Terms of service

 

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to Bar Stool Centre! These Terms and Conditions of Use (the "Terms") govern your access to and use of the website located at www.barstoolcentre.com.au (the "Website") and the services provided by Hedger Enterprises PTY LTD (ABN 18 642 972 209), trading as Bar Stool Centre ("we," "our," or "us"). By accessing or using the Website, you agree to comply with and be bound by these Terms.

If you do not agree to these Terms, you must immediately discontinue your use of the Website and any associated services.

1. About the Website

(a) Welcome to www.barstoolcentre.com.au (the "Website"). The Website provides you with an opportunity to browse and purchase various products listed for sale on the Website (the "Products"). The Website provides this service by granting you access to the content on the Website (the "Purchase Services").

(b) The Website is operated by Hedger Enterprises PTY LTD (ABN 18 642 972 209). Access to and use of the Website, or any of its associated Products or Services, is provided by Hedger Enterprises PTY LTD. By using, browsing, or reading the Website, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with the Terms, you must cease using the Website and any associated Services immediately.

(c) Hedger Enterprises PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Terms are updated, Hedger Enterprises PTY LTD will use reasonable efforts to notify you of the changes. Any changes to the Terms take immediate effect from the date of publication.

2. Acceptance of the Terms

(a) By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

3. Third-Party Fulfilment Disclaimer

Most products offered on the Website are fulfilled by third-party suppliers. As a retailer, we do not manufacture the items we sell. By purchasing from the Website, you acknowledge that:

  • Product design, safety compliance, and manufacturing quality are the responsibility of the manufacturer or supplier.
  • Hedger Enterprises PTY LTD disclaims liability for damages arising from product defects and improper use, except as required under Australian Consumer Law.

We rely on our suppliers to ensure product quality, safety, and compliance with applicable regulations. While we partner with reputable suppliers, we cannot guarantee that every product will meet customer expectations beyond the manufacturer’s stated specifications.

Please note the following:

  • Shipping and Delivery: Orders may be shipped directly from third-party suppliers, which may result in separate shipments for multiple items in one order. Delivery timelines are estimated and may vary.
  • Product Information: Product descriptions, specifications, and images are based on information provided by suppliers. Slight variations may occur.
  • Returns and Warranties: Warranty claims, product defects, or returns are subject to the policies of the relevant supplier and will be managed in accordance with our Return Policy.

4. Registration to Use the Purchase Services

(a) Optional Registration
Customers are not required to register to access the Purchase Services on the Website. However, registration is available for those who wish to create an account for a more personalised shopping experience.

(b) Information Required
If you choose to register, you may be required to provide certain personal information during the registration process or as part of your continued use of the Purchase Services. This information may include, but is not limited to:

  1. Email address;
  2. Preferred username;
  3. Mailing address;
  4. Telephone number; and
  5. Password.

(c) Accuracy of Information
You warrant that all information provided to Hedger Enterprises PTY LTD during registration or while using the Purchase Services will always be accurate, complete, and up to date.

(d) Becoming a Registered Member
Upon completing the registration process, you will become a registered member of the Website ("Member") and agree to be bound by these Terms. As a Member, you will have immediate access to the Purchase Services, along with any additional features available to registered users.

(e) Eligibility to Use the Purchase Services
You may not use the Purchase Services or accept these Terms if:

  1. You are not of legal age to form a binding contract with Hedger Enterprises PTY LTD; or
  2. You are prohibited from accessing the Purchase Services under the laws of Australia or any other applicable jurisdiction.

5. Your Obligations as a User

(a) Permitted Use
You will use the Purchase Services only for purposes permitted by:

  1. These Terms; and
  2. Any applicable laws, regulations, or generally accepted practices and guidelines in your jurisdiction.

(b) Account Security

  • You are solely responsible for maintaining the confidentiality of your account credentials, including your password and email address.
  • You must not share your account details with others. Any unauthorised use may result in suspension or termination of your access to the Purchase Services.
  • Notify Hedger Enterprises PTY LTD immediately of any unauthorised account use or security breach.

