TERMS AND CONDITIONS

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY AND WEBSITE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

TERMS AND CONDITIONS

 

Acknowledgement and acceptance of Terms and Conditions

The website http://www.biglot.com.au (Website) is owned and operated by Big Lot Pty Ltd (ABN 57 683 690 717)

By accessing, using or browsing the website and any of its associated services and functionality (including the website and any related sites), you agree to be bound by these terms and conditions and privacy policy.

Please read these Terms and Conditions carefully before placing your order with Big Lot as they contain important information about the ordering, processing, fulfilment and delivery of products.

If you do not agree to any Terms and Conditions, you must not use or continue to use the Website.

 

Big Lot Pty Ltd reserves the right to amend the Terms and Conditions from time to time in its sole discretion and, by using the website at any time, you acknowledge that you have read, understood and agree to be bound by the current Terms and Conditions in use. 

If you do not understand any of the Terms and Conditions, or if you have any questions, please contact our Customer Service using the info@biglot.com.au

 

1. Definitions

The following apply to these Terms and Conditions.

• Business Days means a weekday in which trading banks are open for the transaction of banking business in Queensland, Australia.
• Delivery Address means the address to which the goods are to be delivered as stated on the electronic Order form on the Website.
• Delivery Fees means the fees charged for the delivery of goods in accordance with clause 12.3, as amended from time to time.
• Product means the items offered for sale, described or displayed on the Website.
• GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999.
• Order means a request by you to purchase products from Big Lot Pty Ltd in accordance with these Terms and Conditions.
• Price means the purchase price of each product as specified on the website (including GST).
• Privacy Policy means the Big Lot Pty Ltd Privacy Policy found on the website. 
• Terms and Conditions means these terms and conditions, as amended from time to time.
• Website means http://www.biglot.com.au
• “We”,  “Us”, “Our” or “Big Lot” means any of Big Lot Pty Ltd directors or employees.
• “You” or “Your” means you as the purchaser of product from Big Lot pursuant to these Terms and Conditions.

 

2. Using the Website

2.1.  You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the website or its services in anyway (or the servers and networks which are connected to the website) or use the website in a manner that adversely affects the availability of its resources to others.

2.2. Big Lot Pty Ltd cannot guarantee that any file or program available for download and/or execution from or via the website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.  You assume all risk of use of all programs and files on this site, and you release Big Lot Pty Ltd entirely of all responsibility of any consequences of its use.

2.3. The website and its contents are provided to you on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.

2.4. We reserve the right to change the website at any time.

 

3. Availability of Products

3.1. You acknowledge and agree that from time to time, some products on the website may be out of stock or unavailable.

3.2. We reserve the right to withdraw or suspend any products displayed on the website from sale either temporarily or permanently at any time without notice to you.  Big Lot Pty Ltd will not be liable to you for any loss (consequential, direct or indirect) you or any third party may suffer because of a withdrawal or suspension of availability with respect to a particular product.

3.3. Where your order is affected by an error on the website (for example, in relation to a description of the product, an image, price or otherwise), we will contact you.

3.4. You acknowledge and agree that:

3.4.1. All pictures and images of products displayed on the website are for illustration purposes only, and the sizes and dimensions of product may differ in real life.

3.4.2. You have read and fully understand and accept any corresponding written description of the products prior to submitting your order.

3.4.3. The colour of products shown on the website may vary slightly or in shade in real life.

3.4.4. The designs and colours of fabric may vary slightly from one product to another.

3.4.5. We reserve the right to make any changes to internal specifications of our products or minor external changes where necessary which may not be displayed or apparent on the website.  These will be apparent if orders are placed at different times.

3.4.6. Where we provide dimensions and measurements in the descriptions of a product (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your order (including whether the product will be capable of delivery to your delivery address due to sufficient, appropriate and safe access); and

3.4.7. Any accessory featured with the product is or may be for illustration purposes only and sold separately unless otherwise stated.

 

4. Placing Orders for Goods

4.1. You may place an order through the website by submitting the electronic order form on the website.

4.2. In completing the electronic order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your order.  This information will also be used by the delivery agent to fulfil your order.  Big Lot Pty Ltd will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver your order to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an order by you.

4.3. You also agree to obtain consent to provide Big Lot Pty Ltd any personal details for nominated recipients of gifts.

4.4. You may order from Big Lot Pty Ltd if you are aged 18 years or over, have an active email account and a telephone number at which you can be easily contacted.

4.5. Once you submit your order, cancellations of your order or changes to the products in your order cannot be made. However, we might allow you to return the product in accordance with these Terms and Conditions.  You must check your order carefully prior to submitting your order with us.

4.6. Where you place consecutive or separate orders for products, we cannot consolidate the orders into one.  A separate delivery fee will apply to each order.

4.7. You will be provided with an automatic order number upon submission of your order to the website. The order number is required when contacting Big Lot Customer Service in relation to your order.

