Disclosure Notice

The terms summarised below may substantially prejudice the interests of the Customer and BSH wishes to draw the attention of the Buyer to these terms.

  • Clause 6 provides that a change fee applies where the Customer request any changes to delivery eg. change of address or time.
  • Clause 8 incorporates the Returns, Exchanges and Cancellations Conditions into this agreement which includes the following clauses:
    • Clause 13.1 provides that the Customer may return products for a reason not related to their Consumer Rights (or for no reason), only with BSH's prior approval and subject to specific conditions, and BSH may impose a cancellation fee.
    • Clause 13.1(d) imposes a restocking fee on any return by the Customer for a reason not related to their Consumer Rights (or for no reason).
  • Clause 10(c) provides that BSH will not be liable for certain losses that do not arise naturally from BSH's breach of the Agreement (eg. indirect losses, loss of profit or goodwill):
  • Clause 10(d) (and clause 8.2 of the Returns Conditions) allows BSH to limit its liability to the Customer in limited circumstances.

BOSCH HOME APPLIANCES ONLINE SHOP CONDITIONS

A. About BSH

We are BSH Home Appliances Pty Ltd (ACN 109 198 405) (ABN 22 109 198 405) of 1555 Centre Road, Clayton, Victoria, 3168 (BSH) and we operate the Bosch Home Appliances Online Shop located at www.bosch-home.com.au .

B. Customers within Australia only

Please note, BSH does not accept orders from, or deliver to addresses, outside Australia.

C. Customer Status

By placing an order on the Bosch Home Appliances Online Shop the Customer warrants that s/he is:

(a) legally capable of entering into binding contracts;

(b) at least 18 years of age; and

(c) ordering from within Australia for delivery to an Australian address.

1. Definition and Interpretation

In these Conditions the following definitions apply unless the context requires otherwise.


Agreement means the legally binding contract between BSH and the Customer for the purchase of the Products on the terms and conditions set out in these Conditions, the Bosch Home Appliances Online Shop - Returns, Exchanges and Cancelations Conditions, the Customer Order and Sales Invoice.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time.

Bosch Home Appliances Online Shop - Returns, Exchanges and Cancelations Conditions located at www.bosch-home.com.au.

BSH Home Appliances Group means BSH Hausgeräte GmbH and its Related Bodies Corporate and Subsidiaries.

BSH Manufacturer's Warranty means the warranty provided by BSH for the Product as specified in the warranty card applicable to, or accompanying, the Product and does not refer to any of the Consumer Guarantees.

Business Hours means 8am to 5pm on a weekday, excluding public holidays, in the State or Territory in which the Product is being delivered.

Change Fee has the meaning given in clause 6(a)(1).

Conditions means these Conditions.

Consumer Guarantees means the consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law.

Consumer Right means a right that a Customer has under the Australian Consumer Law or under the BSH Manufacturer's Warranty, in relation to the Product.

Customer means the purchaser of the Product who is named on the Customer Order.

Customer Order means the form that sets out the details of the Products ordered by, or on behalf of, the Customer, Price of the Products, delivery costs (i.e. including for Standard Delivery, a Non-standard Delivery or re-delivery), Delivery Address and other information.

Delivery Address means the delivery address specified in the Customer Order.

Delivery Area means the areas that BSH provides Metro Delivery and Regional Delivery.

Delivery Date has the meaning given in clause 6(a).

Existing Appliance Removal Fee means for MDAs only, the fee chargeable by BSH to remove the Customer’s existing MDA as determined by BSH from time to time the details of which are available when ordering the Products or on request from BSH.

MDAs means major domestic appliances including refrigerators, ovens, dishwashers, cooktops, rangehoods, washing machines and dryers, and any others as determined by BSH from time to time, but excludes SDAs, Parts and Accessories.

Metro Delivery means the metropolitan areas of capital cities in Australian States and Territories as determined by BSH from time to time the details of which are available when ordering the Products or on request from BSH.

Non-excludable Rights has the meaning given in clause 10(a).

Non-standard Delivery means a delivery of the Product that requires more than two people to make the delivery, split deliveries (at the Customer’s election), deliveries that require cranes or other specialised lifting or moving equipment, deliveries that include difficult access points or staircases (e.g. remote sites or outhouses, narrow, spiral, bends or a number of flights due to no elevator being in place or available), deliveries outside Business Hours or the Delivery Area or deliveries that require a second site visit to the Delivery Address for any reason not caused by BSH.

Order means a Customer Order that has been accepted by BSH.

Parts and Accessories means parts and accessories for MDAs and SDAs.

Payment has the meaning given in clause 5(a).

Price has the meaning given in clause 3(a).

Product(s) means the relevant MDAs, SDAs and/or Parts and Accessories described in the Customer Order, as amended in accordance with these Conditions.

