Terms and Conditions

These Terms and Conditions (hereinafter referred to as "Terms") constitute an agreement between you (hereinafter referred to as "User" or "You") and Bang and Grind Spence st (hereinafter referred to as "Bang and Grind Spence st" or "We"). By using our website and purchasing our products or services, you agree to be bound by these Terms.

1. Acceptance of Terms

By using our website and accepting these Terms where applicable, you acknowledge and agree to comply with the terms and conditions set forth herein.

2. Registration to Use the Purchase Services

To access our Purchase Services, you must first register as a user on our website. During the registration process or while using our Purchase Services, you may be required to provide accurate and up-to-date personal information, including:

  • Email address

  • Preferred username

  • Mailing address

  • Telephone number

  • Password

You warrant that all information provided to Bang and Grind Spence st during the registration process is accurate, correct, and up to date. Once registered, you become a member of our website ("Member") and agree to abide by these Terms. As a Member, you will have immediate access to our Purchase Services.

3. Eligibility

You may not use our Purchase Services or accept these Terms if:

  • You are not of legal age to form a binding contract with Bang and Grind Spence st.

  • You are prohibited from receiving our Purchase Services under the laws of Australia or any other relevant jurisdiction.

4. Member Responsibilities As a Member, you agree to:

  • Use the Purchase Services only for lawful purposes in compliance with these Terms and applicable laws.

  • Take sole responsibility for safeguarding the confidentiality of your password and email address. Unauthorized use of your password by any other person may result in the immediate cancellation of your Purchase Services.

  • Not allow any other person or third party to use your registration information, and promptly notify Bang and Grind Spence st of any unauthorized use of your password, email address, or any security breach you become aware of.

  • Acknowledge that access and use of the website are limited and non-transferable, solely for your benefit, and for the purposes of Bang and Grind Spence st providing the Purchase Services.

  • Refrain from engaging in any illegal or unauthorized use of the Purchase Services or the website, including the collection of email addresses from Members for unsolicited email or unauthorized framing or linking to the website.

  • Recognize that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the website without notice and may result in the termination of the Purchase Services. Bang and Grind Spence st may take appropriate legal action against any illegal or unauthorized use of the website.

  • Agree that any automated use of the website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

When using the Purchase Services to buy products through our website, you agree to pay the listed purchase price (Purchase Price) for the product. Payment of the Purchase Price may be made through Woocommerce, PayPal, or other Payment Gateway Providers.

Upon confirmation of payment by Bang and Grind Spence st, you will receive a receipt as proof of payment. Bang and Grind Spence st may record your purchase details for future reference. We may, at our discretion, provide a refund within 30 days for unopened and saleable products. You acknowledge and agree to bear any postage and shipping costs associated with refunds.

6. Delivery

Bang and Grind Spence st offers Delivery Services through third-party delivery companies (Delivery Service Providers). We provide a variety of delivery and insurance options as part of the Delivery Services.

You acknowledge and agree that Bang and Grind Spence st does not provide these delivery and insurance options directly, but rather facilitates your interaction with the Delivery Service Providers in providing the Delivery Services.

In the event of loss or damage to items during the Delivery Services, you agree to:

  • Contact the Delivery Service Provider directly for refunds or claims under available insurance options.

  • Contact us at bangandgrindspense@gmail.com to report any damage to products during transit, allowing us to evaluate the performance of the Delivery Service Provider.

7. Warranty

Bang and Grind Spence st products come with guarantees under the Australian Consumer Law that cannot be excluded. You are entitled to a replacement, refund for major product failures, compensation for foreseeable loss or damage, and repair or replacement of products that do not meet acceptable quality standards (Warranty).

You may make a Warranty Claim for material defects and workmanship in our products within 1 month from the date of purchase (Warranty Period). To make a Warranty Claim during the Warranty Period, you must provide proof of purchase, a description of the products, and the price paid for the products by emailing bangandgrindspense@gmail.com.

If a Warranty Claim is accepted, Bang and Grind Spence st will, at its discretion, repair or replace any defective products during the Warranty Period at no cost to you for parts or labor. You acknowledge and agree to bear any postage or shipping costs associated with facilitating the Warranty Claim.

8. Copyright and Intellectual Property

Our website, Purchase Services, and related products are subject to copyright protection under Australian laws and international treaties. All rights in the website content, including text, graphics, logos, button icons, video images, audio clips, and software (Content), are owned or controlled by Bang and Grind Spence st, and are reserved by us or our contributors.

