Terms & Conditions

Conditions of use:

Links:
Billi Pty Ltd web sites also contain links to other web sites. On first link up the external site was checked for illegal content. Billi Pty Ltd is not responsible for external content that can be reached via such links. If Billi Pty Ltd becomes aware or is informed that a site contains illegal content, this link will be removed if this is technically possible and reasonable.

Using our web site:
The information contained on the Billi Pty Ltd web site is protected under copyright laws. Billi Pty Ltd allows all content on its web site to be viewed and downloaded strictly for private, non-commercial use. The content may not be reproduced, exhibited, distributed or otherwise used for public or commercial purposes. The content may not be changed and used on other Internet sites or networked computers without Billi Pty Ltd’s written permission. When copying the content your attention is expressly drawn to Billi Pty Ltd’s copyright and ownership rights. Infringing these conditions will lead to the immediate destruction of all printed or downloaded content. We reserve the right to claim further damages.

Downloading:
Programmes are downloaded at your own risk. Billi Pty Ltd accepts no liability for damage caused from installing and/or using software from the download area. In spite of up-to-date virus checkers we accept no liability for damage and harm caused by computer viruses within legal regulations.

Warranty and liability:
The information on our web site has been compiled with the greatest care. Similarly, Billi Pty Ltd takes great trouble to ensure that the information on the web site is up to date. Billi Pty Ltd however gives no guarantee that it is complete or suitable for specific purposes. The information provided on the web site is used at the user's sole risk.

Billi Pty Ltd’s liability from or in connection with the use of the web site, for whatever legal reason, is restricted to damage that Billi Pty Ltd or its agents or employees have caused with malice intent, with gross negligence or, if infringing essential contractual obligations, slight negligence. In cases of slight negligence Billi Pty Ltd’s liability is restricted to the typical, foreseeable damages with comparable matters of this type. Damages relating to guarantees or under the Product Liability Act remain unaffected.

If while using the services offered on the web site you make your mobile number and/or e-mail address generally available, please note that Billi Pty Ltd is not responsible for the consequences resulting from this, in particular receiving unwanted calls and/or e-mails etc.

Trademark rights:
Billi Pty Ltd is the owner of all the trademarks used on the Billi Pty Ltd web site. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks.

Your Account:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Billi Pty Ltd does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Billi Pty Ltd.com only with involvement of a parent or guardian. Billi Pty Ltd reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Data protection conditions:

General:
We confirm that we will deal with your personal details responsibly. Therefore we should like to inform you that your personal details will be stored in automated files and will be processed and used accordingly to process your order in compliance with the national and international data protection regulations in force. We shall only save your data and use it within our company for advertising purposes if you give your express permission for this. To do this, anywhere on the web site where personal data are retrieved you have the option of giving your agreement. You can withdraw your permission at a later data by sending us an e-mail or a letter. Normally Billi Pty Ltd does not require you to enter any personal details in order to use the web site. This means that the web site can be called up without the need to register first.

Confidentiality declaration:
Billi Pty Ltd guarantees that your details will be kept confidential. Billi Pty Ltd does not intend either now or in the future to sell, pass on or market personal details to third parties. If you have given your express permission before the data are collected Billi Pty Ltd or one of its authorised service providers will save and process your personal details when using the web site.

Billi Pty Ltd will always keep these conditions of use up to date.

Terms & Conditions of Sale

1. Interpretation
In these Conditions of Sale, 'Billi' means Billi Pty Ltd (ABN 93 420 879 077), 'the Buyer' means the person, firm or company purchasing the Goods, 'the Goods' means the materials and/or services subject to the contract between the Buyer and Billi and 'Consumer' has the same meaning as prescribed under the Competition and Consumer Act 2010 incorporating the Australian Consumer Law.

 

2. General
2.1 Unless otherwise agreed in writing, every order, sale, quotation and contract placed with Billi shall be subject to these Conditions of Sale to the extent that the same are applicable which are deemed to be agreed and accepted by all parties involved and override any standard terms and conditions stipulated, incorporated or referred to in the Buyer's order.
2.2 These Conditions of Sale shall be governed by the laws applicable in Victoria and the Buyer submits to the jurisdiction of the Victorian Courts and Tribunals.
2.3 Without limiting Clause 2.2, these terms and conditions operate in conjunction with the Competition and Consumer Act 2010 incorporating the Australian Consumer Law.
2.4 If any clause or part of these Conditions of Sale not being of fundamental nature is held to be illegal or unenforceable, the validity and enforceability of the remainder of these Conditions of Sale shall not be affected.

 

3. Price
3.1 The Buyer shall pay the price of the Supply stated in the invoice which will be the price ruling at the date of delivery inclusive of GST (as defined under the A New Tax System (Goods and Services Tax) Act 1999, as amended ("the GST Act")).
3.2 a) Billi shall provide the Buyer with a Tax Invoice including the ABN number and other details required in the GST Act.
b) The Buyer shall pay GST at the rate set by the GST Act and shown on the tax invoice.
3.3 Unless otherwise agreed in writing, the price is exclusive of packaging costs, freight charges, delivery costs, bank charges and such other charges notified by Billi to the Buyer which are unable to be quantified in advance ('Price Additions'), all of which costs if incurred are payable by the Buyer.
3.4 If the cost to Billi of supplying the Goods not yet delivered is materially increased by any dispute or cause, and the parties concerned cannot agree on how much such increase shall be borne, Billi or the Buyer many cancel the Contract without liability in respect of such undelivered Goods.
3.5 Where delivery of the Goods is to be made by instalments, each delivery shall be treated as a separate contract and failure, suspension or delay in any delivery or defect in the Goods delivered shall not vitiate the Contract as to other Goods.

