Consumer Terms and Conditions

1.    Who we are and how to contact us

b2care is a website operated by the Company.

To contact us, please email: info@b2care.com.au . If you are contacting us in relation to an order, please quote the order number to avoid delays.

Basically:

Contact us at: info@b2care.com.au

2.    Definitions

Authorised User means any individual(s) you authorise to access and administer your account on your behalf.

Business Day means a day other than a Saturday, Sunday or public holiday in NSW.

Company means B2Buy Pty Ltd (ACN 636 191 485) (we, us and our).

Consumer means an individual who has been approved by us to purchase products from Suppliers via the Site. . A Consumer may also be referred to as you or your.

Consumer Information means information provided by you under clauses 6, 7 and 8 .

Consumer Payment Terms has the meaning given in clause 7 .

Fees means the fees payable for the purchase of products.

Payment Provider means a third-party payment provider with whom we have an embedded credit card and/or other payment arrangements, that provides electronic payment services to us, including processing your payment in a Transaction.

Privacy Laws means and Commonwealth or State legislation which deals with personal information and includes the Privacy Act 1988 (Cth), and the Australian Privacy Principles made under that Act.

Reseller Transaction means the purchase of products by our Consumers from us as reseller or agent for the Supplier.

Site means b2buy.online.

Supplier means a supplier whose products are available for purchase on the Site.

Supplier Transaction means the purchase of products by our Consumers directly from our Suppliers.

Terms means these terms and conditions as amended from time to time.

Transaction means either a Supplier Transaction or Reseller Transaction, or both, as the context requires.

Wholesaler means a distributor of products that uses the Company to resell those products via the Site.

Basically:

We use various expressions in these Terms. This section is to give you an understanding of what those expressions mean.

Always refer to this section if you are unsure on what an expression means.

3.    Purpose of Terms

Our Terms apply to any orders made by you though the Site. By placing an order, you are deemed to have accepted our Terms.

By agreeing to our Terms, you submit that:

1.     you have read, understand and agree to be bound by our Terms;

2.     you are of legal age to form a binding contract with us;

3.     you have the authority to enter into our Terms personally; and

4.     if you are using the Services on behalf of a company or other entity,

a.     you agree that “you” includes you and that entity,

b.     you are an authorised representative of the entity with the authority to bind the entity to our Terms, and

c.      you agree to our Terms on the entity’s behalf,

You should not access or use the Services unless you agree to be bound by all of these Terms.

These Terms contain the entire agreement between you and us in relation to its subject matter and supersede and will prevail over any other document, agreement, representation, tender, quote, conditions of contract, your standard terms (including those attached to any purchase order), offer or request between you and us. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not expressly set out in these Terms.

These Terms will prevail over all other conditions of the Transaction to the extent of any inconsistency. Any ambiguities in the interpretation of these Terms shall not be construed against us and no rule of construction applies against us merely on the basis that we prepared or completed these Terms or would otherwise benefit from it.

There are also certain other policies and terms which apply to you, including our website terms of use, which can be found via the Site homepage .

Basically:

These Terms apply to your purchases. They supersede any other agreement between us and prevail over other conditions where there is an inconsistency.

Please be aware that we have other policies and terms and conditions that may apply to you.

4.    Our role – marketplace operator

We primarily operate an e-commerce marketplace that facilitates the purchase of products by Consumers from our Suppliers.

We are not and do not purport to be a Supplier, guarantor, or otherwise a contractual party to a Supplier Transaction. We are in no way responsible for completion of the Supplier’s obligations under a Supplier Transaction. By transacting with the Supplier you assume all legal and transaction risk in dealing with the Supplier.

Our involvement in a Supplier Transaction is limited to the following capacity:

(a)   connecting you with the Supplier via our Site;

(b)   facilitating the Supplier Transaction by allowing the Supplier to sell and you to buy a product through the Site; and

(c)    arranging for our Payment Provider to collect Fees from you and remitting funds to us and to the Supplier.