4.8. You agree to make your own enquiries to verify information provided and to assess the suitability of the products before you order the product.

 

5. Acceptance and rejection of Orders

5.1. Products displayed on the website do not constitute an offer to sell.  It is an invitation to treat only.

5.2. Orders placed by you on the website are offers to purchase particular products on these Terms and Conditions at the price specified (plus the Delivery Fee) at the time you submit your order.  

5.3. When we accept an order, it represents an agreement by Big Lot Pty Ltd to supply you with the products in accordance with the order and these Terms and Conditions.

5.4. To the extent permitted by law, Big Lot Pty Ltd reserves the right to accept or reject your order for any reason (or no reason) at any time including, but not limited to, the unavailability of any product, an error in the price or product description, an error in your order or the discontinuance of a promotion.

5.5. In the event that we reject an order under the above clause, we will notify you of that rejection and the reason for rejection via email. Big Lot Pty Ltd will not be liable to you for your loss or that of any third party for the rejection of an order.

5.6. If we are unable to contact you in relation to your order under these Terms and Conditions using the contact details you provide during the order process after having made reasonable attempts to contact you, we will reject the order under clause 5.4 and we will notify you of that rejection via phone or email. Big Lot Pty Ltd will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of an order.

6. Price and Payment

6.1. Unless otherwise stated, all prices, delivery fees and other charges quoted are in Australian Dollars and where applicable, are inclusive of goods and services tax (GST).

6.2. The price in respect of a product is specified on the website.

6.3. Big Lot Pty Ltd reserves the right to change or alter prices of products on the website for any reason and without notice to you, unless you have already submitted an order at a stipulated price and that order has been accepted by us, in which case there will be no change or alteration in pricing (provided your order is not affected by a pricing error, in which case clause 3.4 will apply).

6.4. In respect of any order, we will charge you and you agree to pay:

6.4.1 The price (which is the price at the time the order is submitted); and

6.4.2. The delivery fee.

6.5. You can pay for your products by any of the methods specified on the electronic order form on the website.  When paying by credit card, you authorise Big Lot Pty Ltd to debit your nominated card at the time you submit your order. The name on the credit card used for the payment must match the name on the order.

6.6. You acknowledge and agree that any payment in respect of an order must be cleared by Big Lot Pty Ltd to its satisfaction before products which are the subject of an order are despatched.  If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions, and you will be notified of this on the website. In such instances we cannot and will not hold the products against your order and we do not guarantee that the products will be available should you try to order again. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card or use an alternative payment method in order to continue with your order.

6.7. In ordering, paying or attempting to pay for the products, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

6.8. You will receive a tax invoice by email once payment in respect of your order has been processed and cleared pursuant to clause 6.6.

 

7. Shipping and Delivery

7.1. Delivery Agents

Big Lot Pty Ltd uses Delivery Agents to deliver your products. You agree to your details including your delivery address to be supplied to the delivery agent for the purpose of delivering your Goods.

7.2. Delivery Areas

Delivery is restricted to the delivery agent’s pre-defined delivery area 

7.3. Delivery Fees

Delivery fees vary for different products and are calculated based on the size and weight of your order and its destination. The delivery price for each order will be displayed during the checkout process, prior to payment and order confirmation and included in the total price of your order. 

7.4. Estimated Delivery Time Frames

Subject to this clause and the delivery agent, Big Lot Pty Ltd aims to dispatch the order from our warehouse in the next 3 business days (outside special sale events).

Our Delivery Agent, provides a delivery estimate of:

(i)         3-7 business days Australia wide for capital cities and surrounding suburbs.

(ii)        5-14 business days for regional areas.

We cannot guarantee same‑day delivery for orders that are split in accordance with this clause.

From time to time, Big Lot Pty Ltd and Big Lot Pty Ltd’s delivery agent may not be able to achieve the delivery time frames. You acknowledge and agree that notwithstanding anything else in this clause:

(a) Big Lot Pty Ltd cannot guarantee that delivery will occur in the delivery time frames;

(b) Delivery time frames may change from time to time due to unforeseen circumstances; and

(c) Big Lot Pty Ltd is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery by Big Lot Pty Ltd’s Delivery Agent.

During major sales events or COVID lockdown orders may experience delivery delays.  

 

General Terms for Delivery

7.5. Delivery of products will take place at the delivery address specified by you during the order process.  You will need to submit a separate order for products where you require multiple delivery destinations.

7.6. If you are not personally available to accept delivery, you may appoint a representative to do so on your behalf. The representative must be over 16 years of age and capable of receiving the delivery. You agree that our delivery agent may rely on the representative’s instructions as if they were your own.