PPSA means the Personal Property Securities Act 2009 (Cth).

Regional Delivery means the regional areas in Australian States and Territories as determined by BSH from time to time the details of which are available when ordering the Products or on request from BSH.

Related Bodies Corporate and Subsidiaries have the same meaning as in the Corporations Act 2001 (Cth).

Sales Invoice means a tax invoice issued by BSH to the Customer after BSH processes Payment of the Price for the Products as proof of purchase of the Products.

SDAs means small domestic appliances including vacuum cleaners and any others as determined by BSH from time to time, but excludes MDAs, Parts and Accessories.

Standard Delivery means any delivery other than a Non-standard Delivery.

2. Agreement - Amendment - No Representation

(a) The Agreement is formed between BSH and the Customer for the purchase of Products if and when BSH accepts the Customer Order in writing or when BSH processes Payment of the Price for the Products and issues a Sales Invoice to the Customer in respect of that Customer Order.

(b) The Agreement can only be amended, altered or waived by prior written agreement between BSH and the Customer.

3. Price and Ineligibility for BSH Promotions

(a) The total price payable by the Customer will be the amount(s) specified in the Customer Order, payable in $AU, includes GST plus any other amounts due to BSH under the Conditions (including any late payment charges, storage charges and additional delivery charges) (Price).

(b) Unless otherwise stated by BSH in writing, the Price quoted in a Customer Order or set out in a Sales Invoice excludes, where applicable, charges payable to BSH under these Conditions (including for Standard Delivery, a Non-standard Delivery or re-delivery) or costs incurred by the Customer in relation to the Product such as installation.

(c) Once the Customer has completed the Order from BSH, the Customer is ineligible to participate in any third-party promotion in relation to the same Order.

4. Existing Appliance Removal

BSH will remove the Customer’s existing MDA if the Customer requests BSH to do so by selecting this optional service when ordering the Products, which must include an MDA, subject to the following conditions:

(a) by selecting this optional service the Customer agrees to the Existing Appliance Removal Fee, which must be paid as part of the Price;

(b) the Customer’s existing MDA must be free-standing when collected by BSH i.e. removed from all fittings including water, electricity, waste removal, venting/exhaust and removed from cabinetry;

(c) the Customer’s existing MDA must still be together (i.e. not dismantled into parts) and must be safe to transport (i.e. free from any sharp or otherwise dangerous parts or protrusions); and

(d) upon collection by BSH the Customer acknowledges and agrees that it no longer owns the existing MDA, forfeits such ownership to BSH and no compensation (monetary or otherwise) will be provided for it.

5. Payment

(a) The Customer authorises BSH to charge the Customer's credit card the Price (Payment).

(b) Full Payment is required for all Customer Orders before BSH will deliver the Products.

(c) BSH accepts Payment by Visa and Mastercard and any other payment method accepted by BSH from time to time. Any payments made by credit card may incur a surcharge imposed by the relevant credit card provider.

(d) Customers are required to retain proof of purchase and payment to facilitate transactions, claims and after sales support.

(e) In consideration for the payment of the Price for the Products, BSH agrees to use its best endeavours to supply the Products. To the extent permitted by the Australian Consumer Law, BSH does not guarantee availability of the Products if an event occurs beyond BSH's reasonable control.

6. Delivery – Change Fee

(a) On acceptance of a Customer Order, BSH will notify the Customer of an estimated date of delivery and of any variations from that date (Delivery Date). If the Customer requests any changes e.g. delivery address, delivery date once the Customer Order is booked for delivery by BSH then:

(1) in the case of MDAs and SDAs

BSH will be required to cancel the original order, re-assign stock internally and create a new delivery booking. For that reason, BSH will only permit such changes if the Customer pays a Change Fee of:

- MDAs: $120 each Order; and

- SDAs: $50 each Order,

(2) in the case of Parts and Accessories

BSH is only able to make such changes if the Customer Order has not been picked yet.

(b) The Customer must accept delivery on the Delivery Date during Business Hours or on any other date and time agreed by the parties in writing.

(c) Any Delivery Date confirmed by BSH is an estimate only. If BSH is unable to deliver the Products on the Delivery Date BSH will use its best endeavours to do so within a reasonable time after the Delivery Date. The Customer may terminate this Agreement if BSH fails to deliver the Products within a reasonable time after the Delivery Date by providing 7 day’s written notice to BSH.

(d) To the extent permitted by the Australian Consumer Law, BSH will not be liable for any loss suffered by the Customer arising out of any delay or failure to deliver the Products (or any part of them) on the Delivery Date, provided that BSH delivers the Products within a reasonable time after the Delivery Date.

(e) BSH will not deliver part of an Order unless otherwise agreed by BSH, which may attract additional delivery fees.

(f) BSH will deliver the Products to the Delivery Address provided at all times that the Delivery Address is within the Delivery Area.