Basically:

Mostly, our role will be to send orders from you to our Suppliers and arrange payment for the same.

5.    Our role – reseller

In some circumstances we will appear on the Site as a supplier. In these situations, we will be reselling products on behalf of a Wholesaler or Supplier.

In these situations, we are not and do not purport to be the manufacturer of products or a guarantor in respect to the same.

Our involvement in a Reseller Transaction is limited to the following capacity:

(a)   uploading product information to the Site;

(b)   facilitating the Reseller Transaction by processing orders you make and communicating the same to our Wholesalers, who will deliver the products directly to you;

(c)    arranging for our Payment Provider to collect Fees from you and remitting funds to us and the Wholesaler; and

(d)   dealing with complaints you have in respect to such products.

Basically:

Sometimes our role will be as a reseller of goods on behalf of Wholesalers or Suppliers. We will assist you to resolve complaints in these scenarios.

6.    Registration

To be eligible to purchase products through the Site, you must be an individual and register an account in accordance with this clause.

To register an account on the Site, you must provide (among other things):

(a)   personal details, including:

(i)     full name;

(ii)    address;

(iii)  date of birth; and

(iv)  contact details

(b)   any other information required to complete the registration process or any financial compliance requirements.

We reserve the right to decline your registration request if you do not comply with our registration requirements as detailed in these Terms and on the Site.

Upon completion of your registration, an account and Authorised User account(s) will be created.

The Authorised User(s) can then set up specific parameters for your account when using the Site.

Basically:

You may be required to provide certain information in order for us to establish your account. We will then be able to set up your Authorised User account/s.

7.    Payment options

Within your Consumer portal, you may be able to select from a number of options on what basis you want to pay, and the terms associated with the same (Consumer Payment Terms). To use some of these Consumer Payment Terms, you may be required to provide, or enter into, to our or our Payment Providers’ reasonable satisfaction, additional agreements, information or documents, including a credit application.

You agree to advise us of any information that may be detrimental to your credit worthiness promptly upon becoming aware of the same.

You may also be subject to a credit limit which will be reset when outstanding fees are paid in full. You will be able to view any such limit and how you are tracking against it on your Consumer portal.

We reserve the right to change, in our absolute discretion:

(a)            the Consumer Payment Terms that will be offered to you;

(b)            any Payment Provider or credit providers as we see fit; and

(c)             any credit limit terms that will apply to you, including suspending credit to you without notice.

We reserve the right to refuse to offer any Consumer Payment Terms in our absolute discretion.

Basically:

We may, in our absolute discretion, offer different ways for you to pay and different terms on which you can pay. Before we do this we would need extra information or documents from you.

Payment methods and terms are subject to change.

8.    User Accounts

An Authorised User may authorise the creation of other user accounts associated with your account.

We will require certain information from you in respect to those user accounts, including user name, role, email address, password, phone number and delivery address. These will be included in the user profile section of your account.

You agree to permit us to use your Consumer Information for the purpose of:

(a)            deciding or changing which Consumer Payment Terms we will provide to you;

(b)            deciding or changing any credit limit to apply to you;

(c)             processing or complying with orders; and

(d)            providing the functionality of the Site,

and any related purpose. You acknowledge that in order to do so, we may share the Consumer Information with other parties, including our Payment Providers, financiers and Suppliers, and you expressly consent to the same.

If you provide any personal information relating to third parties, you represent and warrant they have consented to such disclosure and agree to the use and disclosure of their personal information in accordance with our Privacy Policy.

You agree to provide current, complete and accurate contact, purchase and account information for all orders. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we, our Payment Providers, Suppliers and Wholesalers can complete your orders and contact you as needed.

You warrant that all Consumer Information provided by you is accurate and complete.

Failure to supply correct Consumer Information may result in us being unable to process or comply with orders, may limit your access to the Site and/or you incurring additional fees.

