BRITA Australia Terms of Sale

1              About these Terms of Sale

1.1           In these Terms of Sale:

“Australian Consumer Law” means the provisions set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); 

“BRITA Australia”, “we”, “us” and “our” means BRITA Water Filter Systems Distributors Pty Ltd (ACN 058 740 757) of Level 9, 123 Epping Road, North Ryde NSW 2113; and

“BRITA Australia Online Store” means the online store located at https://store.brita.com.au.

1.2           These Terms of Sale apply to all purchases of product(s) directly from BRITA Australia.  If you do not accept these Terms of Sale, you should refrain from purchasing product(s) from BRITA Australia.  If you do not understand these Terms of Sale or if you have any questions please contact our Customer Service Team on the below details to assist you. 

BRITA Australia Customer Service Team

Phone: 1300 557 765

9:00 - 17:00 (Monday – Friday) 

Email:  help@brita.com.au 

1.3             If you use the BRITA Australia Online Store to purchase any product(s) from BRITA Australia, our Website Terms also form part of these Terms of Sale.  Our Website Terms are available at https://store.brita.com.au/terms-and-conditions.

1.4             By purchasing any product(s) from BRITA Australia, you agree to enter into a contract with BRITA Australia in accordance with these Terms of Sale for the sale and supply of the relevant product(s).  Each purchase by you from BRITA Australia will be a separate contract between you and BRITA Australia.  BRITA Australia may, at its discretion, refuse to enter into a contract with you. 

1.5             These Terms of Sale may be changed or updated by BRITA Australia from time to time.  The Terms of Sale made available to you at the time that you purchase any product(s) from BRITA Australia will be the Terms of Sale that apply to that purchase.

2                 Capacity

2.1             By purchasing any product(s) from BRITA Australia, you acknowledge that you:

                  (a)              are at least eighteen (18) years of age or you have permission from a parent or guardian to enter into these Terms of Sale; and

                  (b)              have the legal capacity to enter into these Terms of Sale. 

3                 Price

3.1             All prices specified by BRITA Australia are in Australian dollars and are inclusive of GST.

3.2             BRITA Australia reserves the right to change the prices of any product(s) at any time without notice to you.  The price displayed at the time you confirm your order in relation to the relevant product(s) is the price that will apply to your purchase. 

4                 Shipping costs

4.1             In addition to the price specified by BRITA Australia for any product, you may also be required to pay any applicable shipping costs.

4.2             Any shipping costs that apply to your purchase:

                 (a)              will not be included in the price specified by BRITA Australia for the product(s) but will be confirmed at the time of purchase;

                 (b)              may vary depending on the product(s) that you purchase and where it needs to be delivered; and

                 (c)              will be calculated based on the size and weight of the product(s).

5                 Payment

5.1             By confirming your order for any product(s) from BRITA Australia, you agree to pay the price specified by BRITA Australia for the relevant product(s) and any applicable shipping costs.

5.2             Any payments made via the BRITA Australia Online Store, will be subject to the terms and conditions of the online merchant facility that processes your payment and may include merchant fees.

6                 Delivery

6.1             BRITA Australia will not deliver any product(s) ordered until you have paid the price for the relevant product(s) and any applicable shipping costs in full. 

6.2             BRITA Australia will deliver any product(s) purchased by you to the delivery address specified by you at the time of purchase (the “Delivery Address”).  Unfortunately BRITA Australia does not currently ship to PO Box addresses.  If you require delivery to multiple Delivery Addresses, you may need to make separate purchases from BRITA Australia for the relevant products (with additional shipping costs).

6.3             BRITA Australia may use third party delivery agents (including Australia Post) to deliver product(s) purchased and it is BRITA Australia’s understanding that delivery will generally occur:

                  (a)              between 3 - 10 business days after dispatch for smaller items, depending on the Delivery Address; and

                  (b)              on week days only.

6.4             While BRITA Australia uses reasonable endeavours to deliver product(s) by the date specified in any order, you acknowledge and agree that:

                  (a)              BRITA Australia cannot guarantee that delivery will occur in the stated delivery time frames;

                  (b)              delivery time frames may change from time to time due to unforeseen circumstances (including any force majeure event); and

                  (c)              except where required by applicable law, BRITA Australia 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.

6.5             If we are unable to deliver your product(s) to the Delivery Address due to:

                  (a)              the size of the package;

                  (b)              any restrictions on access to the Delivery Address; or

                  (c)              it being unsafe or impractical to make delivery,

 A calling card will be left for you notifying you of where the product(s) have been delivered for collection by you.  It is your responsibility to follow the instructions      stated on the calling card.  Within Australia, undeliverable product(s) will generally be left at a local Australia Post outlet.

6.6             Title and risk in any product(s) purchased by you will pass to you on the date and time of delivery or attempted delivery at the Delivery Address.

6.7             Upon delivery, you must inspect the product(s) and check that the product(s) delivered are those that you have purchased.  If any product is faulty, damaged, missing, incorrect or does not match its description, you should contact our Customer Service Team. 

7                 Return Policy

7.1             Your right to a replacement or refund offer under this clause is in addition to your rights under the statutory guarantees in the Australian Consumer Law.  Your rights under those laws may extend beyond 30 days.  