We retain all rights, title, and interest in the website and its content. You may not broadcast, republish, upload to third parties, transmit, post, distribute, adapt, or change the Content or third-party content on the website without our prior written permission.

9. Privacy

We take your privacy seriously, and any information provided through your use of the website and/or the Purchase Services is subject to our Privacy Policy, which is available on the website.

10. General Disclaimer

Bang and Grind Spence st makes no guarantees, warranties, representations, or conditions regarding products other than those provided in these Terms. We strive to accurately depict our products on the website, but you acknowledge that sizes, colors, and packaging may differ from what is displayed.

These Terms do not limit or exclude any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, which may not be limited or excluded by law. Subject to applicable law, we will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising from your use of the Purchase Services or these Terms.

11. Limitation of Liability

Bang and Grind Spence st's total liability arising from the Purchase Services or these Terms will not exceed the most recent Purchase Price paid by you under these Terms or, if you have not paid the Purchase Price, the total liability will be limited to the resupply of information or Purchase Services.

You expressly understand and agree that Bang and Grind Spence st, its affiliates, employees, agents, contributors, third-party content providers, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit, goodwill, or business reputation, and any other intangible loss.

12. Termination of Contract

These Terms will remain in effect until terminated by you or Bang and Grind Spence st as outlined below.

You may terminate these Terms by:

  • Notifying Bang and Grind Spence st at any time.

  • Closing your accounts for all Purchase Services, where available.

Your notice should be sent in writing to Bang and Grind Spence st via the 'Contact Us' link on our homepage.

Bang and Grind Spence st may terminate these Terms if:

  • You have breached any provision of the Terms or intend to breach any provision.

  • We are required to do so by law.

  • Our partner, through whom we offer the Purchase Services, has terminated its relationship with us or ceased to offer the Purchase Services to you.

  • We are no longer able to provide the Purchase Services to users in your country or if we determine, in our opinion, that it is no longer commercially viable.

Subject to applicable local laws, Bang and Grind Spence st reserves the right to discontinue or cancel your membership at any time and may suspend or deny your access to the website or the Purchase Services without notice if you breach these Terms or any applicable law.

Upon termination, the legal rights, obligations, and liabilities of both you and Bang and Grind Spence st that have accrued while these Terms were in force will not be affected by the termination. The provisions of this clause will continue to apply indefinitely.

13. Indemnity

You agree to indemnify Bang and Grind Spence st, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage incurred or suffered in connection with:

  • Any Content you post through the website.

  • Your access to, use of, or attempts to use the website.

  • Any breach of these Terms.

14. Dispute Resolution

Compulsory

If a dispute arises out of or relates to these Terms, either party must not commence any Tribunal or Court proceedings unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party claiming a dispute (Dispute) has arisen under these Terms must give written notice to the other party detailing the nature of the Dispute, the desired outcome, and the action required to settle it.

Resolution

Upon receipt of the notice (Notice) by the other party, the Parties must:

  • Within 28 days of the Notice, endeavor in good faith to resolve the Dispute through negotiation or other mutually agreed means.

  • If, for any reason, the Dispute remains unresolved 28 days after the Notice, the Parties must either agree on the selection of a mediator or request the President of the Far North Queensland Dispute Resolution Centre or their nominee to appoint an appropriate mediator.

  • The Parties are jointly responsible for the mediator's fees, reasonable expenses, and the cost of the mediation venue. Each party will bear its own costs associated with the mediation.

  • The mediation will take place in Cairns, Australia.

Confidentiality

All communications concerning negotiations made by the Parties in connection with dispute resolution are confidential and must be treated as "without prejudice" negotiations in accordance with applicable laws of evidence.

Termination of Mediation

If two months have elapsed from the start of mediation, and the Dispute remains unresolved, either Party may request the mediator to terminate the mediation.

15. Venue and Jurisdiction

The Purchase Services offered by Bang and Grind Spence st are intended for use by residents of Australia. In case of any dispute related to the website, you agree that the exclusive venue for resolving such disputes shall be the courts of Queensland, Australia.

16. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any dispute arising out of or relating to these Terms and the rights created hereby shall be governed, interpreted, and construed in accordance with the laws of Queensland, Australia, without reference to conflict of law principles.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the remainder of the Terms shall remain in force.