Basically:

Individual user accounts can be set up by Authorised Users.

Consumer Information will be used to decide which Consumer Payment Terms will be offered to you and to process orders. We may need to share Consumer Information. It will be dealt with in accordance with our Privacy Policy.

You will be responsible ensuring Consumer Information provided is correct.

9.    Privacy

Consumer Information you provide will be managed in accordance with our Privacy Policy. By providing any Consumer Information, you agree to its use and disclosure in accordance with our Privacy Policy, which you can find via the Site homepage.

By agreeing to our Terms, you agree that you have read and agreed to the terms of our Privacy Policy.

Any personal information we request, collect, store and manage will be in accordance with our Privacy Policy, and the Privacy Laws.

You can find a copy our Privacy Policy on our website.

Basically:

Any collection of private information will be collected, stored and managed in accordance with our Privacy Policy and the Privacy Laws.

10.  Authority & account security

By creating an account with us, you represent and warrant that

(a)            you agree to be bound by these terms; and

(b)            you have all requisite right, power and authority to enter into, perform your obligations under and grant the authorisations under these Terms.

You are responsible for:

(c)     maintaining the security of the passwords and account information associated with your account, Authorised User(s); and

(d)   all activities that occur under your account (including the payment of all Fees) and must ensure that you and any Authorised User(s) comply with these Terms.

We are not liable for any loss or damage from your failure to comply with this obligation or from any unauthorised, illegal or fraudulent use of your account.

If you believe an unauthorised person has access to your password, or account, , you must contact us immediately and change any compromised passwords.

We rely upon you to secure your email accounts, and any accounts that have the same email address as the account email address.

If we suspect the existence of a fraudulent account we reserve the right to:

(a)   investigate all accounts where we suspect incorrect or fraudulent activity occurred;

(b)   immediately suspend any account without prior notice to you; and

(c)    terminate your account and/or order following the investigation.

Basically:

You are responsible for your accounts.

You must report any unauthorised access or suspicious behaviour on your account to us immediately.

If we suspect fraud, we may terminate your account and/or orders.

11.  Products on our site

Products displayed on the Site are either listed for sale by the relevant Suppliers or by us as a reseller.

When you buy a product from a Supplier through the Site, you are entering into a legally binding agreement with the Supplier. We are not a party to this agreement and are not responsible for the performance of your or the Supplier’s obligations under these Terms.

When you buy a product from us as a reseller through the Site, you will be directed to separate legal terms.

You agree that:

(a)   while we endeavour to ensure the product advertised matches the product ultimately supplied, to the extent permitted by law, we will not be held responsible for inaccuracies or errors pertaining to products listed by us or by a Supplier;

(b)   in a Supplier Transaction, we are not acting as Supplier and accept no responsibilities placed on Suppliers under the law or otherwise;

(c)    in a Reseller Transaction, we are not acting as a manufacturer and accept no responsibilities placed on manufacturers under the law or otherwise;

(d)    you will make your own enquiries to assess the suitability of a product listed prior to entering into a Transaction;

(e)   we make no warranty or guarantee as to the quality or suitability of a product listed on the Site by us or by a Supplier; and

(f)    orders made through the Site are made only for business or commercial purposes, and not for personal, domestic or household use.

Products you purchase from the Site may be subject to additional terms and conditions and/or instructions of either the Supplier or manufacturer, which may be accessible via the Site, or provided with the products themselves upon delivery. You are responsible for obtaining and satisfying yourself with the same.

Any agreement you have with a Supplier does not form a part of any agreement we have with either you or our Supplier.

Basically:

When you order products via Suppliers on the Site, you are agreeing to buy products from the relevant Supplier.

When you order products through us on the Site, you are agreeing to buy products from us.

You are responsible for determining the suitability of products and obtaining and reviewing any applicable terms and conditions and/or instructions.

