Terms of service
BESS AIR TERMS OF SERVICE
These Terms of Service apply to your use of the BESS Air website and online store, including all products, information, content, tools, features and services made available through our website.
In these Terms, “BESS Air”, “we”, “us” and “our” refers to BESS Air, operated by Bailey Electrical & Security Services / EB Electrical Services Pty Ltd [confirm legal entity]. “You” and “your” refers to the customer, visitor or user of our website.
By accessing our website, browsing our store, placing an order or using our services, you agree to be bound by these Terms, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced on our website.
If you do not agree with these Terms, you should not use our website or purchase from our store.
1. WHO WE ARE
BESS Air is a Perth-based air conditioning store offering split system air conditioners, related products, delivery options and professional installation services where available.
Our website is powered by Shopify. Shopify provides the ecommerce platform that allows us to sell our products and services online, however any sale made through our store is made directly between you and BESS Air.
Business details:
Trading name: BESS Air
Legal entity: BESS Air PTY LTD
ABN/ACN: 45 688 796 563 / 688 796 563
Email: admin@bessair.com.au
Phone: 0409 549 041
Business address: 12 O'Neill Place, Bedfordale WA 6112
2. ELIGIBILITY AND ACCOUNT INFORMATION
By using our website or placing an order, you confirm that you are at least the age of majority in your state or territory of residence, or that you are using the website with the consent of a parent or guardian.
You agree to provide accurate, current and complete information when placing an order, creating an account, requesting a quote or contacting us.
You are responsible for keeping your account login details secure and for all activity that occurs under your account.
3. PRODUCT INFORMATION
We make every effort to display our products, descriptions, specifications, images, prices and availability accurately. However, minor differences may occur, including differences in colour, appearance, dimensions or product packaging.
Product images are for general illustration purposes only. Actual product appearance may vary depending on the model, manufacturer updates, screen settings and product availability.
Product descriptions, specifications, pricing and availability may change without notice.
We reserve the right to:
- update or correct product information at any time;
- discontinue any product;
- limit product quantities;
- refuse or cancel orders where information has been listed incorrectly; and
- substitute or recommend suitable alternatives where a product is unavailable.
4. AIR CONDITIONER SIZING AND PRODUCT SELECTION
Information on our website, including buying guides, sizing guides and product recommendations, is general information only.
Air conditioner sizing depends on factors including room size, ceiling height, insulation, windows, sun exposure, home layout, occupancy, electrical supply and installation conditions.
While we aim to provide helpful guidance, it is your responsibility to ensure the product you purchase is suitable for your property and intended use.
Where you are unsure, we recommend contacting us before purchase or requesting a site inspection/custom quote.
5. ORDERS AND ACCEPTANCE
When you place an order through our website, you are making an offer to purchase the selected products and/or services.
Your order is not accepted until we confirm acceptance and process your payment. We may accept, decline, cancel or amend an order at our discretion, including where:
- a product is unavailable;
- pricing or product information is incorrect;
- payment cannot be processed;
- delivery is unavailable to your area;
- installation requirements are not suitable;
- we reasonably suspect fraudulent, unsafe or unlawful activity.
If we cancel or amend an order after payment has been made, we will contact you using the details provided and arrange a refund or alternative option where applicable.
6. PRICING, GST AND PAYMENT
All prices are displayed in Australian dollars unless otherwise stated. Unless otherwise stated, prices are inclusive of GST.
Prices may change without notice. The price payable is the price shown at the time your order is placed, subject to correction of any obvious error.
You agree to provide accurate payment and billing details. By submitting payment information, you confirm that you are authorised to use the selected payment method.
7. DELIVERY
Delivery options, timeframes, costs and service areas are set out on our website and/or during checkout.
Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays caused by couriers, suppliers, weather, traffic, access issues, stock delays, incorrect delivery information or events outside our reasonable control.
You are responsible for providing accurate delivery details and ensuring safe access for delivery.
Risk in the goods passes to you once the goods are delivered to the address provided, collected by you, or transferred to a carrier for delivery, as applicable.
8. INSTALLATION SERVICES
Where installation is offered, installation may be provided by BESS Air, Bailey Electrical & Security Services, licensed electricians, refrigeration technicians or approved contractors.
Standard installation inclusions and exclusions will be stated on our website, quote, invoice or product page.
Standard installation generally assumes a straightforward installation. Additional charges may apply for non-standard works, including but not limited to:
- multi-storey installations;
- long pipe runs or cable runs;
- difficult roof, ceiling, wall or subfloor access;
- switchboard upgrades or electrical rectification;
- concrete cutting, trenching, wall chasing or core drilling;
- custom brackets or structural supports;
- relocation of existing services;
- removal/disposal of existing units unless included;
- asbestos-related works;
- building, patching, painting or plastering repairs; and
- any unforeseen site conditions.
If additional work is required, we will advise you where reasonably practicable and may provide a variation or revised quote before proceeding.
9. SITE ACCESS AND CUSTOMER RESPONSIBILITIES
You must ensure that:
- safe and reasonable access is available to the property;
- the installation area is clear of furniture, personal items, pets and hazards;
- an authorised adult is present where required;
- strata, landlord, council or building approvals have been obtained where required;
- all information provided to us is accurate; and
- any known site issues are disclosed before installation.
