Terms & Conditions

Terms & Conditions

When you use our website, www.bla.com.au you accept our Terms and Conditions.  Please read them carefully. Your access to and use of the Website, including your order of products through the Website, is governed by these Terms and Conditions.


1.1 Limited licence
 
(b) You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Website.
(a) is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by the us as inappropriate;
 
2.0 Web Based Promotional Codes

(a) www.bla.com.au is a website where you can browse, select and order products from Aus Holdco Pty Limited ABN 27 078 276 758 (BLA, us or we).

(b) We grant you a limited, revocable licence to access and use the www.bla.com.au website (Website) and its content in accordance with these Terms and Conditions.  

(c) You may display, print or download the content of our Website on your computer, PDA, mobile phone or other telephonic device for information, entertainment and personal use only.

(d) Some of the content of our Website may be subject to Additional Terms and Conditions (for example, content which you access through links to the websites of third parties). If you agree to Additional Terms and Conditions and there is any inconsistency between those terms and these Terms and Conditions:

(i) these Terms and Conditions prevail to the extent of any inconsistency in relation to the use of our Website; and

(ii) the Additional Terms and Conditions prevail only to the extent of the inconsistency in relation to your use of a third party's services or website.

(e) You cannot use our Website or any part of it for any Commercial Use or for any public display (commercial or non commercial).

(f) We reserve the right to suspend, terminate or otherwise deal with your limited licence in relation to the Website and its content at any time.

(g) Our Terms and Conditions apply while you use our Website or services. You agree to be bound by, and comply with, these Terms and Conditions.

(h) You agree to comply with all relevant laws relating to your use of the Website and your placement of any order through the Website. 

1.2 Your use of our Website

(a) In using our Website you must not:

(i) distribute all or any part of our Website other than as intended or as agreed by us in writing.

(ii) do anything which alters the Website, or interferes with or affects its working other than as intended or as agreed by us in writing. This includes removing anything from it, adding anything to it, linking it to or from another Website.

(iii) alter or modify any part of our Website other than as intended as agreed by us in writing.

(iv) access third party submissions or other content on our Website other than as expressly authorised by us and by way of the web pages provided by us.

(v) use the Website or include, list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or Intellectual Property Rights of another, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, offensive, vulgar, harmful, advocating violence, threatening, abusive, harassing, or violates any applicable law, statute, ordinance or regulations, or which is prohibited by these Terms and Conditions.

(vi) use or launch any automated system including (without limitation) any offline readers, spiders or robots that access our Website in a way that:

(A) sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser.

(B) sends spam to any other user.

(C) annoys or harasses any other user.

(vii) collect or harvest any personally identifiable information.

(viii) store, permanently download or redistribute content from our Website other than as intended or as agreed by us in writing.

(ix) circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent, limit or restrict use or copying of any content from our Website.

(x) attempt to decompile or reverse engineer any software contained on the Website.

(xi) transfer the materials to another person or 'mirror' the materials on any other server.

(xii) use any data listed on the site for commercial purposes e.g. through price or information scraping.

1.3 We are entitled to use, remove, alter and monitor content on the Website

(a) We are entitled without notice, but are not obliged to:

(i) use, alter, update and monitor the content of the Website, at any time and at our sole discretion.

(ii) remove from the Website any content that is in our opinion and sole discretion unacceptable.

1.4 Privacy policy

(a) Parts of our Website may require you to provide us with personal information. To access our privacy policy, click here.

1.5 Submitting information

(a) In order to take advantage of any promotions and order any products on our Website, you will need to provide certain information. When entering information on our Website, you must provide accurate, current and comprehensive information.

(b) You must be more than 18 years of age to submit information on our Website. BLA 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 aged less than 18, your parent or guardian must accept full responsibility for the terms, conditions, obligations and warranties set out in these Terms and Conditions and/or any Additional Terms and Conditions.

1.6 Links to and from websites

(a) You must never create a link to or from our Website or any part of our Website:

(i) for Commercial Use, without our prior written consent.

(ii) to or from a website which contains Prohibited Content.

(iii) to or from a website which infringes third party's rights (including Intellectual Property Rights).

(b) Our Website may contain links and other pointers to websites owned or controlled by third parties.  These links are provided for your convenience only and are not endorsed by us.

(c) When accessing third party websites you should read the terms and conditions applying to the use of those websites.

(d) We have no control over the content, practices or policies of any third party websites and therefore take no responsibility in respect to them.  By using our Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.

1.7 Your Account

(a) If you use this Website, 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.  

(b) BLA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in BLA’s sole discretion.

1.8 Placing an order for Products

(a) You may order products by selecting and submitting your order through the Website in accordance with these Terms and Conditions.

(b) Any order placed through this Website for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order.

(c) We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Website.

1.9 Acceptance or rejection of an order

(a) In certain circumstances, we may need to reject your order, including but not limited to where the requested product is not available or if there is an error in the price or the product description posted on the Website.

(b) Each order placed for products through the Website that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:

(i) supply the products in that order to you in accordance with these Terms and Conditions; and

(ii) send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please add the BLA email address in your contact address book to ensure emails are not sent to SPAM or blocked by your fire wall.

(c) If we reject an order placed through the Website, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

1.10 Delivery of products

(a) We only deliver to addresses in Australia.

(c) We also recommend that you be present to accept the delivery of your order if you have paid by credit card.

