Standard Warranty Information
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you ("Customer") accept and agree to these terms and conditions. A binding contract will only be formed upon BPM Australia. Giving notice of its formal acceptance of an order. Acknowledgement of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: BPM Australia Pty Limited is referred to as "BPM". "Customer" or "you" refers to the person (a natural person or other legal entity) who orders Products or Services via this website, and whose order for Products is accepted by BPM; "Contract" is the contract containing these terms and conditions, formed by BPM's acceptance of your order, and credit card or other payment details; "Products" are the products listed as items for sale on BPM websites; "Services" are any services available from BPM through BPM websites, for example, delivery or packaging services; "Terms" are these terms and conditions of sale; "BPM websites" are the websites operated by or on behalf of BPM.
2. General-Application of Terms and Conditions
Customer's (your) purchase of Products or Services, whether through an BPM website, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
3. Changes to Terms and BPM Websites
BPM may amend these Terms, including payment, guarantee and warranty terms, without notice. Also BPM reserves the right to modify the terms of separate Product guarantees, at any time. BPM may provide notices of changes to BPM websites, the Terms and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant BPM website.
Frequent review of BPM websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on BPM websites, they could include inaccuracies or typographical errors, including pricing errors. BPM shall not be obliged to honour, nor be liable in respect of, such errors. BPM and third party suppliers may make improvements and/or changes in Products, Services, Service Programs, Prices and other details described in BPM websites, at any time. Changes are periodically made to update BPM websites.
4. Product Information and Availability Changes
BPM continually updates and revises Products. BPM may update, revise and/or discontinue Products and/or any peripheral products at any time. BPM may revise prices for Products listed as available items on BPM websites at any time. A price remains valid only for the duration of the day on which Customer visits the page of the BPM website displaying that price. BPM displays current Products at https://cupcakecreations.com.au BPM endeavours to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to availability of the relevant Product(s). BPM reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on BPM websites are approximate.
The price of Products shall be BPM's currently applicable price at the date and time of acceptance of the Customer's order. This may be specified on BPM websites or at Product purchase "check-out", but the definitive price shall be that which is notified to Customer by BPM on acceptance of the order by BPM. Any incorrect prices on BPM websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by BPM shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by BPM after purchase of Products from BPM.
6. Manner of Payment
BPM accepts payment by approved credit card, PayPal and Stripe (in Australia). BPM does not accept other means of payment (e.g. cheque).
7. Terms of Payment
Customer must tender payment (via an accepted credit card or other payment means accepted by BPM) before the delivery of Products unless otherwise agreed with BPM. Invoicing and payment collection by BPM may be effected through third parties.
For credit card payments, Customer must provide his or her valid credit card number and other requested details either in the relevant purchase "check-out" section of the relevant BPM website, when Customer orders Products. BPM will attempt to verify the validity of the credit card with the card's issuer and may convey acceptance of the order (as set out below) to Customer if the credit card is accepted.
8. Order Acknowledgment, Order Acceptance, Contract Formation
All orders for Products placed by you with BPM are subject to acceptance by BPM. BPM may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
BPM may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. BPM websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through an BPM website BPM may advise of its acceptance of the order by e-mail.
Any Contract is dependant and conditional upon BPM's verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until BPM confirms acceptance of both of these items, BPM has no obligation to provide any Products or Services.
We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgement, order acceptance, payment method acceptance and invoice as evidence of purchase.
9. Account Information
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the BPM website account details section ("Account Information"), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other BPM websites. BPM shall not be liable for any unauthorized use of passwords.
Products will be delivered to the ship to addresses, as indicated, except as otherwise exceptionally agreed with BPM. BPM will use its discretion in selecting a reputable carrier and appropriate means of delivery. BPM may deliver Products by instalments in any sequence. Where Products are delivered by instalments, each instalment is deemed to be the subject of a separate Contract. No default or failure by BPM in respect of one or more instalments will affect the Contract in respect of Products previously delivered or undelivered Products. If BPM notifies you that it is unable to deliver any instalment of Products, you will be deemed to accept those instalments already delivered (subject to applicable law).
11. Delivery Date
BPM aims to deliver promptly. However, there may be reasons for BPM's inability to ship according to its target dates (most of which are beyond BPM's control). Accordingly, any dates given by BPM for the delivery of Products are estimates only, and BPM cannot and does not undertake that delivery will occur on any specified dates.
If Products cannot be delivered by any estimated or target dates given by BPM, BPM may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, BPM's only obligation shall be to refund any money paid by the Customer to BPM.
BPM retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. BPM reserves rights (subject to applicable law) to terminate Customer's right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires BPM to return any payment made for the Products, for any reason.
Title to any software comprising, included in or with Products remains with BPM, the relevant BPM Group Company or the relevant licensor, notwithstanding payment.
13. Software Licenses
All software, including pre-loaded software contained in hardware Products, is licensed and not sold. It is licensed either by BPM or the relevant software owner to you subject to the relevant software end-user license agreement or other terms included with the software and/or with the Product or Services. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified (save as expressly permitted by applicable law) nor may it be distributed in any form.
Where express software license terms are not supplied, software is licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.
