Terms of service
Promotional Terms and Conditions - Pre Order Offer
The pre-order begins at 7:00 AM AEST on Friday, 15 March 2024 and will continue until further notice.
The first 100 pre-orders will be eligible for a $50 discount on their purchase of the Bombus Ruck using the code “PREORDER50”. These “PREORDER50” Orders are Excluded Items and are not able to be returned or exchanged in accordance with our Change of Mind Policy except in accordance with Australian Consumer Law.
For all other pre-orders, our Change of Mind Policy applies. The 30 day change of mind period will apply from the date of dispatch.
Deliveries for pre-ordered products will commence at the end of April 2024. Please note that the delivery timeline may vary depending on factors such as location and availability.
Upon successful completion of the pre-order, customers will receive an order confirmation via email. This confirmation will include details of the ordered items, total amount paid, estimated shipping cost, and delivery schedule.
All pre-orders are subject to availability. In the event that the product becomes unavailable or delayed, customers will be notified accordingly, and appropriate measures will be taken to address the situation.
This pre-order offer is subject to change or withdrawal without prior notice. We reserve the right to modify these terms and conditions at any time, at our sole discretion.
By participating in this pre-order offer, customers agree to abide by these terms and conditions.
Terms and conditions
This is the website terms and conditions (terms) for Bombus Manufacturing Pty Ltd (referred to herein as we, us or our).
By using this website, you agree to these terms. If you do not agree to these terms, you should not use this website.
We may change these terms from time to time. If you continue to access this website following such a change, then you will be deemed to have agreed to the changed terms.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions.
- All orders are subject to availability and confirmation of the order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- In order to contract with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you.
Our Contract
When you place an order, you may receive an acknowledgement e-mail confirming receipt of your order. 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 will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Our product descriptions may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the product description that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Payment
Our website accepts payments using American Express, Apple Pay, Visa, Mastercard, Shop Pay, Union Pay and Google Pay.
Discount Codes
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.
The conditions of use relating to any discount code will be specified at the time of issue.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law us and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Assumption of Responsibility
You acknowledge and agree that the products purchased from us are intended for fitness and exercise purposes only.
It is your sole responsibility to ensure that the products are used appropriately and in accordance with any provided instructions, guidelines, or recommendations.
We shall not be held liable for any injury, damage, or harm resulting from the improper or negligent use of the products by you or any third party.
You understand and acknowledge that engaging in physical exercise, including the use of weights and exercise equipment, carries inherent risks of injury or harm.
Prior to using the products, we recommend you seek advice from a qualified medical professional, especially if you have any pre-existing medical conditions, physical limitations, or concerns regarding their health and fitness.
We shall not be responsible for any consequences arising from the failure of the customer to seek appropriate medical advice before using the products.
You expressly agree that the use of the products is at your own risk, and Bombus Manufacturing Pty Ltd, its affiliates, employees, agents, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the purchase, use, or misuse of the products.
In no event shall Bombus Manufacturing’s total liability to you for any and all claims related to the products exceed the total amount paid by you for the purchase of the products.
Acceptable use
In accessing and using this website you must not engage or attempt to engage in any activities that:
- download (other than page caching) or modify this website or any portion of this website;
- impersonate or falsely claim to represent a person or organisation;
- are commercial, including selling, marketing, advertising or promoting goods or services;
- frame this website without our express written permission;
- post, link to, communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, or otherwise use this website in a manner which is unlawful or would infringe the rights of another person (including any intellectual property rights);
- provide access or links to any content (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
- bypass (or attempt to bypass) any security measures that we use in relation to this website;
- delete or alter or attempt to delete or alter attributions, legal notices, trade marks or copyright marks on any content on this website; or
- post or transmit or permit the posting or transmission of any content which contains a computer virus or other harmful data, code or material.
Linking to this website
You are welcome to link to this website, provided that in doing so:
- you do not use any of our trade marks without our permission or use any other trade mark which appears on this website without the permission of the owner of that trade mark; and
- you do not link to this website from a website or in a manner which disparages or may disparage our reputation, or the reputation of our commercial partners, customers, suppliers or advertisers.