12.  Making Orders

Please follow the onscreen prompts to order products from us as a reseller or from our Suppliers. There may be minimum order quantities required for some products, which may change on the Site from time to time.

The payment amount will be set out in your shopping cart. Unless otherwise stated, delivery costs are included in this payment amount. Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of all GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 Cth)).

If an order exceeds any limits set by the Authorised User, additional internal Consumer approvals may be required.

Orders made by you constitute an offer by you to buy the products specified, for the prices shown, subject to these Terms and any other applicable terms.

Please check your order carefully before confirming it. You are responsible for ensuring that your order is complete and correct. All orders placed are final and you cannot change or cancel your order, unless such change or cancellation is otherwise required by law or allowed for in these Terms. We will not confirm the accuracy of any information provided in your order.

Subject to continued availability of products, orders will be held in your shopping cart for up to 7 days awaiting your confirmation. Your shopping cart will be cleared if no confirmation is received within 7 days.

We are not liable to you for any cost, loss, damage, including inconvenience of any kind suffered by you arising directly or indirectly out of this provision by you of any incorrect or incomplete information on the Site. You agree to release us from all and any claims for any such costs, loss damage or inconvenience and to reimburse us for our cost, loss or damage we may incur or suffer in relation to any such claim.

You are liable for any inaccurate information (whether Consumer Information or order information) provided and you agree to reimburse us in full on demand for any receivable or transaction that is generated based on such inaccurate information.

Basically:

Follow the prompts to make an order.

Delivery costs are typically included.

You are responsible for providing accurate information in your orders.

13.  Our acceptance and payment

We may, at our option and our absolute and unfettered discretion and without providing any reason:

(a)   decline your order, in which case your payment will not be processed; or

(b)   accept your order, in which case your payment will be processed in accordance with your Consumer Payment Terms.

You will receive an email from us advising that your order has either been accepted or declined and advising of next steps.

Any refusal or failure to process your order, or delay in processing your order, will not entitle you to any claim against us, including for any consequential loss or damage and you agree that time is not of the essence.

If we decline to process an order, to the extent that we or our Payment Provider has received Fees from you in respect to that order, a full refund, will be made within 10 Business Days. We are otherwise in no way required to refund any money spent in a Transaction.

If there has been a price increase in respect of a product since you made the order and before the order has been filled, we will advise you of the same and give you the option to cancel that order.

You acknowledge that it is your responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account or means of payment to honour the payment of Fees when they fall due.

We will not be held responsible for any fees and charges imposed by your financial institution or any other third party that may be incurred if there are insufficient funds in your account or the payment fails.

Basically:

We can choose to accept or decline an order.

If we decline an order, we either won’t process a payment or will refund any relevant payment to you.

You need to make sure you have funds available for us to process an order.

14.  Third party payment service

Payment for orders placed through our Site will be made via our Payment Provider. Payments made through a Payment Provider are subject to that Payment Provider’s own terms and conditions in addition to these Terms, which may be accessed via the Site homepage or provided to you directly by the Payment Provider. We are not liable for any issues, including charges from your financial institution, which may arise as a result of using this service.

We will not be liable for any errors made by a Payment Provider. By providing your payment details, you confirm that you are authorised to use that payment method, and you authorise us, through a Payment Provider to charge your payment method for the total amount of your Order and any associated fees that may be payable.

Basically:

We use third-party payment providers, who we are not liable for.

15.  Non-payment

If you default on a payment due and payable, the same will be dealt with by our Payment Provider in accordance with their terms. Late fees and /or interest may be charged on overdue amounts not subject to a valid dispute.

Basically:

Our Payment Provider will resolve any non-payment with you and may charge fees and interest.

16.  Delivery

Products on our Site may show their anticipated delivery timeframe. These timeframes are estimates only and we make no guarantee or warranty as to their accuracy.

The Supplier or Wholesaler, as the case may be, is responsible for the delivery of a product that is the subject of a Transaction. We are not responsible and accept no responsibility for the delivery, or non-delivery of products that are the subject of an order.