7.6.1. If neither you nor your nominated representative is available at the time of delivery, the delivery agent will assess whether there is a safe and suitable location at the delivery address to leave the order. If the delivery agent determines that it is safe to do so, the order will be left at the premises. If no safe location is identified, the delivery agent will leave a calling card with instructions for arranging redelivery or collection. Any fees associated with redelivery may be payable by you.

7.7. You or your nominated representative may be required to sign a delivery manifest to confirm that delivery has taken place. Refusal to sign the delivery document will be treated as a refusal to accept delivery. Where redelivery is required due to refusal to accept delivery, you may be required to pay any associated redelivery fees.

7.8. If products are required to be redelivered for any reason, you may be required to pay any associated redelivery fees.

7.9. Upon delivery, you must inspect your products and ensure they match your order. If the products are incorrect, missing, or show obvious transit damage, you must contact Big Lot Customer Service within 3 Business Days.

7.10. Insurance and express delivery are not available in respect of your order.

 

8. Packaging and Labelling

We endeavour to depict products available for order using accurate images of the products. At times, however, products delivered may differ in appearance and packaging from their appearance in images and photographs on the website.

  

9. Order cancellations

9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to orders will be accepted, and the products will be delivered to the stated delivery address in accordance with these Terms and Conditions. Therefore, you must carefully check that your order is accurate before you submit it to us.  

9.2. Where we reject or cancel your order under these Terms and Conditions, and your payment for the products has been processed, we will refund the price of the product to you in accordance with these Terms and Conditions.  Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.  Big Lot Pty Ltd is not liable with respect to any loss (consequential, direct or indirect) you or any third party might suffer as a result of any delay in processing or paying your refund.

 

10. Returns

10.1. Change of Mind Returns (including orders not yet dispatched) If you wish to cancel your order for Change of Mind — including orders that have not yet been dispatched — a Change of Mind Return Fee will apply. This fee covers administrative, handling and restocking costs associated with processing the cancellation or return.

For dispatched orders, goods must be unused, in original condition and packaging, and returned within 7 days of receiving your delivery, along with the original Tax Invoice. The Change of Mind Return Fee will be deducted from your refund amount. Please refer to our Change of Mind Policy for full details, including applicable fees and eligibility requirements.

10.2. No postal exchange service is provided.

10.3. For products confirmed to have a manufacturing fault, an appropriate remedy will be provided. This may include a replacement part, a full product replacement, or a refund, depending on the nature and extent of the fault.

10.4. For return of faulty products please contact Big Lot Customer Service.  

10.5. It is a condition of Visa, MasterCard and other card schemes that refunds be processed on the same card as the original payment was made to minimise the possibility of fraudulent activity on cards. Big Lot Pty Ltd is required to comply with all card scheme rules to be able to accept these card types, and as such, all your refunds will be credited to the card you nominated in your order.

 

11. Promotions and Discounts

11.1. From time to time Big Lot Pty Ltd will run temporary promotions and offer discounts on products sold through the website.  Such promotions will be subject to change or alter in pricing anytime by Big Lot Pty Ltd unless you have already submitted an order and accepted by us.

11.2. All reference to times in promotions are based on the local time in Brisbane, Australia unless otherwise stated.

   

12. Termination

12.1. You may stop using the website at any time for any reason.

12.2. We may suspend or limit your access to the website in our absolute discretion without notice or liability to you for any reason including:

·         If you breach any one of these Terms and Conditions;

·         If we are required to do so by applicable law;

·         If you use the website for any activities which breach any applicable laws, regulations, standards or codes, or infringe a third party's rights or privacy;

·         If you tamper with, hinder the operation of or make unauthorised modifications to the website including the storage or transmission of any virus or disabling feature to the website;

·         If you make any fraudulent, speculative or vexatious enquiries;

·         If you provide false information when using the Website;

·         If you attempt to do any of the above acts or permit or assist another person to do any of the above acts.

12.3. Big Lot Pty Ltd reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the website:

(a) For Big Lot Pty Ltd ‘s convenience, at any time, upon provision of notice to you;

(b) Immediately:

(i) If Big Lot Pty Ltd reasonably believes that you have breached any of these Terms and Conditions, and that breach is not capable of immediate remedy; or

(ii) If you have been provided with notice of the breach, and you have failed to remedy that breach within 7 days (where the breach is able to be remedied).

12.4. The exclusions and limitations of liability made by us in these Terms and Condition will survive termination or suspension of your access to the website.

 

13. No Commercial Use

13.1   Our goods are for your personal, non-commercial use only.

 

14. General

14.1. Big Lot Pty Ltd reserves the right at all times to make changes to these Terms and Conditions.  Any variations to these Terms and Conditions will take effect from posting on the website.  The Terms and Conditions which apply at the time of order are those that govern your relationship with Big Lot Pty Ltd with respect to that order.

14.2. A failure or delay by Big Lot Pty Ltd to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Big Lot Pty Ltd does not preclude its future exercise or the exercise of any power or right by or on behalf of Big Lot Pty Ltd.