BPM's guarantees or warranties do not include the correction or avoidance of software defects or errors or the loading or re-loading of Customer's applications software or data or any reconfiguration of Products beyond reloading the operating system software as installed in the Products before shipment (subject to software availability).
14. Your Acceptance of Products
You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified BPM of any deficiencies or defects.
15. Returns Policy
If a product is faulty and within the warranty period (Specified to the brand/product) you must obtain an BPM return reference number. This number may be obtained from BPM by sending an email to firstname.lastname@example.org along with the following details i.e. name, date of purchase, model number and invoice number.
On return of the product, BPM will check and if the product is found faulty, a replacement unit will be send within 28 days. If the product is found to be in good condition, a replacement product will not be sent and the return of this product to the consumer is the total responsibility of the consumer
16. Exceptions to Right to Return
The right of return does not apply if you do not purchase Products or Services as a consumer. The right of return and refund does not apply to software sold with BPM products, or as a separate product, if the license seal has been broken and/or shrink-wrap packaging opened.
17. Resale of Product, Parts etc.
Customer shall not resell Product, Product parts, components or accessories packaged with the Products. BPM may (among other reasons) reject orders placed by Customer if Customer breaches this term (with regard to any Products) or if BPM reasonably suspects that Customer has breached or will breach this term.
18. Guarantees and Warranties
Subject to the qualification with respect to statutory rights (below), to the fullest extent permitted by applicable law, BPM gives no guarantees or warranties with respect to Products or Services, additional to those in the warranty card included with the Products, (in each case, "Warranties").
Guarantee cards and Typical Guarantee terms and exceptions
In the Warranty cards included with Products, BPM or the relevant BPM Group Company gives certain warranties and service undertakings concerning the Products.
The terms of the Warranties applicable to the Products you order may vary depending on the relevant Product, country of sale or intended use of the Product. In the Warranties, BPM or the relevant BPM Group Company (as stated in the relevant Warranty) typically guarantees the Product to be free from defects in materials and workmanship for stipulated period from original purchase. If, during that period, the Product proves defective in materials or workmanship, the relevant service centre, facility or other service option will repair or replace the Product (at the sole discretion of BPM) or defective parts, subject to exceptions stated in the relevant Warranty. Repair or replacement of defective Products or parts in accordance with the relevant Warranty terms is (to the fullest extent permitted by applicable law) your only and exclusive remedy for defective Product covered by a Warranty.
However, the Warranties (and these Terms) do not affect or detract from, and should not be read to affect, your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract, and you may assert your rights at your sole discretion.
The following are some typical exceptions to Warranty coverage (stated in the Warranties):
- A Warranty does not cover damage from adaptations or adjustments made to the relevant Product without the prior written consent of BPM.
- A Warranty will not apply if the type or serial number of the product has been altered, deleted, removed or rendered illegible.
- A Warranty does not cover (among other things): [a] periodic maintenance and repair or replacement of parts due to normal wear and tear; [b] consumables supplied with the Product such as batteries; [c] cosmetic damage; [d] physical damage to liquid crystal displays; [e] damage or loss to software, data or storage media; [f] transport costs and risks; [g] damage from improper use or maintenance; [h] damage from installation or use of the Product inconsistent with applicable technical or safety standards or installation or user instructions; [i] damage from improper or incorrect installation of software and other products; [j] repair or attempted repair of the Product by non-authorized persons; [k] damage from accidents, lightning, water, fire, improper ventilation or any cause beyond the control of BPM; [l] damage by use of the Product with accessories, products or peripheral equipment not made by BPM; [m] damage by defects of any system into which the Product is incorporated; [n] software (as mentioned below); and [o] damage due to abuse, neglect or commercial use.
The Warranty cards contain warranties and other vital terms concerning the Products, including limitations and exclusions of warranty coverage and liability. Please review the Warranty(ies) which apply to the Products carefully. Placing an order for Products with BPM constitutes full acceptance of the warranty and warranty terms and limitations set out in these Terms and in any applicable BPM Warranties available to view at the time of placing an order. The terms of the Warranty card shipped with the Product supersedes (to the extent of any inconsistency) Warranty terms in BPM websites and other sources.
All warranty services under a Warranty will be provided only on presentation of proof and date of purchase. Therefore, you should keep a copy of the invoice for the Product with the Product Warranty card. You should also keep a copy of the courier delivery note as evidence of the exact delivery date.
Claims to be made within warranty period
Notwithstanding any provision of the Warranty, all warranty claims must be made within the warranty period stipulated in the Warranty.
No other terms or warranties
No advice or information, whether oral or written, obtained by you from BPM, distributors, resellers or other third parties, whether through or from after-sales or other services referred to in, or linked to or from BPM websites, or otherwise, will create any warranty or condition concerning Product features or capabilities not expressly stated in these Terms or the relevant Warranty(ies). There are no warranties, conditions or other terms that are binding on BPM other than as stated in these Terms, except for those (if any) provided by your statutory rights under applicable law (whether as a consumer or otherwise) which cannot be waived or limited by contract.