(d) We do not deliver to PO boxes, and require a signature at point of delivery.

(e) We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.

(f) If there is no one or no appropriate person (for example, above 18 years old) at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the products you have ordered. In this instance, we will endeavor to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.

(g) You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.

1.11 Cancelling an order

(a) We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

(i) the products in that order are not available; or

(ii) there is an error in the price or the product description posted on the Website for the product in that order; or

(iii) we reasonably believe your order has been placed in breach of these Terms and Conditions.

(b) If we cancel your order or part of your order, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

(c) You may cancel an order (whether it is accepted by us or not) by contacting us at any time prior to the dispatch of that order. On cancelling the order, we will refund your payment either to your original payment method or through an alternative means. If we cannot stop the shipment of the order at the time of cancellation, then you will be required to refuse delivery or return the products in order to receive a refund in accordance with our Returns Policy. If you would like to access our Returns Policy, click here.

1.12 Fees and charges

(a) We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order  and any other fees and charges notified at the time of purchase.  

(b) All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.

1.13 Payment methods

(a) You may pay the fees and charges for an accepted order using the following payment methods:

(i) the following credit cards:

(A) Visa;

(B) MasterCard;

(C) Debit cards displaying a Visa or Mastercard logo; and

(D) Gift cards.

(b) If we are unable to successfully process your debit card or credit card, payment for your order that is accepted by us, then we may cancel your order.

(c) If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.

(d) You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

(e) We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.

1.14 Damaged products and returns

(a) Once you open a parcel or item from its packaging, it cannot be refused at the point of delivery. If you suspect that a product is damaged on delivery, then you should refuse to take receipt of that product and notify us. If you notice damage to a product after delivery, you should notify us within 14 days of delivery and return that product in accordance with the Returns Policy.

1.15 Risk of loss

(a) Risk and title to a product passes to you on the date and time of delivery to the delivery address.

1.16 Product descriptions

(a) BLA attempts to be as accurate as possible. However, to the extent permitted by law, BLA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

1.17 Trade Marks

(a) We own our trade marks. No permission is given for their reproduction or publication, except to the extent allowed by this limited licence.

(b) You acknowledge that all marks that appear throughout the Website belong to us or the respective owners of those marks and are protected by domestic and international trade mark and copyright laws. Any use of any of the marks without the express written consent of us or the owner of the mark (as applicable) is prohibited.

1.18 Intellectual Property Rights

(a) The content and software used in connection with the Website contains confidential information that is protected by valid and applicable Intellectual Property Rights.

(b) We own or have a right to use the Intellectual Property Rights to use the Website and all of its content.  We reserve our rights in it.  Apart from uses permitted by the Copyright Act 1968 (Cth) or by these Terms and Conditions, no part of any content may be reproduced or provided to the public, in any form and by any means, without our written permission.

(c) You agree that:

(i) no title to any Intellectual Property Rights in this Website or its content is transferred to you; and

Freight Policy - BLA Trade Customers only

Orders under $750 (inc!. GST). remote destinations or for supply of products with a dead weight or cubic weight 50kg or above will be charged freight in accordance with the Customer's requirements.

BLA offers a convenient freight service based upon our negotiated contract rates and BLA will calculate and pay the freight on the Customers behalf which will be itemised separately on the invoice. Customers may elect to use their own carrier at their own expense by indicating the transport and account details on their order.

Orders over $750 will be FIS (Free into Store) to the Customer's trade delivery address as specified in the account application, within Australia, subject to the goods being delivered by BLA's nominated transport. This excludes oversize product and products with a dead weight or cubic weight of 50kg or above.

All Third-party deliveries to addressed other than those listed on the account application will be charged freight.

Orders containing products with a dead weight or cubic weight of 50kg or above will have freight charged for these items or may be treated as a stand-alone order.

Bow mount Minn Kota Motor shipped via any of our warehouse locations, will attract a flat rate of $15ex GST per motor surcharge.

A dangerous goods surcharge of $15 will be applied to all orders containing dangerous goods. All orders containing flares will be treated as a stand-alone order and will be sent separately and charged accordingly.

Kayak and Canoe freight is a flat rate of $110.00 ex GST per Kayak or Canoe Excludes - Tasmania and all other islands where freight costs will be calculated and charged at the time of dispatch.

The following remote areas are excluded from our FIS freight policy:

NEW SOUTH WALES QUEENSLAND

Norfolk Island Agnes Waters

Longreach

NORTHERN TERRITORY Mission Beach

Nhulunbuy Thursday Island

Katherine Emerald

Hamilton Island and All areas north of Port Douglas

WESTERN AUSTRALIA All other islands (e.g. Magnetic Island, Stradbroke Island, Moreton Island, etc)

Christmas Island

Kalgoorlie SOUTH AUSTRALIA

All areas greater than 400km from Perth

metro Kangaroo Island

·This list is updated from time to time as required

Suspension of Returns

BLA has for many years had one of the leading returns policies in the marine industry.

This policy allowed BLA customers from across Australia and the Pacific to return products for up to 21 days, no questions asked.

With the current growth of COVID-19 across locations where we trade, BLA has made the decision to immediately suspend the returns policy until further notice.

This decision has not been made lightly but it is felt it is in the best interest of our team members as well as our customers and their families who may subsequently handle the returned stock item.

BLA has a strong focus on safety, both on the water as well as for our team members and customers. We trust you are understanding of this change under the current challenging situation we all face together.