Terms and Conditions
About These Terms and Conditions
Eligibility to Purchase
In order to make a purchase through the Site, you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and guarantee that the payment details you provide on ordering are both valid and correct and that you are the person referred to in the billing information provided. We sell and ship Products only within Australia. We will not make deliveries outside of Australia or to parcel lockers within or outside of Australia. We do not encourage you to use the Safe Drop option from Australia Post whereby your parcel will be left unattended at your nominated address, however if you do elect to use this service, we are not responsible for any missing parcels and no claims can be made against us for compensation.
Acceptance of Your Order
How You Place Orders
You may place an Order by selecting Products from our site, proceeding through our checkout and payment process and clicking the “Submit My Order” or "Pay Now" button. Once your Order has been placed, you will receive an email acknowledging the details of your Order. This email is NOT an acceptance of your Order, just a confirmation that we have received it. Order Acceptance By placing an Order, you make an offer to us to purchase the Products you have selected based on these T&C's. Information contained on the Site constitutes an invitation to treat. No information on our Site constitutes or should be deemed as an offer by us to supply any Products; however we will make every effort to supply Products to you. We will notify you that your Order is being processed by sending you an Order Confirmation and invoice via email; however, we do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed, for the purpose of preventing credit card or payment fraud.
We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders in our sole discretion. We will confirm acceptance of your Order when we send you an email confirming shipment of the Products you have ordered. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
We reserve the right not to accept or reject your Order if:
- We are unable to obtain authorisation for payment
- The Product ordered is out of stock
- The Product does not satisfy our quality control standards and is withdrawn
- You do not meet the eligibility criteria set out within the T&C's
- The Product ordered is subject to an error on the website, for example, in relation to a description, price or image; or
- An event beyond our control, such as storm, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that we are unable to supply the Product within a reasonable time.
To the extent permitted by law, we reserve the right to refuse to process and therefore accept a transaction, cancel an Order that we have previously accepted, refuse service to anyone, at any time and for any reason, at our discretion. We will not be liable to you or any third party by reason of our not accepting an Order, withdrawing any merchandise from the Site, removing or editing content on the Site; refusing to process a transaction; or suspending any transaction after processing has begun.
We do not formally accept your offer until your Order has passed our internal validation procedures for verifying the bona fides of each Order placed. We may run security checks for the purpose of preventing credit card or payment fraud. Security checks may be conducted by telephone, by email or by a combination of both. As part of a security check we will require you to provide further verification of your credit card and your identification. If you do not agree to undergo a security check you may choose to process your payment through PayPal instead or you may have your order cancelled and refunded. We maintain absolute discretion to cancel and refund your Order if you refuse to undergo any part of a security check.
We have made every effort to display as accurately as possible the colours of our Products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate
2. Pricing and Stock Availability
We always seek to list Products with the most competitive prices. We are constantly revising our offerings of products, and we may discontinue products at any time without notice. All pricing for our products is subject to change. We reserve the right to change prices for Products displayed on the Site at any time before you submit an Order. We otherwise reserve the right to make adjustments due to changing market conditions, currency fluctuations, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
The price of Products shown excludes shipping costs. The shipping cost is shown separately on the Product page but may be recalculated based on how many and what items you place in your shopping cart. Please refer to Shipping Charges below for more details. Unless otherwise stated, any accessories shown in any image of products are not included in the price
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. The site may contain errors, omissions, faults or inaccuracies and may not be complete and current. We reserve the right to make changes and corrections in prices, products, and specifications without notice. If there is a pricing error on the web site we will endeavour to correct as soon as possible. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If your order is cancelled after you have paid for the goods, you will receive a full refund in the same tender as your original purchase.
Coupons and Discounts
Any coupon codes, including free shipping or discount offers, are valid at the time of order placement only and must be entered in correctly at the relevant point in the payment process for you to be eligible for the offer promoted by the coupon. Coupon offers will not be valid or honoured on Orders successfully placed if used incorrectly or inappropriately. We reserve the right to cancel any order relating to a coupon code that we deem to have been used incorrectly or inappropriately. Coupon codes are also not to be shared publicly. Sharing codes on a public forum is a breach of our T&C’s. It is your responsibility to read specific details about a coupon code, which may outline what it can or cannot be used for. For example, whether it requires a minimum spend or whether it applies to a specific range of products or available to a specific group of people only.
