Please carefully read the following terms and conditions that govern your access to and use of the website of Buy Zed, located in Brisbane, Australia. By accessing, placing an order via, or using this website, you agree to comply with these terms and conditions, as well as Buy Zed’ privacy policy found at https://www.buyzed.com/privacy-policy. If you do not agree with these terms and conditions, you must refrain from accessing, placing an order via, or using this website.
Definitions and Interpretation
1.1. Definitions
In these Terms and Conditions, the following terms have the meanings specified below:
Business Days: Refers to weekdays when trading banks are open for banking transactions in Brisbane, Australia.
Delivery Agent: Any third-party delivery or shipping company engaged by Buy Zed to deliver the ordered goods.
Delivery Fee: The fees, if any, charged for the delivery of the goods.
Goods: The items offered for sale, described, or displayed on the website.
GST: Goods and Services Tax as defined by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law: Any written rule or collection of rules, including statutes, regulations, orders, rules, government ordinances, by-laws, governmental agency rules, regulations, determinations, customs, policies recognized and enforced by judicial decision.
Order: A request by you to purchase goods from Buy Zed in accordance with these Terms and Conditions.
Personal Information: Refers to information as defined under the Privacy Act 1988 (Cth).
Price: The purchase price of each good specified on the website, including GST.
Privacy Policy: The privacy policy located at https://www.buyzed.com/privacy-policy.
Related Body Corporate: A related body corporate as defined in section 9 of the Corporations Act 2001 (Cth).
Terms and Conditions: These terms and conditions, as amended from time to time, together with the Privacy Policy.
Website: Refers to the website located at www.buyzed.com.
We, Us, Our, or Buy Zed: Refers to Buy Zed, including its directors, employees, independent contractors, or agents.
You or Your: Refers to you as the purchaser of goods from Buy Zed pursuant to these Terms and Conditions.
1.2. Interpretation
In this agreement, unless the context requires otherwise:
(a) A reference to this agreement or another instrument includes any variation or replacement of either of them.
(b) A reference to a statute, ordinance, code, or other law includes regulations and other instruments under it, and consolidations, amendments, re-enactments, or replacements of any of them.
(c) The singular includes the plural and vice versa.
(d) The word “person” includes a firm, a body corporate, an unincorporated association, or an authority.
(e) A reference to a person includes the person’s executors, administrators, successors, substitutes (including persons taking by novation), and assigns.
(f) If a period of time is specified and dates from a given day or the day of an act or event, it is calculated exclusive of that day.
(g) A reference to a day is interpreted as the period of time commencing at midnight and ending 24 hours later.
Background
2.1. This website is owned and operated by Buy Zed, based in Brisbane, Australia.
2.2. By accessing, using, browsing, or placing an order via the website, you agree to be bound by these Terms and Conditions.
2.3. Buy Zed reserves the right to amend these Terms and Conditions at its sole discretion. By using the website, you acknowledge that you have read, understood, and agreed to be bound by the current Terms and Conditions in use.
2.4. If you have any questions about these Terms and Conditions, please contact Buy Zed at [email protected].
Availability of Goods
3.1. You acknowledge and agree that some goods on the website may be out of stock or unavailable from time to time. Additionally, Buy Zed reserves the right to withdraw or suspend the sale of any goods displayed on the website temporarily or permanently without notice. Buy Zed will not be liable for any loss (consequential, direct, or indirect) suffered by you or any third party as a result of the withdrawal or suspension of availability of a particular good.
3.2. You acknowledge and agree that:
(a) The pictures and images of goods displayed on the website are for illustration purposes only, and the appearance and dimensions of the goods may differ in real life.
(b) You have read and fully understand and accept the written description of the goods before submitting your order.
Placing Orders for Goods
4.1. You can place an order by completing and submitting the electronic order form on the website. By doing so, you agree to provide complete and accurate information to enable the processing and delivery of your order.
4.2. Buy Zed will not be liable for any loss suffered by you or any third party due to a delay, cancellation, failure to process, or failure to deliver goods resulting from inaccurate or incomplete information provided by you.
4.3. You must have the capacity to enter into a binding agreement with Buy Zed to place an order. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian.
Acceptance and Rejection of Orders
5.1. Orders placed by you on the website are requests to purchase goods on these Terms and Conditions for the price specified on the website, plus any applicable delivery fee. Buy Zed may accept or reject such requests.
5.2. You will receive an email notification informing you whether your order has been accepted or rejected. Buy Zed will not be liable for any loss suffered by you or any third party due to the rejection of an order.
5.3. Buy Zed reserves the right to accept, reject, or cancel your order for any reason (or no reason) at any time, including but not limited to the unavailability of any goods, errors in the price or description of goods, errors in your order, or the discontinuance of a promotion.
Price and Payment
6.1. Unless otherwise stated, all prices, delivery fees, and other charges quoted on the website are in Australian Dollars and inclusive of GST (Goods and Services Tax), where applicable.