(g) Delivery will be deemed to be made when the Products are delivered to the Delivery Address.

(h) If the Products are superseded, discontinued and not available for delivery on the Delivery Date, BSH may, by providing notice to the Customer prior to the Delivery Date:

(1) offer the Customer a model of equivalent or superior standard, and specify any additional amount to be added to the Price for the model change; or

(2) if no equivalent model is available, may terminate

the Agreement with immediate effect and refund to the Customer all money paid towards the Price of the Product.

(i) If the Customer accepts BSH’s offer of the alternative model pursuant to clause 6(h)(1) the Price will be varied accordingly. If the Customer reject’s BSH’s offer then the Agreement is terminated immediately and all money paid by the Customer towards the Price of the Product will be refunded.

(j) Unless otherwise expressly agreed by BSH in writing a delivery will be presumed to be a Standard Delivery. If the Customer requires a Non-standard Delivery, the Customer must notify BSH as soon as possible prior to BSH’s dispatch of the Products. Fees and charges will be applicable for Standard and Non-standard Deliveries, details of which can be obtained prior to purchasing the Products (Note: at times only an estimate may be able to be provided prior to purchase) and will be provided by BSH and agreed with the Customer prior to dispatch of the Products.

(k) The Customer is required to have someone over the age of 18 years available to sign acknowledging receipt of the Products and they must be able provide identification if requested to do so.

(l) Prior to delivery of MDAs, the Customer must prepare for delivery by ensuring that there is clear access for the delivery vehicles, ensuring that there is clear access for the MDAs and any trolleys, covering floors that the Customer does not wish to get wet, soiled, scratched by boxes and/or trolley wheels, checking the width of doorways and walkways etc.

(m) Where the Customer is not present or ready to accept delivery of the Products at the nominated delivery time on the Delivery Date or the delivery is found to be a Non-standard Delivery or the delivery is redirected to another location after dispatch from the warehouse, BSH is entitled in its absolute discretion, where it is reasonable to do so, to not deliver the Products on the Delivery Date and charge the Customer a fee to have the Products re-delivered at a new delivery time/date, as a Non-standard Delivery or delivered to an alternate location, as arranged by BSH and the Customer. Any fee payable by the Customer under this clause 6(m) must be paid by the Customer prior to BSH effecting delivery of the Products at the new delivery time/date.

7. Obligation to Inspect

(a) The Customer must inspect all Products upon delivery.

(b) The Customer must notify BSH if the Products are not in accordance with the Customer Order or Sales Invoice as follows:

(1) for wrongly shipped (i.e. too many or few) – within 72 hours of delivery of the Product; and

(2) for damage – within 7 days of delivery of the Product.

Failing such notice, to the extent permitted by law, and subject to the Non-Excludable Rights, the Products will be deemed to have been accepted by the Customer in acceptable condition and in accordance with the Agreement.

8. Returns, Exchanges and Cancelations

For returns, exchanges and cancelations requests please see the Bosch Home Appliances Online Shop - Returns, Exchanges and Cancelations Conditions.

9. Title and Risk

(a) BSH will retain title and risk in the Products until the Products are delivered to the Delivery Address at which time title and risk passes to the Customer.

(b) Where the Customer is in possession of Products that will be replaced by BSH then the Customer must keep such Products in its possession, safe from damage and/or theft and must not dispose of or otherwise part with possession of such Products until collection by a BSH representative or agent within a reasonable time.

10. Indemnity and Exclusion of Liability

(a) The Customer has certain rights and remedies under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement (Non-Excludable Rights). Nothing in the Agreement operates to exclude, restrict or modify a Non-Excludable Right.

(b) Other than the Non-Excludable Rights, all other conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom, or the general law that impose any liability, or obligation on, BSH are expressly excluded from the Agreement.

(c) Subject to the Non-Excludable Rights, and to the extent permitted by law, BSH will have no liability to the Customer for any:

(1) special, indirect, consequential, exemplary or punitive loss or damage; and

(2) economic loss, loss of contract, profit, revenue, opportunity, production, production stoppage, goodwill, reputation, overhead costs, anticipated savings or data,

that cannot reasonably be considered to arise naturally from BSH's breach of this Agreement.

(d) To the extent permitted by law (including by the Australian Consumer Law) BSH's liability will be limited to:

(1) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; or

(2) in the case of Products, replacing the Products, supplying equivalent products or having the Products repaired, or payment of the cost of replacing the Products, supplying equivalent products or having the Products repaired,

where it is fair and reasonable to do so.

11. BSH Manufacturer's Warranty

(a) To make a claim under the BSH Manufacturer's Warranty in relation to a Product, the Customer is required to provide proof of purchase.