Promotions are available for a limited time only, for as long as they are advertised on the site. We reserve the right to extend or withdraw a promotional or sale offer at any time without notice. Promotion codes are not valid to be used in the same order as other promotion codes. Promotion codes are not valid on gift cards or online gift vouchers. Certain online promotions and offers are subject to additional terms and conditions which will be specified with the offer on the Site (e.g. duration of the promotion or sale, method of calculation of savings etc.). Please read these additional terms and conditions carefully. Next day dispatch cannot be guaranteed during promotional periods.
Your Data - Use and Protection
Credit Card Fraud
While we employ Secure Sockets Layer (SSL) technology software for its transactions with our customers, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. We will take all reasonable care to keep the details of your order and payment secure, but we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site unless that access was made possible by our negligence.
Fraud Protection or Prevention Procedures
To help ensure we remain a safe and secure place for customers to transact we may ask you to confirm your identity by confirming information that you’ve provided us is correct. Our process is to contact you either by phone or email with a request to confirm certain information. This may occur when you open your account or when you make an online purchase. In addition, from time to time we may need to ask you for some extra information so that we can adequately identify who you are. This information will only ever be collected for the purposes of confirming your identity. Our process is entirely voluntary, however if you do choose not to confirm or provide the information we ask for then we may unfortunately not be able to continue to process your order. If we need to confirm your identity, we’ll attempt to contact you soon after you have placed your order. If we can’t confirm your identity within 7 days we will cancel your order and process a refund within 24 hours of our last attempt to contact you.
Orders by Telephone
Use of this Site
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. You may not upload to or in any way amend or deface our Site or allow it or cause it to be used for any purpose that is not lawful and you must abide by all applicable laws, regulations and codes of conduct.
In particular, you must not use our Site in any way to:
- Disparage, defame, abuse, harass, stalk, threaten or otherwise offend others including us.
- Send unsolicited emails or spam as though, from or via our Site.
- You must also not use our Site in any way to send to others anything that contains viruses, or other computer code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C's, we may deny you access to this Site on a temporary or permanent basis. You will indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these T&C’s or any other legal obligation by you or your use of or conduct on our Site. These terms also apply to any social networking sites.
Social Networking Sites
All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect our opinions or ideas or our employees and we are not responsible for any such content.
We may include links on this Site to other websites or resources operated by parties other than us. We have not reviewed all of the websites or resources linked to its Site and are not responsible and have no liability whatsoever (directly or indirectly) for the content or accuracy of any of these website pages or resources nor for the availability of such external websites or resources, the privacy practices or the content of such websites, including any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
To the extent permitted by law, we are not liable for any delay in performing any of its obligations under these T&C’s if such delay is caused by circumstances beyond the reasonable control of us, and we shall be entitled to a reasonable extension of time for the performance of such obligations.
Intellectual Property Rights
Your use of the Site and its contents including any graphics, photographs, music, video, or text on this Site, grants no rights to you in relation to any copyright, designs, trademarks, and any other intellectual property and material rights relating to it including our software and all HTML and other code contained in this Site. All such IP, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions.
You are permitted to use the IP only as expressly authorised by us and/or our third party licensors. Any reproduction or redistribution of the IP is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing the IP for your own personal use. This Site is for your personal, non-commercial use only. You may not use this Site for any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Compensation and Liability
You agree to compensate us fully on demand for any liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C's by you, or arising from the use by any other persons accessing this Site using your internet account caused by your action or inaction. You also agree that we will not be liable for any loss or damages whatsoever which result from any use or access of, or any inability to use or access, the Site or any part of it, or from your decision to purchase Products from us, except to the extent of our negligence or breach of these T&C's.
You acknowledge that if you breach the T&C's and we take no action against you, we do not waive our right to take action should you commit the same breach again or any other breach of the T&C's. Our actions in not pursuing our rights in respect of any breach will not be construed as varying the T&C's in any way.
You may not assign any rights and obligations under these T&C’s whether in whole or in part without the prior written consent of us. Any unauthorised assignment shall be deemed null and void.
You acknowledge and agree that the T&C's together with all our policies and procedures will be governed by and construed in accordance with the law of Victoria, Australia, and the relevant courts of Australia will have exclusive jurisdiction.
Reading Down & Severability, Inconsistency
If any portion of these T&C's is or becomes contrary to any Australian law, that portion will be read down to the extent necessary for the portion to retain valid operation or if it cannot be read down, will be severed from the T&C's and the rest of the T&C's will not be affected by the severance. If any portion of these T&C's is inconsistent with any other policies or terms constituting these T&C's, then these T&C's will prevail to the extent of the inconsistency.