(c) Prohibited Activities

  • Collecting email addresses or personal information of other users for unsolicited communication.
  • Framing, mirroring, or deep linking to the Website without prior consent.
  • Attempting unauthorised access to the Website, its data, or other accounts.
  • Using bots, crawlers, or automated tools on the Website.

(d) Non-Transferable Access
Access to the Website and Purchase Services is limited to you. Your account is non-transferable and may only be used for personal or business purposes related to Hedger Enterprises PTY LTD's services.

(e) Respect for Website Integrity

  • Do not interfere with or disrupt the Website’s operations, servers, or networks.
  • Commercial advertisements, affiliate links, or solicitation without approval may be removed without notice and result in account termination.

(f) Compliance with Business Model

  • Products are sourced through third-party suppliers, which may result in variable shipping times or separate deliveries for multiple items.
  • Ensure all purchases comply with the Website’s Terms, Shipping Policy, and Returns Policy.

By using the Website and Purchase Services, you agree to these obligations. Failure to comply may result in account suspension, termination, legal action, or other remedies.

6. Purchase of Products and Returns Policy

(a) Agreement to Pay
By using the Purchase Services to purchase a Product through the Website, you agree to pay the purchase price listed on the Website for the Product (the "Purchase Price").

(b) Payment Methods
Payment of the Purchase Price may be made using the following payment methods:

  1. Shop Pay;
  2. PayPal;
  3. Afterpay;
  4. Humm;
  5. Zip; or
  6. Laybuy (collectively referred to as the "Payment Gateway Providers").

By using these Payment Gateway Providers, you warrant that you have familiarised yourself with, and agree to be bound by, their applicable Terms and Conditions, Privacy Policies, and any other relevant legal documentation.

(c) Payment Confirmation
Once payment of the Purchase Price is confirmed by Hedger Enterprises PTY LTD, you will receive a receipt as confirmation. The company may also record your purchase details for future reference.

(d) Refunds and Returns
At its sole discretion, Hedger Enterprises PTY LTD may provide a refund for returned Products under the following conditions:

  1. The return is initiated within 7 days of purchase.
  2. The Product packaging is unopened and remains in a saleable condition.

You acknowledge and agree that you are responsible for any postage and shipping costs associated with returning the Product under this clause.

7. Warranty

(a) Hedger Enterprises PTY LTD's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to:

  • A replacement or refund for a major failure of the Product;
  • Compensation for any other reasonably foreseeable loss or damage; and
  • Repairs or replacements if the Products fail to meet acceptable quality standards and the failure is not a major failure (the "Warranty").

(b) You may make a claim under this clause (the "Warranty Claim") for material defects and workmanship in the Products within:

  • 12 Months (Furniture);
  • 12 Months (Electronics)
    from the date of purchase (the "Warranty Period").

(c) To make a Warranty Claim during the Warranty Period, you must provide:

  • Proof of purchase showing the date of purchase of the Products;
  • A description of the Products and the price paid;
  • Written notice sent to:
    Hedger Enterprises PTY LTD
    Level 23, 727 Collins Street, Melbourne, Victoria, 3008
    Or via email (preferred): support@barstoolcentre.com.au 

(d) If the Warranty Claim is accepted, Hedger Enterprises PTY LTD, at its sole discretion, will:

  • Repair or replace any defective Products or parts with new or remanufactured equivalents during the Warranty Period, at no charge for parts or labour.

Note: You are solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Hedger Enterprises PTY LTD. It will be the only remedy available to you, in addition to rights provided under applicable laws.

(f) All implied warranties, including warranties of merchantability and fitness for use, are limited to the Warranty Period.

(g) The Warranty does not apply to:

  • Product appearance issues;
  • Products subjected to misuse, abnormal service, or handling;
  • Products altered or modified in design or construction.

8. Shipping & Delivery

(a) Hedger Enterprises PTY LTD operates as the retailer and engages third-party fulfilment and courier services for delivery. The selection of couriers is at our discretion, based on factors such as location, product type, and availability.

(b) Orders may be shipped in separate parcels using different courier services. Delivery times may vary.