Basically:

We aren’t responsible for delivery of products.

17.  Retention of title and risk

Property and ownership in any products purchased on the Site will not pass to you until all payments have been received in full.

The Supplier or our Wholesaler retains equitable and legal title in the products until such title has passed to you in accordance with the above. Until title has passed, you take custody of the products and retain them as fiduciary agent.

Risk in the products passes to you immediately on delivery of the products.

Basically:

You don’t own the products until you’ve paid for them and you are responsible for products once they have been delivered.

18.  Returns and disputes

All products ordered on the Site will be sent to you directly by either the Supplier or Wholesaler. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility for, the products offered or supplied by any Supplier or Wholesaler.

If you have a complaint or dispute in respect to the products delivered, please follow the process shown on the helpdesk on our Site within 7 days of receipt of the product in question. You will then either be directed to contact the Supplier, or if you have purchased from us as reseller, we will manage your complaint or dispute with the Wholesaler ourselves.

Suppliers and Wholesalers will have their own policies and procedures in relation to returns. We make no guarantee and do not warrant in any way the policies and procedures of individual Suppliers or Wholesalers in relation to returns.

If a Supplier or Wholesaler agrees to grant you a return and/or refund, or a chargeback is approved, our Payment Provider will refund you the relevant Fees paid, however refunds or chargebacks may be offset from amounts owing by you.

Where you wish to return and/or obtain a refund in respect to a product delivered, other than facilitating (where we have the obligation to) that return and/or refund as set out above, we have no other obligations.

Products you purchase on the Site may come with warranty documents. Any such warranty is provided by the Supplier or manufacturer only and is not given by us.

If you suspect fraud, please contact your financial institution in the first instance.

If you have a dispute that you believe is our responsibility then log a ticket via our help desk. We will endeavour to respond within 5 Business Days.

Basically:

You can use the helpdesk via the Site in relation to any disputes and if Suppliers or Wholesalers agree to refund, we will facilitate the return of fees paid.

We aren’t responsible for any issues with the products themselves.

Speak to your financial institution where you suspect fraud.

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19.  Limitation of liability

Despite anything else in these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so.

Subject only to the above, we and our affiliates, licensors, service providers, employees, agents, officers and directors will not be liable in any circumstances for:

(a)   any product information, modification, price change, suspension, delay in delivery or discontinuance of products listed on our Site;

(b)   the fraudulent or unauthorised use of your payment information;

(c)    the suitability or fitness for purpose, of any products, your use of any of the products procured using our Site or for any other claim related in any way to your use of the products,

(d)   any defects in or damage to the products which arise from:

(i)              any act or omission of you, your personnel or third parties, including:

(1)   mistreatment of or damage to the products;

(2)   the placement, installation, alteration or modification of the products;

(3)   failure to properly use or maintain the products, including failure to comply with any recommendations, documents or information made available by us or the manufacturer of the products; or

(4)   use in connection with the products of accessories, equipment or other items not supplied by us; or

(ii)             fair wear and tear; and

(e)   loss of revenue, loss of profit, increased financing costs, loss of use, loss of business or business interruption, loss of production, loss of expected saving or loss of opportunity, reputational loss or damage, or for any other consequential, special, indirect, punitive, exemplary or remote loss or damage whether arising under the law of contract, in tort (including negligence), equity, debt, by warranty, under statute, or any other basis,

and our total aggregate liability to you in relation to any Transaction, in all circumstances (whether arising under the law of contract, in tort (including negligence), equity, debt, by warranty, under statute, or any other basis) is limited to the amount paid to us or our Payment Provider for the products that are the subject of the relevant Transaction.

Any recommendation, information, assistance or service given by us as in relation to products is given without warranty as to accuracy, completeness, appropriateness or reliability. We do not accept any liability or responsibility for any loss suffered as a result of your reliance on such recommendation, information, assistance or service.

