Website Terms of Use

Welcome to Bon Appetit. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

Inventory

We maintain & update our website on a regular basis; however due to our website not being our sole sales avenue we cannot always guarantee that items displayed on our website will be available at time of processing your order. In fairness to all clients, orders received via the website, email, telephone, facsimile or our showroom are processed in sequence of receipt. If the occasion arises that a particular item you have ordered is not available when we receive & process your order one of our friendly sales staff will be in touch with you expeditiously.

 

Images

BON APPETIT PTY LTD product images have been taken using a digital camera and are the best representatives that we have available. Colours may vary slightly due to these being digital and or scanned images.

 

Pricing

All prices listed on our website include GST unless stated otherwise. GST will be separated on invoice. BON APPETIT PTY LTD prices are subject to change at our discretion. However, we will endeavor to maintain the prices, as listed on our website while listed inventory is available. In the event of a sale, sale prices only apply within the stated dates. There will be no rain checks. Special limited offers are strictly for one purchase only & within the sale/special dates.

 

Payment

Unless a Credit Application form is completed, returned & approved BON APPETIT PTY LTD purchases terms are strictly on Payment Prior to Dispatch & or Payment Prior to Pick-Up. Funds must be Cleared Prior to Dispatch or Pick-Up of Goods. Payments can be made by direct deposit or PayPal.

 

Delivery & Supply

Any times quoted for delivery and/or supply are estimates only and BON APPETIT PTY LTD. shall not be liable for failure to delivery/supply, or for the delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for goods, by reason of any delay in delivery/supply or dispatch. BON APPETIT PTY LTD. reserves the right to stop supply at any time if the Customer fails to comply with the Terms.

 

Property

Until full payment has been made for all goods supplied by BON APPETIT PTY LTD. under these Terms ("Goods"), and any other sums in any way outstanding from the Customer to BON APPETIT PTY LTD from time to time. All sums outstanding become immediately due and payable by the Customer to BON APPETIT PTY LTD. if the Customer makes default in paying any other sums due to BON APPETIT PTY LTD., becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors has judgment entered against it in any court, or, being a company, has a provisional liquidator, liquidator, receiver, receiver manager or administrator appointed, notwithstanding the provisions of any other clause in these Terms. The property in the Goods shall not pass to the Customer and the Customer shall hold the Goods as Bailee for BON APPETIT PTY LTD. (returning the same to BON APPETIT PTY LTD. on request). The Goods shall nevertheless be at the risk of the Customer from the time to time delivery/supply and the Customer must insure the Goods from the time of delivery/supply. The Customer is only authorised to sell the Goods (or any portion of them) to third parties as the fiduciary agent of BON APPETIT PTY LTD. provided that there shall be no right to bind BON APPETIT PTY LTD. to any liability to such third party by contract or otherwise. All payments (direct or indirect) received from such third parties by the Customer for the Goods (or any portion of them) shall be held on trust for BON APPETIT PTY LTD pursuant to the fiduciary relationship. In the event that the Customer incorporated or transforms the Goods (or any portion of them) into any other goods or products produced by the Customer (or a third party), then the Customer must hold a proportion of any payment ("relevant proportion") received by the Customer for such goods or products on trust BON APPETIT PTY LTD. The Customer expressly acknowledges that the relevant proportion shall be equal to the dollar value the portion of the Goods incorporated or transformed and the Customer further acknowledges that any part payment (not exceeding the relevant proportion) received by the Customer for such goods or products is received as payment first of the relevant proportion. BON APPETIT PTY LTD. is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.

 

Cancellation and Claims

No cancellation or partial cancellation of any order by the Customer shall be accepted by BON APPETIT PTY LTD. unless it has first consented in writing to such cancellation or partial cancellation and unless a cancellation charge has been paid which, as determined by BON APPETIT PTY LTD. will indemnify BON APPETIT PTY LTD td. against all loss, without limitation. Cancellation will not be accepted on goods that are not regular stock which are in the process of manufacture or ready for shipment. All complaints, claims, or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer's purchase order or instructions must be submitted by the Customer to BON APPETIT PTY LTD. in writing within seven (7) business days of the date of the invoice rendered for the supply of the Goods. Otherwise, the Customer shall be deemed to have accepted the Goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer's purchase order or instructions.

 

Privacy Act 1988 ("Privacy Act")

To enable BON APPETIT PTY LTD. to access the Customer's Application for credit, the Customer authorises BON APPETIT PTY LTD. to obtain from a credit reporting agency a credit report containing personal information about the Customer and its Guarantors pursuant to Section 18K(1)(b) of the Privacy Act; and to obtain a report from a credit reporting agency and other information n relation to the Customer's commercial credit activities. AND in accordance with Section 18N(1)(b) of the Privacy Act the Customer authorises BON APPETIT PTY LTD. to give to and obtain from any credit provider named in a credit report issued by a credit reporting agency information about the Customer's credit arrangements, the Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act. The Customer understands the information can be used for the purposes of assessing its application for credit (Section 18L(4) Privacy Act), assisting it to avoid defaulting on its credit obligations, notifying other credit providers of a default by it and assessing its credit worthiness.

 

Notification

The Customer must notify BON APPETIT PTY LTD. in writing within seven (7) days of: any alteration of the name or ownership of the Customer; the issue of any legal proceedings against the Customer; the appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Customer; any change in the ownership of the business name of the Customer. The Customer agrees that it shall be liable to BON APPETIT PTY LTD. for all Goods supplied to the new owner by BON APPETIT PTY LTD. until notice of any such change is received.

 

Warranties

No warranties except those implied and which cannot be excluded by law are given by BON APPETIT PTY LTD. in respect of goods or services supplied. Where goods have been sold at significantly under normal pricing as job lots or as specials the Customer hereby confirms that they have purchased such goods with full knowledge that there are no warranties and that the goods may not be fit for the purpose or of merchantable quality. The Customer has undertaken its own tests of said goods and accepts said Goods in their current state and will make no claim against BON APPETIT PTY LTD. in respect of the supply of said goods. Where it is lawful to do so, the liability of BON APPETIT PTY LTD. for a breach of a condition of warranty is limited to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, the supplying of the services again or the payment of the cost of having the services supplied again, as determined by BON APPETIT PTY LTD.

 

Legal Construction

These Terms shall be governed by and interpreted according to the laws of Victoria and BON APPETIT PTY LTD. and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms shall continue in full force and effect.