(c) Hedger Enterprises PTY LTD is not responsible for delays caused by factors beyond its control, such as weather, logistical disruptions, or unforeseen issues.

(d) If your order arrives damaged, provide photo or video evidence and detailed descriptions to support@barstoolcentre.com.au to expedite resolution. Lost orders can only be investigated 30 days after dispatch.

(e) Reviews or complaints about courier services should be directed to the respective courier. Feedback regarding Products and customer service is welcomed.

(f) By purchasing from Hedger Enterprises PTY LTD, you agree to these Shipping and Delivery Terms.

9. Copyright and Intellectual Property

(a) The Website, the Purchase Services, and all related products of Hedger Enterprises PTY LTD are subject to copyright. The material on the Website is protected under Australian copyright laws and international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website—such as text, graphics, logos, button icons, video images, audio clips, and software (the "Content")—are owned or controlled by Hedger Enterprises PTY LTD or its contributors.

(b) Hedger Enterprises PTY LTD retains all rights, title, and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you any of the following:

  1. The business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Hedger Enterprises PTY LTD;
  2. The right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
  3. A system or process that is the subject of a patent, registered design, or copyright (including any adaptations or modifications of such systems or processes).

(c) You may not, without prior written permission from Hedger Enterprises PTY LTD and any other relevant rights owners:

  • Broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change any of the Content or third-party content for any purpose.

Exceptions: This prohibition does not extend to materials on the Website that are explicitly available for reuse or are in the public domain.

10. Privacy

(a) Hedger Enterprises PTY LTD takes your privacy seriously. Any personal information you provide through your use of the Website and/or the Purchase Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your data.

(b) The Privacy Policy is available on the Website and forms part of these Terms. By using the Website, you acknowledge and agree to the terms outlined in the Privacy Policy.

11. General Disclaimer

(a) No Guarantees Beyond Terms
You acknowledge that Hedger Enterprises PTY LTD does not make any terms, guarantees, warranties, representations, or conditions regarding the Products other than those expressly provided for in these Terms or as required by law.

(b) Product Representation
Hedger Enterprises PTY LTD makes every effort to ensure that products are accurately depicted on the Website. However, you acknowledge that:

  • Sizes, colours, and packaging may differ slightly from what is displayed on the Website due to variations in manufacturing, display settings, or other factors.

(c) Australian Consumer Law Compliance
Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law, or any liability under such laws that may not be limited or excluded.

(d) Exclusion of Implied Terms
Subject to this clause, and to the extent permitted by law:

  1. All terms, guarantees, warranties, representations, or conditions not expressly stated in these Terms are excluded; and
  2. Hedger Enterprises PTY LTD will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable as a result of failing to meet an applicable Consumer Guarantee). This includes, but is not limited to:
    • Loss of profit;
    • Loss of opportunity;
    • Damage to goodwill arising from the Purchase Services or these Terms, whether arising at common law, under contract, tort (including negligence), equity, statute, or otherwise.

(e) Use at Your Own Risk
Use of the Website, the Purchase Services, and any products or Delivery Services of Hedger Enterprises PTY LTD is at your own risk. All content, Purchase Services, and Products are provided on an "as is" and "as available" basis, without warranty or condition of any kind.

(f) Product Manufacturing Responsibility
Hedger Enterprises PTY LTD does not manufacture the products sold on the Website. By purchasing from the Website, you acknowledge that:

  • Product design, safety compliance, and manufacturing quality are the responsibility of the manufacturer or supplier; and
  • Hedger Enterprises PTY LTD disclaims liability for damages arising from product defects, except as required under Australian Consumer Law.

(g) Liability for Improper Use
Hedger Enterprises PTY LTD will not be liable for any damages, injuries, or losses caused by improper use of the products, including but not limited to:

  1. Failure to assemble or install products as instructed;
  2. Use of products for purposes other than those intended by the manufacturer;
  3. Modifications, alterations, or tampering with the product;
  4. Negligence in handling, storage, or maintenance of the product.