You agree that we will not be liable for any loss or damage which arises in relation to the Products provided by our Suppliers or any Wholesaler including:

(a)   , the contents of the Products or their suitability for your use;

(b)   the manufacture and production processes of Products; or

(c)   any information provided by the Supplier or Wholesaler in relation to the Products, including their contents or manufacture. 

Basically:    

Our liability is limited to the fullest extent permitted by law.

20.  Indemnity

You agree to indemnify and make good us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs (including legal costs on the indemnity basis), expenses, penalties or fees of whatsoever nature which we may suffer or incur arising from or in connection with any:

(a)   breach of these Terms or the agreement by you;

(b)   inaccurate or incomplete information given by you;

(c)    wilful default or negligent act or omission on your part;

(d)   your use of the Site's content, services and products other than as expressly authorised in the Terms; and

(e)   loss of or damage to property, or personal injury or death, in connection with any act or omission on your part.

Any indemnity given under these Terms is reduced to the extent that the relevant cost, loss, damage or claim was caused or contributed to by the breach of these Terms, wilful default or negligent act or omission by us.

Basically:

If there is a claim by a third party in respect to your use of the Site or the products sold on it, you indemnify us from them, except to the extent that the same was our fault.

21.  Governing law

These Terms and any separate agreements between us shall be governed by and construed in accordance with the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.

Basically:

The laws of New South Wales apply to these Terms.

22.  Modifications

We reserve the right, at our sole discretion, to update, change, remove or replace any part of these Terms, our products, prices and suppliers at any time and for any reason.

You can review the most recently published updates to the Terms, our products, prices and suppliers at any time on our Site. However, although we make reasonable efforts to update our Site, we make no representations, warranties or guarantees, that the content or information you derive from our Site is accurate, complete or up-to-date.

Prices listed on our Site and descriptions of any kind relating to products displayed on our Site may not be current or complete and under no circumstances constitute an offer or undertaking by us. We make no representation that the products listed in our Site are currently available online or at any physical location.

If we update, change or replace any part of these Terms, we will advise you by email and also through our Site messaging system.

Basically:

Our products, prices, suppliers, and these Terms can change at any time. If there is a change to our Terms, we’ll let you know.

23.  Term & termination

We can terminate your access to the Site at any time for any reason by giving notice to you.

If you wish to terminate your account with us, please use the termination function in your Consumer portal. If you terminate, the obligations and liabilities of the parties accrued or incurred prior to any such termination shall survive the termination of these Terms for all purposes.

The obligations and liabilities of the parties accrued or incurred prior to any such termination shall survive the termination of these Terms for all purposes.

Basically:

Both of us can cancel your account by giving notice. Existing obligations will continue despite this cancellation.

24.  Severability

If the whole or any part of a provision of these Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable .

The above does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms.

Basically:

If part of these Terms is invalid, it is to be removed and the rest of the Terms continue.

25.  Waiver

Neither party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms unless the other party or parties expressly grant a waiver of the right, power or remedy in writing. Any such waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

Basically:

Nothing either of us does waives rights under these Terms, except if its an obviously expressed waiver in writing.

26.  Notices

Any notice given under these Terms must be given by email. Our email address for communications is info@b2care.com.au Your email address for communications is the one you provide to us during the business account registration process.

A notice is regarded as given and received five (5) hours after the time sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered. However, if this means the notice would be regarded as given and received outside the period between 9.00 am and 5.00 pm (addressee's time) on a Business Day (Business Hours Period), then the notice will instead be regarded as given and received at the start of the following Business Hours Period.

Basically:

Notice much be in writing to the relevant email address.

27.  Survival

Clauses 16, 18, 19, 20 and 25 survive termination or expiry of these Terms together with any other term which by its nature is intended to do so.

Basically:

Certain clauses continue after any agreement we have with you ends.