which apply at the time of Order are those that govern your relationship with Biviano and Sons with respect to that Order.
      9. Any reference in these Terms to ‘we’, ‘us’, or ‘our’ means Biviano and Sons. Any reference to ‘you’ or ‘your’ means you, a user of the Website.  

 

  • Use of the Website

 

      1. You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway (or the connected servers and networks) or use the Website in a manner that adversely affects its availability to others.
      2. Biviano and Sons cannot guarantee that any file or program available via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.  You assume all risk of use of all programs and files on this Website, and you release Biviano and Sons entirely of all responsibility of any consequences of its use.
      3. The Website and its contents are provided to you on ‘as is’ basis. The Website site may contain errors, faults and inaccuracies and may not be complete and current.
      4. You are exclusively responsible for ensuring that all communications sent to us or our agents by you using the Website are true, complete and accurate. If you are or ought reasonably to be aware that a communication has been corrupted, you must re-transmit or re-send that communication as soon as practicable.
      5. To the fullest extent permitted by any applicable laws, Biviano and Sons hereby excludes and takes no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.

 

  • Intellectual property

 

    1. This Website and all content forming part of the Website, including all web and advertising images, designs, packaging, artwork, information, interfaces, text, graphics, brand names, logos and trade marks on the Website are protected by copyright, trade mark and other intellectual property laws.
    2. You acknowledge and agree that Biviano and Sons owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
    3. You may not:
      1. except where permitted under the Copyright Act 1968 (Cth) or other applicable laws, and except for a single copy for your own personal use and the temporary copy held in your computer’s cache, use, store, copy, reproduce, publish, alter, adapt, distribute, print, display, transmit or commercialise any of the Website content (including any substantial part of it) in any form or by any means in whole or part without Biviano and Sons’ prior written consent;
      2. modify or copy the layout or appearance of the Website or any computer software contained in the Website; and/or
      3. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any software or components related to the Website.

 

  • Third Party Websites

 

    1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
    2. Biviano and Sons is not responsible for the content or privacy practices of Third Party Websites.
    3. Links to Third Party Websites are provided solely for your convenience and do not constitute, either expressly or impliedly:
      1. an endorsement by Biviano and Sons of the relevant third party or the products or services provided by such third party, or

      2. any affiliation between Biviano and Sons and the third party. 
      1. You access Third Party Websites and/or use products and services available on such websites at your own risk.

 

  • Cookies

 

      1. Cookies are small pieces of information that your browser stores on your computer hard drive. We use Cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer.  Our cookies do not contain any personal identifiable information.
      2. If you disable cookies on your web browser, you may not be able to fully experience all features of the Website.

 

  • Availability, withdrawal and suspension of Website

 

      1. We reserve the right to change the Website at any time.
      2. Biviano and Sons may at its discretion withdraw completely, or suspend for a period of time, the Website, or access to it for any reason, including without limitation if there is an interruption, system failure, fault, virus, maintenance or repair requirement, on any part of our computer system.
      3. Whilst we endeavour to provide continuous access to the Website, we do not warrant that your access will be safe, uninterrupted, timely, secure or error free. 
      4. Biviano and Sons reserves the right to, at its discretion, terminate your access to and use of the Website.
      5. You will be liable to pay for any Orders that you placed and we accepted, prior to termination of access to the Website.

 

  • Placing Orders

 

      1. Products being displayed on the Website does not constitute an offer to sell to you.  It is an invitation to treat only.
      2. You make an offer to purchase from Biviano and Sons product displayed on the Website (Product) by submitting the electronic order form on the Website.
      3. Orders placed by you through the Website are offers to purchase particular Products on these Terms at the purchase price specified on the Website (Price) (plus the delivery fee and any other applicable charges) at the time you submit the electronic order form (Order).  
      4. When we accept an Order, it represents an agreement by Biviano and Sons to supply you with the Products in accordance with the Order and these Terms.
      5. To the extent permitted by law, Biviano and Sons reserves the right to accept or reject, in whole or part, your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Product, an error in the price or Product description, an error in your order or the discontinuance of a promotion.
      6. If we are unable to contact you in relation to your Order under these Terms using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order and we will notify you of that rejection via phone or email.
      7. Biviano and Sons will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an Order. 
      8. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. Biviano and Sons will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver the Products and specified in your Order to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.
      9. You also agree to obtain consent to provide Biviano and Sons any personal details for nominated recipients of gifts.
      10. You may place an Order from Biviano and Sons if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.
      11. Once you submit your Order, cancellations of your Order or changes to the Products in your Order cannot be made (unless changes to the Order are made by agreement with Biviano and Sons and any cancellations are otherwise in accordance with these Terms). You must check your Order carefully prior to submitting your Order with us.
      12. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting Biviano and Sons’ customer service in relation to your Order.
      13. You agree to make your own enquiries to verify information provided and to assess the suitability of Products before you order the Products.