(b) The Products are supplied subject to the relevant Product’s specifications as specified in the accompanying or applicable manuals and are covered by the BSH Manufacturer’s Warranty, the details of which are specified in the accompanying or applicable warranty card.

(c) The BSH Manufacturer’s Warranty will only be provided to the Customer and not to any subsequent owners of the Products unless otherwise agreed by BSH prior.

(d) Unless otherwise agreed by BSH in writing the BSH Manufacturer’s Warranty will commence on the date that the Products are deemed to have been delivered by BSH to the Delivery Address.

(e) Any Products subject to accident, misuse, abuse, negligence, defacement of serial plate or alteration will have their BSH Manufacturer’s Warranty voided. If installation and/or servicing of Products are not carried out in accordance with the accompanying or applicable manuals, BSH’s Manufacturer’s Warranty will also be voided.

(f) The BSH Manufacturer’s Warranty covers use of the Products for domestic purposes only and use in any other way e.g. commercial use will limit the BSH Manufacturer’s Warranty as specified within the warranty.

(g) Subject to the Non-Excludable Rights, BSH will not be liable for any fault or damage to a Product that has made it of unacceptable quality if it has been caused by the Customer or any other user or the Customer failed to take reasonable steps to prevent the Product from becoming of unacceptable quality, or if the Product has been damaged by abnormal use.

(h) Where the Customer seeks inspection and/or servicing of Products where there is no legitimate claim under the BSH Manufacturer’s Warranty or a Consumer Guarantee then the Customer agrees to bear the costs of such servicing and/or inspection.

12. Default

(a) If a party defaults by non-performance of any obligation under the Agreement or if any proceedings under any bankruptcy, liquidation or insolvency laws are started by or against the party, the other party will have the right to exercise any one of the following remedies:

(1) terminate the Agreement in whole or in part; and/or

(2) pursue any other remedies under the Agreement or existing at law or in equity.

(b) In addition to any other payment obligations under the Agreement, the defaulting party agrees to pay all costs and expenses, including reasonable legal fees and costs incurred by the other party, in exercising any of their rights and remedies under clause 12(a) of the Agreement.

13. Governing Law

The Agreement is governed by the laws of the State of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

14. Force Majeure

BSH will use its best endeavours to affect delivery on the Delivery Date but if BSH fails to do so by reason of:

(a) inability to obtain supplies of materials or parts from approved sources;

(b) any strike, shortage of labour or lockout;

(c) war, riots, accident, civil commotion, fire, pandemic, act of God; or

(d) any other event whatsoever beyond the reasonable control of BSH,

Either party may, to the extent permitted under the Australian Consumer Law, cancel the Agreement or any unfulfilled part and refund or recover any money paid towards the Price to the Customer or to BSH (as the case may be), or extend the time for performance or completion by the time lost because of the event preventing or delaying delivery.

15. Waiver

A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy.

16. Entire Agreement

The Agreement, and any confirmations in writing expressly permitted by this Agreement, constitute the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

17. Severability

Part or all of any provision of these Conditions that is illegal or unenforceable may be severed from these Conditions and the remaining provisions will continue in force.

18. Survival

Any term that by its nature is intended to survive termination of the Agreement survives termination of the Agreement.

19. Privacy

(a) BSH, a subsidiary of BSH Hausgeräte GmbH, will use the Customer’s personal information for customer service and administration, including warranty claims and to contact the Customer, for product development, surveys and direct marketing. BSH may need to disclose the Customer’s personal information to its Related Bodies Corporate and to third parties outside the BSH Home Appliances Group for these and other business purposes, including for warranty registration and claims such as to agents, contractors and service providers (e.g. mailing houses). Some of them are located overseas. BSH will not otherwise disclose the Customer’s personal information unless the Customer has consented or BSH is otherwise required or authorised by or under an Australian law or a court/tribunal order to do so.

(b) If the Customer does not provide BSH with all the personal information reasonably requested, BSH may not be able to provide the Customer with customer and administration support or services, including in relation to any warranty claim the Customer may have.

(c) If the Customer consents to receive direct marketing communication, BSH may direct market to the Customer via email, SMS, mail or telephone. If the Customer does not wish to receive direct marketing communications from BSH in the future the Customer may opt-out at any time by (in the case of electronic communications) clicking the “unsubscribe” button, or contacting BSH at bshau-disec@bshg.com , telephoning 03 8551 1100, or by writing to BSH at 1555 Centre Road, Clayton, Victoria, Australia 3168 to the attention of the Privacy Officer.

(d) For more information about how BSH handles personal information, how to access and correct it, how to make a complaint and how BSH handles complaints, see BSH’s privacy policy located www.bosch-home.com.au/ or request a copy by calling 1300 368 339.

(e)

To request access to, correction or updating of personal information please contact BSH at bshaudisec@bshg.com or telephone 03 8551 1100.

Effective: 20 March 2023