6.2. Buy Zed reserves the right to change or alter prices of goods on the website for any reason and without notice, except for orders already submitted and accepted at a stipulated price. In such cases, there will be no change or alteration in pricing unless the order is affected by a pricing error, in which case clause 5.3 will apply.
6.3. In respect of any order, we will charge you and you agree to pay:
(a) the price specified at the time of order submission and
(b) the delivery fee (if applicable).
6.4. You can pay for your goods using any of the methods specified on the electronic order form on the website, including but not limited to credit card, PayPal, and Afterpay. By paying with a credit card, you authorize Buy Zed to debit your nominated card at the time of order submission. When using PayPal or Afterpay, you confirm that you have read and agreed to be bound by their applicable terms and conditions of use, privacy policy, and other relevant legal documentation.
6.5. Payment for an order must be cleared to our satisfaction before the goods are dispatched. If your payment cannot be processed, your order will be rejected.
6.6. By placing an order and making a payment for the goods, you confirm that you have not engaged in any fraudulent conduct or violated any laws.
6.7. Once your payment for the order has been processed and cleared, you will receive a tax invoice by email.
Shipping and Delivery
7.1. Buy Zed currently delivers orders to Australia and New Zealand. When delivering to New Zealand, you are responsible for all import duties and taxes payable for the order.
7.2. Delivery agents are utilized by Buy Zed to deliver your goods. By placing an order, you agree to provide your delivery details, including the delivery address, to the delivery agent for the purpose of delivering your goods.
7.3. Additional delivery fees may apply if your order incurs additional charges, such as an incorrect delivery address requiring a second delivery attempt.
7.4. During peak periods or circumstances like Christmas, there may be delays in delivery times. Buy Zed is not liable for any loss, damage, cost, expense, or injury suffered by you or any third party due to changes in delivery times or delays in delivery by the delivery agent.
7.5. If you are unavailable to personally accept delivery, your goods may be left with a person at your nominated delivery address who is over 16 years of age.
7.6. You or the person accepting delivery on your behalf may be required to sign a delivery document to confirm receipt. Refusal to sign may be considered a refusal to accept delivery.
7.7. If no one is available to accept delivery, a calling card may be left. It is your responsibility to follow the instructions stated on the calling card.
7.8. If redelivery of goods is required, additional fees may apply.
Title and Risk
8.1. Title and risk in the goods pass to you upon delivery of the goods to the delivery agent.
Order Cancellations
9.1. Unless otherwise provided under these Terms and Conditions, you cannot cancel or change your order once it has been accepted.
9.2. If Buy Zed rejects or cancels your order under these Terms and Conditions and your payment for the goods has already been processed, Buy Zed will refund the price of the goods to you. The timing of the refund will depend on the processing times of your financial institution. Buy Zed is not liable for any loss (consequential, direct, or indirect) you or any third party may suffer due to any delay in processing or paying your refund.
Returns
10.1. Unused goods in their original condition and packaging may be returned within 30 days of delivery. Buy Zed reserves the right to charge a restocking fee and delivery fees for non-faulty returned goods.
10.2. If you wish to return goods, please contact Customer Service at [email protected] to obtain return instructions.
10.3. Certain items, such as pillows, bedding, air purifiers, baby products, SleepPhones, and earplugs, cannot be exchanged or returned due to health reasons unless they are faulty.
Promotions and Discounts
11.1. Buy Zed may run promotions from time to time. Such promotions are governed by their additional terms and conditions, which may vary from these Terms and Conditions.
11.2. All times and dates specified in promotions are based on the local time in Brisbane, Australia, unless otherwise stated.
Warranties You Make
12.1. By placing an order, you represent and warrant that:
(a) You are over the age of 18 or have obtained the consent of your parent or guardian and have the capacity to enter into a contract with Buy Zed.
(b) All information, including personal information, provided by you to us through the website, is true, accurate, complete, and up to date.
(c) You have read, understood, and agreed to these Terms and Conditions when placing your order.
(d) You have complied with all applicable laws.
Use of the Website
13.1. You agree not to engage in any activity that directly or indirectly interferes with or disrupts the operation of the website or its services, or use the website in a manner that adversely affects its availability to others.
13.2. Buy Zed cannot guarantee that the website or any downloadable files or content available on the website or through third-party websites are free from viruses or other harmful conditions. You assume all risks associated with the use of files obtained from the website, and Buy Zed is not responsible for any consequences resulting from their use.
13.3. The website and its contents are provided on an “as is” basis. The website may contain errors, faults, inaccuracies, and may not be complete and current.
13.4. Buy Zed reserves the right to change the website at any time.
Intellectual Property Rights
14.1. The website and all its content are protected by copyright, trademark, and other intellectual property laws in Australia and other countries.
14.2. You acknowledge and agree that Buy Zed owns, controls, or is licensed all legal right, title, and interest in the website, including all intellectual property rights.
14.3. You may not modify or copy the layout or appearance of the website or any computer software or code contained in the website. Furthermore, you may not decompile, disassemble, reverse engineer, or attempt to access any source code related to the website.