(h) Third-Party Content and Services
None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors of Hedger Enterprises PTY LTD, nor any third party involved in providing Delivery Services, makes any express or implied representation or warranty about the Website, its Content, or any products or Purchase Services. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

  1. Failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, or other harmful components;
  2. The accuracy, suitability, or currency of any information on the Website, the Purchase Services, or related Content, including third-party material or advertisements;
  3. Costs incurred as a result of using the Website, the Purchase Services, or any products;
  4. The operation or content of third-party links provided for user convenience;
  5. Failure to complete a transaction or any loss arising from e-commerce activities on the Website; or
  6. Any defamatory, threatening, offensive, or unlawful conduct of third parties or publication of such materials.

12. Limitation of Liability

(a) Total Liability
The total liability of Hedger Enterprises PTY LTD arising out of or in connection with the Purchase Services or these Terms, regardless of how it arises (including under contract, tort, negligence, equity, statute, or otherwise), will not exceed:

  • The most recent Purchase Price paid by you under these Terms; or
  • Where no Purchase Price has been paid, the resupply of the information or Purchase Services to you.

(b) Exclusion of Damages
You expressly acknowledge and agree that Hedger Enterprises PTY LTD, including its affiliates, employees, agents, contributors, third-party content providers, and licensors, shall not be liable for any of the following damages, however caused and under any theory of liability:

  1. Direct, indirect, incidental, special, consequential, or exemplary damages;
  2. Loss of profit, whether incurred directly or indirectly;
  3. Loss of goodwill or business reputation;
  4. Any other intangible loss.

(c) Content Responsibility
Hedger Enterprises PTY LTD is not responsible or liable for:

  • Any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, regardless of whether it is posted or caused by users of the Website, third parties, or any Purchase Services offered by Hedger Enterprises PTY LTD.

(d) Delivery Services Disclaimer
You acknowledge that Hedger Enterprises PTY LTD does not provide the Delivery Services directly. As such, Hedger Enterprises PTY LTD will not be liable for:

  • Any special, indirect, or consequential loss or damage;
  • Loss of profit or opportunity;
  • Damage to goodwill arising out of or in connection with the Delivery Services.

13. Termination of Contract

(a) Continuity of Terms
These Terms will remain in effect until terminated by either you or Hedger Enterprises PTY LTD as outlined below.

(b) Termination by You
You may terminate these Terms by:

  1. Notifying Hedger Enterprises PTY LTD at any time; and
  2. Closing your accounts for all Purchase Services that you use, where such an option has been made available to you by Hedger Enterprises PTY LTD.

(c) Notification Process
Your notice of termination should be sent in writing to Hedger Enterprises PTY LTD via the "Contact Us" link provided on the Website's homepage.

(d) Termination by Hedger Enterprises PTY LTD
Hedger Enterprises PTY LTD reserves the right to terminate these Terms with you at any time if:

  1. You have breached any provision of these Terms or show an intent to breach them;
  2. Hedger Enterprises PTY LTD is required to terminate the Terms by law;
  3. A partner with whom Hedger Enterprises PTY LTD offers the Purchase Services has terminated its relationship with Hedger Enterprises PTY LTD or has ceased offering the Purchase Services to you;
  4. Hedger Enterprises PTY LTD decides to discontinue providing the Purchase Services in the country in which you reside or from which you access the service; or
  5. The provision of the Purchase Services to you is no longer commercially viable, in the opinion of Hedger Enterprises PTY LTD.

(e) Suspension or Cancellation of Membership
Subject to applicable laws, Hedger Enterprises PTY LTD reserves the right to suspend or cancel your membership to the Website and deny access to all or any part of the Website or Purchase Services without notice if:

  1. You breach any provision of these Terms or any applicable law; or
  2. Your conduct negatively impacts Hedger Enterprises PTY LTD’s name, reputation, or the rights of another party.

(f) Survival of Rights and Obligations
When these Terms come to an end, any rights, obligations, or liabilities that you and Hedger Enterprises PTY LTD have accrued over time or which are explicitly stated to survive termination will remain in effect indefinitely.