 

  • Price and payment

 

      1. Unless otherwise stated, all Prices, delivery fees and other charges quoted are in Australian dollars and where applicable, are inclusive of goods and services tax or ‘GST’, as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
      2. The Price payable in respect of a Product is specified on the Website.
      3. In respect of any Order, we will charge you and you agree to pay the Price (which is the Price at the time the Order is submitted), delivery fee, any surcharges applicable to the order (Charges).
      4. Biviano and Sons reserves the right to change or alter Prices of Products on the Website for any reason and without notice to you, unless you have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing.
      5. You acknowledge that the only means of payment of the Price is by Pay Pal.
      6. You acknowledge and agree that any payment in respect of an Order must be cleared by Biviano and Sons to its satisfaction before Products the subject of the relevant Order are dispatched. If your payment cannot be processed for any reason, your Order will be rejected and you will be notified of this on the Website.  In such instances we cannot and will not hold the Products against your Order and we do not guarantee that the Products will be available should you try to place an Order in respect of these Products again. 
      7. In ordering, paying or attempting to pay for the Products, you agree that you have not engaged in any fraudulent conduct or contravened any rule, statute, regulation, order or determination, and any form of policy recognised and enforced in the jurisdiction in which you operate and/or accessed the Website (Law).
      8. You will receive a tax Invoice to the email address provided by you once payment in respect of your Order has been processed and cleared.

 

  • Availability of Products

 

    1. We reserve the right to withdraw or suspend any Product from sale temporarily or permanently at any time, without notice.  Biviano and Sons will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer as a result of a withdrawal or suspension of availability with respect to a particular Product.
    2. You acknowledge and agree that:
      1. from time to time, some Products may be out of stock or unavailable;

      1. all pictures and images of Products displayed on the Website are for illustration purposes only, and do not show the actual sizes and dimensions of Products; and

      2. you will read, understand and accept any corresponding written description of the Products, prior to submitting your Order.

 

  • Shipping and delivery

 

    1. The following outlines the delivery fees for Biviano and Sons Orders:
      1. For orders under $20.00: $10.00

      2. For orders over $20.00, no delivery fee will be charged;

      1. special delivery fee: there may be an increase in the delivery fee payable by you in relation to an Order if:

        1. your Order must be split and requires multiple deliveries due to the quantity or size of the Products in your Order; or
        1. delivery of your Order otherwise incurs additional charges.
      1. We will notify you of any change to the delivery fee for your Order, and if there is an increase in the delivery fee and you do not wish to continue with your Order due to such increase, you may cancel your Order.  

    1. Delivery of Products will take place at the delivery address specified by you during the Order process (Delivery Address). You will need to submit separate Orders for Products where you require delivery to different addresses.
    2. ‘Business Days’ means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in in Melbourne, Australia.
    3. Biviano and Sons aims to deliver each Order on the next business day after the date on which the Order has been placed.
    4. By placing an Order, you agree that Biviano and Sons may leave the Products included in the Order at the Delivery Address specified in the Order without being personally receipted by you or any agent acting on your behalf.
    5. Specific delivery instructions can be specified on the electronic order form before submitting an Order.
    6. From time to time, Biviano and Sons may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:
      1. Biviano and Sons cannot guarantee that delivery will occur in the delivery time frames;

      1. delivery time frames may change from time to time due to unforeseen circumstances; and

      2. Biviano and Sons is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery by Biviano and Sons.

      1. If Products are required to be redelivered, you may be required to pay any associated fees for redelivery.
      2. Upon delivery, you must inspect your Products and check that the Products delivered match your Order. If the Products do not reflect the Order, there are Products missing or there is obvious damage to the Products due to transit, you must contact our customer service immediately.  