Bessemer 30 Day Money Back Guarantee
We are confident you won’t need to make a claim with our NEW Bessemer cookware as its designed for a lifetime of cooking. However any claims for the 30 Day Money Back Guarantee must be made with proof of purchase and sending the actual product back to us.
Bessemer **Limited Time Offer - 30 Day Money Back Guarantee – Terms and Conditions:
- This offer applies to qualifying purchases of Bessemer cookware bought during the 30 Day Money Back Guarantee promotion between 20 September 2021 and 19 October 2021.
- Only purchases from Global Retail Brands Australia Pty Ltd (GRB) are valid and all claims must be made directly to GRB.
- For online purchases, claims must be made to GRB within 30 days of the date the product is delivered to you. You must do this by emailing us at email@example.com or completing the online form (with proof of purchase attached or order or tax invoice number provided) to obtain a Return Authorisation (RA) Number, which you will receive by email and must be placed on the packaging of the returned product. You must return the product to GRB by post within 30 days of receiving the RA Number to qualify for a refund. You are responsible for paying the cost of postage and packaging in returning the product. Items purchased on our website must be returned by post.
- For in-store purchases, returns must be made in-store within 30 days of purchase. You must present proof of purchase. If you are unable to return your product in-store due to COVID-related delays, you may return it by post by following the claims process described in item 3 above.
- If you are unable to comply with the set timeframe due to exceptional circumstances (eg. due to COVID-related restrictions), GRB may, at its discretion, extend this timeframe.
- This offer is open to Australian residents only.
- This promotion is offered to the original purchaser of the product only. The promotion does not cover commercial use of the product.
- Refunds will be processed upon the product being received by us. All refunds will be credited only to the credit or debit card that was used to make the original payment. The amount refunded will be the price paid as shown on the receipt or proof of purchase and excludes cost of shipping.
- No responsibility will be accepted for returned products which have been lost, misdirected or damaged in transit or return claims made past the deadline.
- This offer is in addition to other warranties offered by GRB in relation to the product.
- This offer does not affect your statutory rights.
Bessemer Affiliate Program
Bessemer Affiliate Program Terms and Conditions
(a) The Bessemer Affiliate Program is managed by Global Retail Brands Pty Ltd (we, or us). It allows certain Bessemer affiliates (you) to promote Bessemer products (Products) to customers using unique discount codes issued by us (Unique Discount Codes).
(c) By applying to participate in the Bessemer Affiliate Program, you agree to the terms of this Agreement.
(a) You can apply to participate in the Bessemer Affiliate Program by completing this form or using any other method we provide.
(b) We will assess and approve applications, at our discretion.
(c) If your application is approved, we will provide you with a Bessemer Distributor Representative number, a unique referral link (Unique Affiliate Referral Link), Unique Discount Codes, and instructions to create your account on the Bessemer Affiliate portal (Portal).
(d) You will receive the following two Unique Discount Codes:
(i) a Unique Discount Code for a 10% discount, for use on full priced Products; and
(ii) a Unique Discount Code for a 5% discount, for use on Products that are part of a promotion (such as a Product discounted off its standard price or a Product with a free lid or other free Product).
3. How it works
(a) Each time a customer makes an Eligible Purchase:
(i) the customer will receive a discount based on the Unique Discount Code used in accordance with clause 2(d); and
(ii) you will earn a commission of 10% of the Price Paid (Commission).
(b) Price Paid means the total amount paid by a customer for an Eligible Purchase, less any shipping costs.
(c) Eligible Purchase means the purchase of Products on www.bessemer.com.au (Bessemer Website) in an order that:
(i) a customer places and pays for, having used your Unique Affiliate Referral Link, and Unique Discount Code at checkout; and
(ii) we have accepted.
(d) Your Unique Discount Codes cannot be used in the same order, or in addition to another offer, discount or promotional code, unless stated otherwise. (e) You will receive an automated email each time a customer makes an Eligible Purchase.
4. Payment and reporting
(a) The Commission is in the form of a monetary amount paid to your nominated PayPal account.
(b) You will need to link a valid PayPal account to your dashboard on the Portal in order for us to pay your Commission.
(c) We will pay your total earned Commission at the end of each calendar month for that month, provided you have linked your valid PayPal account to your dashboard on the Portal with 14-day payment terms.
(d) We will not pay your Commission if:
(i) a customer returns, or indicates an intention to return, a Product that is part of an Eligible Purchase;
(ii) we cancel the order for an Eligible Purchase in accordance with our terms and conditions or policies or for any other reason (acting reasonably);
(iii) you breach this Agreement;
(iv) you engage in any illegal, unlawful or fraudulent activity in connection with your Unique Discount Codes;
(v) you make any disparaging or defamatory comments about us or the Bessemer brand, including on social media or other platforms; or
(vi) we determine there is another valid reason to do so in accordance with our terms and conditions or policies or for any other reason (acting reasonably).