14. Indemnity

(a) You agree to indemnify Hedger Enterprises PTY LTD, along with its affiliates, employees, agents, contributors, third-party content providers, and licensors, against all claims, liabilities, losses, and expenses, including legal fees on a full indemnity basis, arising from or in connection with:

  1. Any actions, suits, claims, demands, costs, or damages incurred as a result of any content you post, upload, or transmit through the Website;
  2. Any direct or indirect consequences of your access, use, or transactions conducted on the Website, or any attempts to do so, including breaches by you or your agents of these Terms; and
  3. Any breach of these Terms by you.

15. Dispute Resolution

(a) Compulsory
If a dispute arises out of or relates to these Terms (a "Dispute"), neither party may initiate Tribunal or Court proceedings in relation to the Dispute unless the procedures outlined below have been followed, except in cases where urgent interlocutory relief is required.

(b) Notice
The party raising the Dispute must provide written notice to the other party (the "Notice") detailing:

  1. The nature of the Dispute;
  2. The desired outcome; and
  3. The action required to resolve the Dispute.

(c) Resolution Process
Upon receiving the Notice, both parties (the "Parties") must:

  1. Good Faith Negotiations: Within 14 days of the Notice, attempt in good faith to resolve the Dispute through negotiation or other mutually agreed means.
  2. Mediation: If the Dispute remains unresolved after 14 days:
    • The Parties must either agree on a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or their nominee.
    • The Parties are equally responsible for the mediator's fees, venue costs, and any amounts requested by the mediator as a precondition for commencing mediation.
    • Each Party will bear its own costs associated with the mediation.

(d) Location of Mediation
All mediation proceedings will take place in Brisbane, Australia.

(e) Confidentiality
All communications, negotiations, and documents exchanged during the Dispute resolution process are to be treated as confidential and, where possible, as "without prejudice" negotiations under the applicable laws of evidence.

(f) Termination of Mediation
If 14 days have elapsed from the commencement of mediation and the Dispute remains unresolved, either Party may request the mediator to terminate the mediation, and the mediator must do so.

16. Venue and Jurisdiction

(a) The Purchase Services provided by Hedger Enterprises PTY LTD are intended for access and use by residents of Australia.

(b) In the event of a dispute arising out of or in connection with the Website or these Terms, you agree that the exclusive venue for resolving such disputes shall be the courts located in Queensland, Australia.

17. Governing Law

(a) These Terms are governed by the consumer laws of Australia.

(b) Any dispute, controversy, proceeding, or claim arising out of or in connection with these Terms, or the rights and obligations created by them, shall be governed, interpreted, and construed in accordance with the laws of Australia, without regard to conflict of law principles, except where mandatory rules apply.

(c) The validity of this governing law clause is not contested, and these Terms shall be binding on and enforceable by the parties, including their successors and assigns.

18. Independent Legal Advice

(a) Both parties acknowledge and confirm that the provisions of these Terms are fair and reasonable.

(b) Each party affirms that they have had the opportunity to obtain independent legal advice regarding these Terms and that the Terms are not contrary to public policy based on:

  1. Inequality or imbalance of bargaining power; or
  2. General principles of restraint of trade.

19. Severance

(a) If any provision of these Terms is deemed invalid, void, or unenforceable by a court of competent jurisdiction, that specific provision will be severed from the Terms.

(b) The remainder of the Terms will continue to be valid and enforceable to the fullest extent permitted by law.

20. Safety and Proper Usage

Hedger Enterprises PTY LTD is dedicated to providing high-quality products. However, the company cannot be held liable for any damages, injuries, or losses resulting from improper use of the products. Customers are required to:

  1. Follow Manufacturer’s Instructions
    Assemble, install, and use all products strictly in accordance with the manufacturer’s instructions and guidelines.

  2. Avoid Modifications
    Refrain from modifying, altering, or tampering with the product in any way.

  3. Handle Products Appropriately
    Ensure proper handling, storage, and maintenance to preserve product integrity and safety.

  4. Supervise Usage
    Exercise supervision when the product is used by children or individuals who may not fully understand the safety guidelines associated with the product.

Failure to adhere to these guidelines may void any applicable warranties and release Hedger Enterprises PTY LTD from liability for damages, injuries, or losses incurred as a result of improper use.