 

  • Returns and refunds

 

    1. Damaged Products
      1. On rare occasions, Products may become spoiled, damaged, rotten or otherwise be unfit for consumption. If Products are delivered in a state described in this clause 11,1 you will be entitled to an exchange or refund, at our election.

      1. You acknowledge that Products may have imperfections, which do not, in and of themselves, mean that the Products are entitled to be refunded or exchanged pursuant to clause 11.1(a).

      2. Please contact our customer service team on 03 9489 0087 as soon as you become aware that that any Product has been delivered in an unfit state and wish to seek an exchange or refund. We will require that you provide us with a photograph of the Product as delivered, clearing depicting the state of the Product, in order for us to determine if you are entitled to a refund or exchange.

      3. If the entitlement to a refund or exchange pursuant to clause 11.1(c) is confirmed, we will require you to return the defective Product at the same time as replacement products are delivered or a refund is provided.  

    1. Biviano and Sons will not offer an exchange or refund for Products ordered by you because you have changed your mind with respect to that Product Order.
    2. Product returns must be posted to:

Attn: Product Return

Biviano and Sons

98-100 Station Street

Fairfield 3078 Victoria

 

  • Title and risk

 

      1. We retain ownership of Products you Order until payment is received in full for those Products together with the delivery fee and other charges.
      2. Risk in the Products passes to you on the date and time of delivery of the Products to the Delivery Address.

 

  • Order cancellations

 

      1. Subject to clause 10.2(d), no cancellations or changes to Orders will be accepted, and the Products will be delivered to the stated Delivery Address in accordance with these Terms.  
      2. Where we reject or cancel your Order under these Terms, and your payment for the Products has already been processed, we will refund the Charges of the Products to you in accordance with these Terms.  Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.  Biviano and Sons is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.

 

  • Privacy

 

      1. If you provide us with any ‘Personal Information’, as that term is defined in the Privacy Act 1988 (Cth), our Privacy Policy will govern how we will use or disclose that information.  Our Privacy Policy can be found at https://www.bivianoandsons.com.au/privacy-policy

 

  • Warranties

 

    1. You represent and warrant to Biviano and Sons that:
      1. all information and data provided by you to us through the Website is true, accurate, complete and up to date;

      1. any nominated representative receiving the Products on your behalf at the Delivery Address is duly authorised by you to do so; and

      2. in placing your Order, you have:

        1. read, understood and agreed to these Terms; and
        2. complied with all applicable laws.

 

  • Exclusion and limitation of liability

 

    1. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
    2. Other than expressly stated in relation to particular Products, Biviano and Sons makes no representations or warranties of any kind, express or implied as to the operation of the Website or the information, content, material or Products included on the Website, including the accuracy or completeness of the materials or services on or through this Website.
    3. These Terms are subject to the Australian Consumer Law.
    4. Subject to any rights you have under any consumer protection laws, Biviano and Sons excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms.
    5. To the maximum extent permitted by applicable law, neither Biviano and Sons, nor its directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
      1. your use of, or inability to use, the Website and any sites linked to the Website;

      1. any materials, services or information obtained through the Website;

      2. Products supplied to you following your use of the Website;

      3. reliance on or failure to act, on any information or service contained on or accessed through the Website;

      4. a withdrawal or suspension of availability of a Product;

      5. an inability to use the Website or with any delay in using the Website;

      6. errors, mistakes, inaccuracies or omissions on the Website;

      7. personal injury or property damage of any nature resulting from your access to or use of the Website;

      8. any unauthorised access by any third party to or use of our secure servers and/or Personal Information and/or financial information stored on those servers; or

      9. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party;

      10. in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

      1. Our liability to you for loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you directly or indirectly cause or contribute to any of the loss or damage.

 

  • General

 

    1. Biviano and Sons may give notice to you by e-mail. You may give notice to Biviano and Sons by electronic mail to info@bivianoandsons.com.au.
    2. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability.  Such severance does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of the relevant provision in any other jurisdiction where it is lawful.
    3. A failure or delay by Biviano and Sons to exercise a power or right under these Terms does not constitute as a waiver of that power or right.
    4. Your use of this Website is governed by, construed and enforced in accordance with the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Last modified: 9 January 2019