7.2             We want you to be satisfied with your purchased products, so if you receive a product that is faulty, damaged, missing, incorrect, does not match its description or you are not completely satisfied with the purchase, please contact our Customer Service Team (refer to clause 1.2 for contact details) to arrange a replacement or refund within 30 days of the purchase date. 

7.3             When you contact our Customer Service Team, please provide the following information:

                 (a)              Your name, address and daytime contact number;

                 (b)              Product name;

                 (c)              Online Purchase Order number (if applicable);

                 (d)              Reason for return; and

                 (e)              Whether you would like a replacement or refund.

7.4             Your return of any product(s), will be subject to the approval of BRITA Australia.  When your product is approved for return, we will contact you with instructions on how and where to send the product, as well as providing you with a return authorisation number to be included with your return. Please do not return any product without first receiving a return authorisation number.

7.5             Where the product is being returned pursuant to this replacement or refund offer, unless otherwise agreed:

                  (a)              all returned products should be in the original condition with all packing material, manuals and registration card(s); and

                  (b)              any replacement or refund is subject to approval by our Customer Service Department Team.

7.6             If you are returning any product(s) for a refund, you should allow 14 business days from the time the product is returned for the refund to be processed.  Any refund will be in the same form as the initial payment.  We will issue you with a refund (less any shipping costs, if applicable) once we have received the returned item.  

7.7             You will bear any shipping costs incurred as a result of your return of a product unless you are returning the product for being faulty, damaged, missing, incorrect or not matching its description.  In such circumstances, the shipping costs will be borne by BRITA Australia following confirmation by our Customer Service Team of the relevant condition and BRITA Australia will provide you with a reply paid sachet for you to use when returning the goods. 

8                 Our liability to you

8.1             Nothing in these Terms of Sale is intended to exclude, restrict or modify any rights and remedies that might be available to you under the Australian Consumer Law.

8.2             In addition to any statutory rights that you may have, BRITA Australia warrants certain of its products against defects for a period of time following the date of purchase. 

8.3             Our products come with guarantees that cannot be excluded under the Australian Consumer Law.  If you have purchased a product that is ordinarily acquired for personal, domestic or household purposes and, in respect of that product, BRITA Australia beaches any warranty or guarantee that cannot be excluded, you may be entitled to:

(a)              a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage; or

(b)              have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.4             If you have purchased a product that is not ordinarily acquired for personal, domestic or household purposes and, in respect of that product, BRITA Australia breaches any warranty or guarantee that cannot be excluded at law, to the fullest extent permitted by law and at BRITA Australia’s sole election, BRITA Australia’s liability is limited to:

                  (a)              replacement of the relevant product;

                  (b)              supply of an equivalent product;

                  (c)              repair of the relevant product; or

                  (d)              payment of the cost of the repair or replacement of the product or equivalent product.

8.5             Subject to clauses 8.3 and 8.4 above, to the full extent permitted by law, any liability of BRITA Australia (whether in contract, tort (including negligence) or any other basis in law or equity) arising out of or in connection with these Terms of Sale:

                 (a)              for loss of profit, loss of revenue, loss of anticipated savings, loss of use, loss of goodwill, loss of data and any loss that does not arise naturally or according to the usual course of things from a breach, act of omission relating to these terms (“Indirect Loss”) is excluded; and

                 (b)              for all other losses other than indirect loss, is limited to the greater of:

                                   (i)               $10; and

                                   (ii)              the price you paid for the product that is the subject of the claim.

8.6             You agree to indemnify BRITA Australia and its related bodies corporate (including any directors, officers, employees and agents) against any loss, damage, cost or expense suffered as a result of your conduct or breach of these Terms of Sale.

9                 Force Majeure

9.1             BRITA Australia will not be liable to you for any delay in performing its obligations under these Terms of Sale if such delay is caused by circumstances beyond BRITA Australia’s control, including but not limited to, failure or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

10              Privacy

10.1           BRITA Australia may use your personal information that is collected when you purchase any product(s) from BRITA Australia pursuant to these Terms of Sale.  BRITA Australia will comply with privacy laws and BRITA Australia’s Privacy Policy when we collect, use or deal with your personal information.  You can access and read BRITA Australia’s Privacy Policy at https://store.brita.com.au/privacy-policy.   

10.2           By purchasing any product(s) from BRITA Australia you agree to your personal information being collected, used or dealt with in accordance with BRITA Australia’s Privacy Policy.

11              General

11.1           If any term in these Terms of Sale is found by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, that term shall be severed to the extent of the invalidity and unenforceability with no effect to the validity or enforceability of the remaining terms.

11.2           These Terms of Sale constitute the entire agreement between you and BRITA Australia concerning your purchase of any product(s) and supersede all prior representations, contracts, statements and understandings, whether verbal or in writing. 

11.3           Any failure by BRITA Australia to exercise or enforce any right or provision under these Terms of Sale shall not constitute a waiver of any of BRITA Australia’s rights. 

11.4           The governing law of these Terms of Sale is New South Wales and you agree to submit to the exclusive jurisdiction of the courts of New South Wales.  

To top