Third party content, products and services
Our website(s) may contain links to websites operated by third parties. If you access a third party website through our website(s), personal information may be collected by that third party website. We make no representations or warranties in relation to the privacy practices of any third party provider or website and we are not responsible for the privacy policies or the content of any third party provider or website. Third party providers / websites are responsible for informing you about their own privacy practices and we encourage you to read their privacy policies.
Intellectual property
This website contains copyright, trade marks and other forms of intellectual property (intellectual property) owned or licensed by us. All rights in relation to such intellectual property are reserved. Except where we otherwise agree in writing, you must not use such intellectual property, including by copying, framing, modifying, transmitting or distributing the intellectual property.
Privacy
Please refer to our privacy policy for information on how we collect, use, store and manage personal information, and your rights in relation to such personal information, available on this website. By using this website, you acknowledge our privacy policy (as amended from time to time).
Cookies
Our website uses cookies. A cookie is a small data file composed of alphanumeric characters that our website places on your device with your permission. These cookies are capable of recognizing when your device has previously visited our website, this allows us to differentiate you from other users. This enhances both your user experience and the performance of our website.
We do not use cookies to identify you personally, but solely to enhance your experience on our website. If you prefer not to use cookies, you have the option to modify your internet browser's settings to prevent it from automatically downloading cookies. However, please note that disabling or blocking cookies may impact your browsing experience and the functionality of our website.
Website analytics
Our website uses Facebook Pixel, Shopify and Google Analytics to help us better understand visitor traffic, so we can improve our services.
Direct marketing
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you if you have requested or consented to receive such communications. These communications may be sent in various forms, including mail, SMS, and email, in accordance with applicable marketing laws, such as the Australian Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will try to use that method whenever practical to do so.
You may opt-out of receiving marketing communications from us at any time by following the instructions to “unsubscribe'' set out in the relevant communication or contacting us using the details set out in the “How to contact us” section below.
In addition, we may also use your personal information or disclose your personal information to third parties for the purposes of advertising, including online behavioural advertising, website personalisation, and to provide targeted or retargeted advertising content to you (including through third party websites).
General exclusions
The content on this website is made available for general information purposes only and does not constitute professional advice or recommendations. Any use of (or reliance on) such content is at your own risk. You should not use such content as a substitute for consulting with qualified professionals as to your particular circumstances and needs.
We do not warrant the accuracy, adequacy, reliability or completeness of the content on this website and expressly disclaim liability for defects, errors or omissions in such content.
To the fullest extent permitted by law, we disclaim all representations, warranties, conditions and guarantees (whether express or implied) in relation to this website and its content, including under legislation, common law, equity, trade, custom or usage. We do not offer any warranties or make any representations in relation to any third party goods or services described or referred to on this website.
Access and communication
We do not warrant that you will have continuous access to this website and will not be liable if this website is unavailable to you for any reason. We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across this website and accept no responsibility for any loss or damage associated with them, whether due to congestion, technical malfunction, viruses or otherwise. While we take reasonable precautions to protect information transmitted via this website, we cannot and do not guarantee the security or confidentiality of these communications or the security of this website.
International use
If you choose to access this website from any location outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access this website from any location where doing so would be illegal.
Exclusion and limitation of liability
General exclusion
To the fullest extent permitted by law, we exclude all liability for losses, damages and claims arising out of or in connection with this website (including any use of or reliance on the content on this website), these terms or any supply of goods or services pursuant to these terms, including liability in respect of any breach of contract, tort (including negligence) or any other common law, statutory or other action.
Consequential loss
To the fullest extent permitted by law, we exclude all liability to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising out of or in connection with this website (including any of the content on this website), any links to or from this website or the goods and/or services advertised, referred to on or supplied pursuant to this website.
Consumer guarantees
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy (guarantee) you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified. To the fullest extent permitted by law, our liability for a breach of such a guarantee is limited, at our option, to:
- in the case of goods supplied or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services supplied or offered by us:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Termination of your access to this website
We may at any time immediately terminate your access (including restricting access) to this website or any feature of this website for any reason (including due to your breach or alleged breach of these terms) in our sole discretion and without prior notice.
General terms
These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms, their performance and subject matter.
Each provision of these terms is severable from the others and no severance of a provision will affect any other provision.
Questions, feedback and complaints
If you have any questions, feedback or complaints in relation to this website, then please contact us. We welcome your feedback and will endeavour to respond to you (where a response is required) in a prompt manner.
customerservice@bombus.com