We may refuse, delay or reschedule installation if the site is unsafe, inaccessible, unsuitable, or materially different from the information provided.
Additional charges may apply for wasted attendance, delays, rescheduling or additional works required due to site conditions or incorrect information.
10. CANCELLATIONS, CHANGES AND RETURNS
Cancellations, returns and refunds are handled in accordance with our Refund Policy and your rights under the Australian Consumer Law.
Please review your order carefully before submitting it. Once an order has been accepted, dispatched, ordered from a supplier or installation has been scheduled, we may not be able to cancel or change it without costs being incurred.
Special order items, installed products, opened products, used products or products damaged after delivery may not be eligible for return unless required by law.
11. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot be excluded.
Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement, repair, refund or other remedy where required by law.
12. WARRANTIES
Manufacturer warranties apply to eligible products in accordance with the manufacturer’s warranty terms.
Installation workmanship warranties, if applicable, will be stated on your quote, invoice or warranty documentation.
Warranty claims may be subject to inspection and may not apply where faults or damage arise from misuse, neglect, accidental damage, incorrect operation, lack of maintenance, power issues, unauthorised repairs, pest/vermin damage, storm damage, work performed by others or circumstances outside our control.
13. INFORMATION ON OUR WEBSITE
The information on our website, including guides, blogs, product recommendations and installation information, is general information only and does not replace site-specific advice.
We make reasonable efforts to keep information accurate and current, but we do not guarantee that all information will be complete, current or free from errors.
14. THIRD-PARTY LINKS AND TOOLS
Our website may contain links to third-party websites, tools, apps, payment providers, finance providers, manufacturers or other services.
We are not responsible for third-party websites, policies, content, availability, pricing, representations or services. Your use of third-party services is at your own risk and may be governed by the third party’s own terms and policies.
15. SHOPIFY
Our store is powered by Shopify. Shopify provides the ecommerce platform that enables us to sell products and services to you online.
Any sale or purchase made through our store is made directly with BESS Air, not Shopify.
By using our website, you acknowledge that Shopify is not responsible for the products, services, installation, delivery, warranties, claims, losses or disputes arising from your purchase from BESS Air, except to the extent required by law.
16. INTELLECTUAL PROPERTY
All content on our website, including text, images, graphics, logos, branding, product descriptions, design, layout, guides and other materials, is owned by or licensed to BESS Air unless otherwise stated.
You must not copy, reproduce, distribute, modify, publish, sell, exploit or use any website content without our prior written consent, except as permitted by law.
17. CUSTOMER REVIEWS, FEEDBACK AND USER CONTENT
If you submit reviews, testimonials, photos, feedback, suggestions or other content to us, you grant us permission to use, reproduce, publish, edit and display that content for business, marketing, website and promotional purposes, unless you tell us otherwise in writing.
You must ensure that any content you provide is accurate, lawful and does not infringe the rights of any third party.
18. PROHIBITED USE
You must not use our website or services for unlawful, fraudulent, misleading, abusive, harmful, infringing or malicious purposes, or to interfere with website security or functionality.
We may suspend or terminate access to our website or services where we reasonably believe these Terms have been breached.
19. ERRORS, INACCURACIES AND OMISSIONS
Occasionally our website may contain errors, inaccuracies or omissions relating to products, pricing, promotions, availability, shipping, installation, specifications or other information.
We reserve the right to correct errors, update information, cancel orders or amend details at any time without prior notice, including after an order has been submitted, subject to applicable law.
20. LIMITATION OF LIABILITY
To the maximum extent permitted by law, BESS Air is not liable for any indirect, incidental, special, consequential or economic loss, including loss of profit, loss of revenue, loss of savings, loss of data or business interruption arising from your use of our website, products or services.
Nothing in these Terms limits liability that cannot be excluded under Australian law.
21. INDEMNITY
You agree to indemnify BESS Air, its directors, employees, contractors, suppliers, service providers and affiliates from and against claims, losses, damages, liabilities and expenses arising from your breach of these Terms, misuse of our website or services, violation of law, inaccurate information or infringement of third-party rights.
22. TERMINATION
We may suspend or terminate your access to our website or services at any time if we reasonably believe you have breached these Terms or engaged in unlawful, unsafe, abusive or fraudulent conduct.
23. PRIVACY
Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, store and disclose personal information.
Because our website is hosted by Shopify, Shopify may also collect and process personal information in accordance with its own privacy practices.
24. CHANGES TO THESE TERMS
We may update these Terms from time to time by posting the updated version on our website.
The updated Terms will apply from the date they are posted, unless otherwise stated. Your continued use of our website or services after changes are posted means you accept the updated Terms.
25. GOVERNING LAW
These Terms are governed by the laws of Western Australia, Australia.
You and BESS Air submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.
26. CONTACT US
Questions about these Terms should be sent to:
BESS Air
Trading name: BESS Air
Legal entity: BESS Air PTY LTD
ABN/ACN: 45 688 796 563 / 688 796 563
Email: admin@bessair.com.au
Phone: 0409 549 041
Business address: 12 O'Neill Place, Bedfordale WA 6112