14.4. Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary cache copy held in your computer and a single copy for your personal use, you may not use, store, copy, reproduce, publish, alter, adapt, distribute, print, display, transmit, or commercialize any website content (including any substantial part of it) without our prior written consent.
14.5. By corresponding or communicating with us, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display, and distribute the content of your correspondence or communication. This includes publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
Third-Party Websites
15.1. The website may contain links to third-party websites over which Buy Zed has no control.
15.2. Buy Zed is not responsible for the content or privacy practices of third-party websites.
15.3. The inclusion of links to third-party websites is for your convenience and does not imply endorsement or affiliation between Buy Zed and the third party or their products or services.
15.4. When accessing third-party websites, you do so at your own risk and should review the content and terms and conditions of those websites.
Use of Cookies
16.1. Cookies are small pieces of information stored by your browser on your computer’s hard drive. Buy Zed uses cookies to provide site usage information and to improve and develop the goods and services offered.
16.2. Disabling cookies on your web browser may limit your ability to fully experience all features of the website.
Availability, Withdrawal, and Suspension of Service
17.1. While we strive to provide continuous access to the website, we do not warrant that access will be safe, uninterrupted, timely, secure, or error-free.
17.2. Buy Zed may, at its discretion, withdraw or suspend the website or access to it for any reason, including system failure or breach of these Terms and Conditions, without notice or liability to you.
Exclusion and Limitation of Liability
18.1. We do not warrant that the website will be available at all times or provided without fault or disruption.
18.2. Except as expressly stated in relation to specific goods, Buy Zed and its related bodies corporate, directors, officers, employees, agents, contractors, successors, or assignees make no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, material, or goods included on the website, except as otherwise provided under applicable laws.
18.3. To the fullest extent permitted by law, Buy Zed excludes all implied terms and warranties, whether statutory or otherwise, relating to the goods or the subject matter of these Terms and Conditions, except where such exclusion is prohibited by law.
18.4. Where any law provides a consumer guarantee that cannot be lawfully excluded, our liability will be limited to the extent provided by that law.
18.5. Buy Zed and its related bodies corporate, directors, officers, employees, agents, contractors, successors, or assigns will not be liable for any losses, costs, or damages (direct, indirect, punitive, incidental, special, or consequential) arising out of or related to:
(a) the website,
(b) your use of the website and any linked sites,
(c) any information obtained through the website,
(d) goods supplied to you following your use of the website,
(e) reliance on or failure to act on any information or service contained on or accessed through the website,
(f) withdrawal or suspension of availability of goods,
(g) errors, mistakes, inaccuracies, or omissions on the website,
(h) personal injury or property damage resulting from your access to or use of the website,
(i) any unauthorized access to or use of our secure servers, personal information, or financial information stored on those servers,
(j) any bugs, viruses, trojan horses, or other harmful code or communications transmitted to or through the website by any third party,
(k) the quality of any product or service of linked sites, or
(l) inability to use the website or any delay in using the website, including interruptions to or cessation of access to the website.
18.6. Our liability for loss or damage arising from these Terms and Conditions will be reduced or limited to the extent that you directly or indirectly cause or contribute to the loss or damage.
18.7. You accept sole responsibility for the legality of your actions under applicable laws. Buy Zed, its affiliates, related entities, or suppliers are not responsible for the legality of your actions.
Indemnity
19.1. You agree to indemnify and hold Buy Zed, its related bodies corporate, directors, officers, employees, and agents harmless from any loss or liability (including reasonable legal costs and expenses) incurred or suffered by you or us arising from any claim, demand, suit, action, or proceeding by any person against you or us resulting from your conduct or breach of these Terms and Conditions.
Termination
20.1. You may stop using the website at any time for any reason.
20.2. Buy Zed may suspend or limit your access to the website without notice or liability for any reason in its absolute discretion.
20.3. Buy Zed reserves the right to terminate these Terms and Conditions and your access to the website at any time.
20.4. The exclusions and limitations of liability in these Terms and Conditions will survive termination or suspension of your access to the website.
General
21.1. Buy Zed may amend these Terms and Conditions at its sole discretion at any time. Any variations will take effect upon posting on the website. The Terms and Conditions applicable at the time of order will govern your relationship with Buy Zed regarding that order.
21.2. Notice from Buy Zed may be sent via email. You can give notice to Buy Zed by sending an email to [email protected].
21.3. If any provision of these Terms and Conditions is prohibited or unenforceable in any jurisdiction, it will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. This does not invalidate the remaining provisions of these Terms and Conditions or affect the validity or enforceability of that provision in any other jurisdiction where it may be lawful.
21.4. Failure or delay by Buy Zed to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right. The exercise of a power or right by Buy Zed does not preclude its future exercise or the exercise of any other power or right by Buy Zed.
21.5. Your use of the website is governed by and construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of the website are subject exclusively to the jurisdiction of the courts of New South Wales, Australia.
21.6. The website may be accessed throughout Australia and overseas. Buy Zed makes no representations that the content of the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction in which you access the website.