There may be differences between Products delivered to you and seemingly equivalent products described in marketing materials (advertisements, catalogues, specification sheets etc) in manufacturers', distributors', resellers' or other websites or other materials, which may or may not be intended for use in your country of residence. BPM is not responsible for such differences.
Any other warranty, condition or other term concerning Products that might otherwise be implied into or incorporated into the Terms by law is expressly excluded (to the fullest extent permitted by applicable law). BPM employees are not authorized to vary these Terms.
If Products (such as certain accessories) are sold without an applicable Warranty card, BPM gives no warranty or guarantee, other than as stated in applicable law.
Technical Assistance and Support
BPM does not offer support to customers for problems or issues regarding any software or other products licensed or manufactured by a party other than BPM. If Customer needs such support, Customer must contact the respective manufacturer or licensor of the relevant software or other product.
Modification of Guarantees and Warranties
BPM reserves the right to modify warranties (in or referred to in these Terms), and/or separate warranties and guarantees (included with the Products) at any time. However, Contracts accepted on the basis of previous terms and conditions, including Warranties which applied to your purchase (at the time of purchase) remain unaffected.
19. Liability Limitation
These Terms set out the full extent of BPM's (and other BPM Group Companies') obligations and liabilities in respect of the supply of, or failure to supply, Products. BPM is not liable to you (or any other parties):
1) for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (even if BPM have been advised of the possibility of such damages), however caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases), or
2) for [a] loss of the use of Products or inability to order Products via a BPM website or other media, [b] the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a BPM website or other media, [c] unauthorized access to or alteration of your transmission or data, or [d] statements or conduct of any third party regarding any matter relating to content downloaded from an BPM website or other media.
This clause and the limitations of liability apply also to BPM named as the guarantor or warrantor (if any), in the relevant Warranty. If applicable law prevents, restricts or limits BPM's ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit BPM's liability to the maximum extent permissible.
Important Consumer Qualification
Nothing in these Terms limits, excludes or affects (and should not be read to limit, exclude or affect) BPM's liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited. Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force which apply to you. You may assert your rights at your sole discretion.
20. Data Protection and Privacy
General data collection
By submitting orders:
- you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data"), in accordance with the terms notified in the "Personal Data" (or similarly entitled) section of the BPM website order submission form.
- you acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing.
In certain circumstances BPM may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to BPM it shall also be regarded as "Personal Data".
BPM may share, make available or transmit Personal Data to other departments and divisions in BPM, and other BPM Group Companies within Europe and (subject to BPM's strict compliance with applicable data protection laws) overseas.
Disclosure to others
BPM will not disclose Personal Data to entities and persons, other than BPM Group Companies and Partners, ("3P's") without your consent, except in the cases below.
Personal Data may be disclosed to 3P's to enable the performance of contracts you are party to or for other purposes specified in these Terms, or in the "Personal Data" (or similarly entitled) section of the BPM website order submission form or telephone call centre ordering process.
Personal Data may be disclosed to 3P's to enable compliance with legal obligations to which BPM or other BPM Group Companies are subject.
- do not use Personal Data other than for the purposes permitted
- obtain and process Personal Data only on condition that they secure that Personal Data from unauthorized use and adopt and comply with similarly stringent policies and terms on Personal Data protection and use, and
- comply strictly with applicable laws.
Where Personal Data is provided in connection with purchase transactions, BPM may transmit Personal Data to 3P's who are credit/fraud probability assessment agencies or 3P's who are otherwise involved in crime prevention, in order to process the acceptability of your tendered credit card or other payment methods or to combat crime, and/or to credit card and other payment processing agencies. Some agencies have advised that transmitted Personal Data will also be used to generate credit, risk or fraud possibility assessments for BPM and other third parties with whom you may enter into transactions.
BPM may use, process and disclose without restriction any anonymous or generic data (including statistics) in which you cannot be identified.
You may request BPM to inform 3P's to whom Personal Data has been communicated of corrections or deletions to that Personal Data. If BPM does not have control of that Personal Data, BPM will use its reasonable efforts to communicate your corrections and deletion requests. However, where Personal Data has been transferred to credit card payment and certain other agencies for payment processing, you may need to contact such agencies directly if you wish Personal Data transferred to those agencies to be rectified or deleted. BPM cannot assume, and excludes all, responsibility for rectifying or deleting Personal Data which has been transferred (with your consent) to certain agencies such as credit or fraud probability assessment, and payment processing agencies, who require and/or assume control of that data. BPM accepts no liability for any incorrect credit or other assessments generated by such 3P's, or any other consequences (including adverse credit ratings) of Personal Data disclosed and used as contemplated in the "Personal Data" (or similarly entitled) section of the BPM website order submission form, and these Terms.
21. Export Control
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
22. Other General
Notices and Communications
Each party (i.e. you or BPM) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable): If by courier or other mode of personal delivery, on the date of personal delivery to such addressee's address as last specified by that addressee before shipping; or  if by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee's address last specified by the addressee before posting; or  if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report.
E-mail communications shall be considered received by the addressee on the earlier of  the earliest time at which the e-mail is accessible by the addressee;  receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee's e-mail address, or  the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by BPM.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
23. Statutory Rights
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.
Standard Warranty Information