- 1 Interpretation
In these conditions unless the context otherwise requires:
- (a) "Account" means the account that you may register for on the Website.
- (b) "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- (c) "Intellectual Property" means any copyright, patent, trade mark, design, or other related statutory or common law right, anywhere in the world, whether registered or capable of registration or not.
- (d) "Terms and Conditions" or T&C's means these terms and conditions as amended by Bodum from time to time.
- (e) "Bodum", "we", "us", or "our" means Bodum (Australia) Pty Limited (ACN 104 809 672).
- (f) "Website" means Bodum's website found at https://www.bodum.com for Australian and New Zealand consumers.
Bodum values your interest in our products and appreciates your visit to our Website.
These Terms and Conditions set out how Bodum allows you to use our Website and how Bodum displays information about its products.
By browsing, accessing, or using the Website, you accept and agree to be legally bound by these T&C's.
- 3 Contact
- 3.1 You can contact Bodum by:
- Telephone: +61 2 9692 0582
- Email: [email protected]
Bodum Australia’s Customer Service team are available from 9am – 5pm Monday to Friday AEST.
If you register an Account, Bodum may send our communications to you and you may access designated parts of our Website. Bodum needs to contact you, we will do so by the email address and/or postal address or telephone number that you provided when you registered an Account.
- 4 Using Bodum's Website
- 4.1 Accessing and using Bodum's Website
You must only access and use the Website in accordance with these T&C's and any applicable law.
- 4.2 Prohibited activities
You must not, and must not attempt to:
- (a) interfere with or disrupt the operation of Bodum's Website or the servers or networks that host the Website;
- (b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website; or
- (c) interfere with security-related or other features of the Website.
Bodum may refer fraudulent or abusive or illegal activity to the relevant authorities.
- 4.3 Account creation
To access some features of the Website, you must register and create an Account. To register an account, you must:
- (a) provide Bodum with accurate and current personal information including your name, address, telephone number and email address; and
- (b) be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
- 4.4 You are responsible for your Account activity
- (a) You are solely responsible for the activity that occurs on your Account. You must keep your account login credentials secure, and must not allow another person to log into your account without both your and Bodum's express permission.
- (b) Bodum is not responsible for any unauthorised activity that occurs on your Account if you fail to keep your Account login information secure.
The Website may be unavailable or operate with reduced functionality from time to time due to maintenance. Bodum provides no warranty that the Website will be operational at any time, and no warranties in relation to the content of any other website linked to or from the Website.
- 5 Information on Bodum's Website
- 5.1 Intellectual property
All copyright, trade mark, or other Intellectual Property rights subsisting in or in respect of the Website or any materials displayed or used on the Website, including any photographs, images, text, audio or visual material, or source code, are owned by or licensed to PI Design AG and/or Bodum, and may not be copied, reproduced, communicated, adapted, distributed, sold, modified, published, or otherwise used without Bodum's express prior written consent.
- 5.2 Price adjustments
Bodum may adjust the prices of Bodum's products from time to time and without notice in response to changing commercial or regulatory conditions.
- 6 Privacy
- 7 Exclusion of warranties and limitation of liability
- 7.1 This clause prevails
This clause prevails over all other clauses in these T&C's. To the extent permitted by law, this clause states Bodum's entire liability, and your sole and exclusive remedies, for:
- (a) the performance, non-performance, purported performance, or delay in performance of any obligation Bodum have under these T&C's, or in respect of any representation made on Bodum's Website; or
- (b) otherwise in relation to these T&C's.
You may be entitled to certain statutory rights and guarantees to consumers that cannot be excluded, including those provided for under the Australian Consumer Law or New Zealand Fair Trading Act. Nothing in these T&C's is intended to exclude or restrict any of your statutory rights as a consumer or Bodum's liability for:
- (a) any breach of the obligations implied by law; or
- (b) any other liability which cannot be excluded or limited by applicable law.
In performing any of its obligations under these T&C's, or under any contract it has with you, Bodum's only duty is to exercise reasonable care and skill.
- 7.4 Exclusion and limitation of liability
- (a) Subject to clause 7.3 ("Bodum's obligations") and to the extent permitted by law, Bodum excludes all liability of any kind for and in respect of:
- (i) the accuracy, completeness, fitness for purpose, or legality of any information accessed through or displayed on the Website;
- (ii) the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- (iii) any breach of any statutory or common law duty other than any such liability arising pursuant to these T&C's;
- 8.1 Entire agreement
These T&Cs, Warranties and Legal Notices sections of the Website, constitute the entire agreement between you and Bodum and supersede all previous agreements, understandings and negotiations in relation to your use of the Website.
- 8.2 Jurisdiction
In accordance with paragraph 7 of the Legal Notices applicable to the Website, the laws of Switzerland apply to transactions made on this website. However in the event that the laws of Switzerland cannot apply, then these T&C’s are governed by and construed pursuant to the laws for the time being in force in NSW, Australia.