Terms & Conditions
Welcome to Blaze and Foam
The website http://www.blazeandfoam.com.au and its associated features and mobile applications, if any, (“Site“) is owned and administered by Blaze and Foam Pty Ltd. (ABN: 90976836993) (“BLAZE AND FOAM”, “we“, “our“, “us“).
ACCESS AND USE OF THE SITE
You must only use the Site in accordance with these Terms and any applicable law.
You must not (or attempt to): interfere with or disrupt the Site or the servers or networks that host the Site; use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or interfere with security-related or other features of the Site.
To access some features of the Site, you may need to register an account with us (“Account”). To register for an Account, you must provide us with accurate and current personal information including your name, address, and a valid email address. You must not register more than one Account. You must be at least 18 years old to use this website.
To place Orders using an Account you must be at least 18 years old and have the capacity to enter into a legally binding agreement with us. If you are under 18, you will need to speak to a parent or guardian, and ask them to place the order in their own name, since we do not sell products for purchase by children.
You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
You must not use another person’s Account without our, and/or the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact us at firstname.lastname@example.org immediately and take immediate steps to re-secure your Account (including by changing your password).
We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.
You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to: in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or in a way that is illegal or unfair.
INFORMATION ON THIS SITE
The Site and the content on the Site are subject to copyright, trademarks and other intellectual property rights. These rights are owned by or licensed to BLAZE AND FOAM.
You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.
Due to photographic and screen limitations associated with the representation of products; products may differ to a small extent in visual appearance from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the products received.
ORDER AND FORMATION OF CONTRACT
When making an Order, you must follow the instructions on the Site as to how to make your Order and for making changes to your Order before you submit it.
Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told at the checkout the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any charges you are liable to have the products delivered to the address provided by you (“Delivery Fees”). Unless otherwise stated all charges are in Australian dollars.
You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.
By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
If you determine that you have made a mistake with your Order after you have submitted it to the Site, please contact us at email@example.com, although please note that once you have already paid, we then cannot modify your Order in accordance with your instructions and a $10 administration fee may be applicable to process a cancellation with refund.
When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement and will not constitute acceptance of your Order. A contract between us for the purchase of the goods (“Contract”) will not be formed until you receive a shipment confirmation email from us. We are not obliged to supply the product to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order at another time);
(b) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
(c) if there has been an error in the imagery, price or product description on the Site,
(d) if there has been an error by way of the wrongful inclusion of an item in a particular sale or promotion.
Until the time when we accept your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method minus an administration fee. We will not change any Terms applying to an existing Order that we have already accepted; the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.
The products offered by Blaze & Foam are strictly subject to availability. Therefore, we may withdraw them at any time.
All pricing is subject to change without prior notice.
All prices quoted on www.blazeandfoma.com are in Australian Dollars (AUD). GST is displayed at checkout.
We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
Delivery options are set out in our Shipping page, although such information is indicative only, and does not include Orders that may be shipped by our Partner/Sellers.
Please see more information on delivery and shipping here
We may dissolve a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.
FAULTY PRODUCT RETURNS
Please click here
CHANGE OF MIND RETURNS
Please click here
We may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions regarding selected styles, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be presented below.
You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).
We may also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions.
DISCLAIMER AND LIABILITY
This clause prevails over all other clauses, and, to the extent permitted by law, states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these Terms or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these Terms or the entering into or performance of these Terms.
Nothing in these Terms excludes or limits your statutory rights as a consumer or our Liability for: fraud; death or personal injury caused by our Breach of Duty; any breach of the obligations implied or guaranteed by law; or any other Liability which cannot be excluded or limited by applicable law.
In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
To the extent permitted by law:
(a) We do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
(c) You should not rely on any information accessed using the Site to make a purchasing decision—you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not customised to fit any particular requirements that you may have.
(e) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these Terms.
(f) Despite any other provision of these Terms to the contrary and to the extent permitted by law, in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
(g) The maximum liability of BLAZE AND FOAM PTY LTD. under this contract will be equal to the price paid by you for the individual item(s) purchased under this Contract
You indemnify and hold us and our related entities, affiliates, and their respective officers, agents, and employees, harmless from and against all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news, promotions, reminders, and updates on the status of returns and refunds. We may also communicate with you electronically. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.
Entire agreement: These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.
Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
No waiver: No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.
Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.
Third party rights: All provisions of these Terms apply equally to and are for the benefit of BLAZE AND FOAM, its subsidiaries, any holding companies of BLAZE AND FOAM, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms may be varied or rescinded without the consent of those parties).
Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
Governing law: These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of the State of NSW and both parties hereby submit to the jurisdiction of the courts of NSW.
DEFINITIONS AND INTERPRETATION
In this document, terms are defined either (i) in the body of this document above, or (ii) defined as set out below, unless the contrary intention appears:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;
Breach of Duty means the breach of any:
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);
Liability means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including, without limitation, liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term of these Terms (and for the purposes of this definition, all references to these Terms shall be deemed to include any collateral contract); and
“BLAZE AND FOAM”, “we“, “our“, “us“ means BLAZE AND FOAM PTY LTD.Pty Ltd (ABN 90976836993) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to includes or including or like words or expressions shall mean without limitation.
These Terms were last updated on 12 February 2022.