(e) If a circumstance in clause 4(d) arises and we have already paid you the Commission, we will deduct it from your next Commission payment, or if there is no further Commission payment, you must reimburse to us the Commission amount paid to you using the payment method we advise.
(a) Customers who purchase Products using your Unique Discount Codes are Bessemer customers, not your customers.
(b) If a customer contacts you in relation to the Products, Bessemer brand or Bessemer Website, you must direct the customer to contact us at firstname.lastname@example.org to address those queries or issues.
6. Unique Discount Codes and disclosure of relationship
(a) You can share your Unique Discount Codes, including to your social media accounts and via email.
(b) You are responsible for all shares of your Unique Discount Codes.
(c) You must clearly and prominently disclose your Bessemer Affiliate status in all posts, publications and other advertisements containing your Unique Discount Codes, including by using the #bessemeraffiliate hashtag on all social media posts.
7. Intellectual property
(a) We own all trade marks, copyright and other intellectual property rights in or on the Bessemer Website, Portal and Products, unless stated otherwise. This includes branding, text, images, graphics, and their arrangement on the Bessemer Website and Portal. You may not use or reproduce this intellectual property except as expressly permitted by this Agreement.
(b) You may not modify, copy, re-publish, frame or distribute any part of the Bessemer Website or Portal (including the information contained within it) or use them in a way that infringes the intellectual property or other rights of us or any third party.
(a) You warrant on an ongoing basis that:
(i) the information you provide to us is accurate, complete and not misleading; (ii) you will only make true and accurate representations about the Bessemer brand and Products;
(iii) you will keep your Portal account secure;
(iv) you will only use the Portal for the features we deliberately make available, and not do anything that compromises or disrupts it or use it in a way that is unlawful or harms us;
(v) you will comply with this Agreement in participating in the Bessemer Affiliate Program; and
(vi) you will not breach any laws in connection with your participation in the Bessemer Affiliate Program.
(b) We make no warranties, representations or guarantees about the amount of Commission you can expect to earn under the Bessemer Affiliate Program.
(a) Nothing in this Agreement excludes, modifies or restricts any guarantee or warranty that cannot be excluded, modified or restricted by Law, including under the Australian Consumer Law.
(b) To the extent permitted by law, we make no warranties, representations or guarantees of any kind in relation to the Bessemer Affiliate Program and Portal, and its content, features and functionality, whether express or implied, including that they will be uninterrupted, error-free, accurate, free of viruses, bugs and other malicious or harmful code, or of non-infringement, merchantability or fitness for a particular purpose.
(c) You are responsible for any taxes that may be payable in connection with your participation in the Bessemer Affiliate Program, including any Commission paid to you.
11. Suspension and termination
(a) We can immediately suspend or terminate this Agreement or your participation in the Bessemer Affiliate Program, at any time and for any reason, with notice, including if:
(i) you breach this Agreement, or we reasonably suspect that you have or intend to;
(ii) you breach an applicable law, or we reasonably suspect that you have or intend to;
(iii) you have made disparaging or defamatory comments about us or the Bessemer brand;
(iv) we believe that your participation in the Bessemer Affiliate Program is likely to damage or negatively impact our business or reputation; or
(v) we suspend or terminate the Bessemer Affiliate Program.
(b) You can stop participating in the Bessemer Affiliate Program at any time by contacting us.
(c) Upon suspension or termination of this Agreement, we may withhold any Commission you earned before the suspension or termination if we suspended or terminated for any reason outlined in clause 11(a)(i) - (iv).
(a) We may change or terminate the Bessemer Affiliate Program or this Agreement, in whole or in part, at any time, including the Commission structure. A change will only take effect from the time the change is notified to you.
(b) Your continued participation in the Bessemer Affiliate Program after a change takes effect will mean you agree to the change.
(a) Words such as ‘including’ do not limit the preceding words.
(b) Any clause that, by its nature, is intended to survive termination of this Agreement will do so.
(c) You must not assign, novate or otherwise transfer any rights or obligations in this Agreement without our prior written consent.
(d) Nothing in this Agreement creates any employment, partnership, agency or joint venture relationship between you and us.
(e) This Agreement is governed by the laws in force in Victoria, Australia.
(f) You irrevocably submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.
LAST UPDATED: 30 November 2021