 

4. Acceptance and Risk
4.1 The Buyer accepts the Goods and the Goods are at the Buyer's risk immediately upon leaving the premises, whether the Goods are delivered by Billi or by someone other than Billi or contracted by the Buyer. If the Buyer wishes to insure against loss or damage to the Goods after they have left Billi's premises, it shall be the Buyer's responsibility to do so.
4.2 All delivery dates are estimates only and Billi shall not be liable in damages for any delay nor shall the Buyer be entitled to refuse or to accept delivery, except where delay or an unreasonable length has occurred due to circumstances within Billi's control without limiting the generality of the foregoing. The following circumstances shall be deemed NOT to be within Billi's control:
Act of God, war, riots, civil commotions, strikes, lock outs, trade disputes, fires, breakdowns, interruptions of transport, government action, and delay in delivery by Billi's suppliers.
During any such period of delay, the Buyer, after giving reasonable prior written notice of his intention to do so, shall be at liberty to purchase elsewhere such Goods only as shall be necessary for the Buyer's immediate requirements and to cancel a delivery from Billi of any corresponding quantities so purchased.

 

5. Terms of Payment
5.1 The Buyer shall pay the price and the Price Additions ('Total Price') before the end of the month following the month of invoice. Unless otherwise stated on the invoice, this shall be deemed the 'Due Date'.
5.2 Unless the Buyer is a Consumer:
a) if the Buyer does not pay the full amount of the Total Price on or before the Due Date, Billi may charge a monthly accounting fee equal to 1.5% of the overdue amount for each month or part of month that any amount is overdue; and
b) all expenses incurred by Billi in collecting overdue payment from the Buyer, including debt collection agency, legal and court fees, shall be payable by the Buyer to Billi as a debt due forthwith upon demand from Billi.
5.4 The Buyer shall send all amounts due under these Conditions of Sale to the address of Billi printed on the front of the invoice.
5.5 If the Buyer shall fail to make any payment on the Due Date or becomes bankrupt or enters into liquidation (other than for the purpose of amalgamation or reconstruction) or makes any composition arrangement with creditors or has a receiver appointed of its undertaking property or assets or any part thereof, Billi shall have the option to withhold or cancel further deliveries, provided that the failure on the part of Billi to exercise such option in respect to one or more deliveries shall not affect their right to exercise it in respect of other deliveries.
5.6 If the Buyer has been granted Credit then the Credit can be withdrawn at any time and any Orders cancelled by Billi in its sole discretion.

 

6. Claims
6.1 The Buyer shall inspect or shall be deemed to have inspected the Goods upon delivery. Where the Goods supplied are not in accordance with the Contract, the Buyer shall give notice in writing within 7 days of receipt and if agreed upon, Billi shall have the option to:
a) credit the Buyer with the price; or
b) replace same.
Nothing in this Clause excludes any rights of the Buyer under the Australian Consumer Law.
6.2 Goods are sold and installation, service or advice is given in good faith in connection therewith on condition that Billi and their servants are not liable in contract, tort or otherwise for any loss, consequential damages or injury of any nature whatsoever to persons or property arising there from, including damages resulting from any non-operation of the Goods that are not reasonably foreseeable.

 

7. Returns
7.1 The Buyer may only return goods to Billi for credit if:
a) the prior written approval of Billi for the return has been obtained; and
b) the freight costs on the return have been paid by the Buyer.
7.2 If the Buyer returns the Goods otherwise than in accordance with clause 7.1:
a) Billi may at its sole discretion accept the return and grant a credit to the Buyer; or
b) if Billi does not accept the return, Billi may hold the Goods on the Buyer's behalf at the Buyer's expense until arrangements satisfactory to Billi are made by the Buyer for the disposal of the Goods.
7.3 Any credit given by Billi for Goods returned by the Buyer and accepted by Billi is subject to a re stocking fee equal to 35% of the purchase price of the Goods plus return freight expenses.

 

8. Cancellation
No order for Goods placed by the Buyer and accepted by Billi may be cancelled or deferred without prior consent in writing of Billi and in the case of custom made Goods ordered by the Buyer, no order for such Goods may be cancelled after:
a) Billi has scheduled manufacture of such Goods; or
b) Billi has purchased materials required for the manufacture of such Goods.

 

9. Property
9.1 Property in and title to each unit of the Goods supplied shall not pass to the Buyer until payment has been received by Billi in full (each unit being considered as a whole).
9.2 Until property in the Goods passes to the Buyer hereunder the Buyer shall, unless otherwise agreed by Billi in writing, store the Goods so that they are clearly identifiable as the property of Billi.
9.3 If the Buyer fails to make payment in accordance with these Conditions of Sale or Billi reasonably believes the Buyer is unable to make payment for the Goods within prescribed terms, the servants or agents of Billi shall be entitled to enter any premises in which the Goods are stored to repossess the Goods, without being in any way liable to trespass.
9.4 Unless payment has been made in full to Billi, the Buyer shall be entitled to re sell the Goods or part thereof in the ordinary course of business only upon the conditions that the proceeds of the Sale of the Goods or such part of the Goods as shall be so sold shall be received by the Buyer in trust for Billi.

 

10. Buyer's Statutory Rights
These Conditions of Sale shall not exclude, limit or modify the rights, entitlements and remedies conferred upon the Buyer, or the liabilities imposed upon Billi under Commonwealth or State legislation, but are subject thereto all excludable conditions and warnings which are hereby excluded where the Buyer is not a Consumer.