Terms & Conditions

Please read the following Terms of Use carefully before using this website (the "Site"). By accessing this website (including ordering products), you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. If at any time you do not agree to these Terms of Use, please do not use this website.

This website is operated by Bomng. Throughout this website, the terms "we", "us" and "our" refer to Bomng and its affiliates ("Bomng"). Bomng offers this website, including all information, tools and services available through this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The accuracy, completeness and timeliness of the information on this website
We are not responsible even if the information provided on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is entirely at your own risk. This website may contain information that is out of date. Outdated information is not necessarily the most current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility to monitor this website for changes.

 

Accessing And Using The Site

As a condition of your access to and/or use of the Site, you warrant that:-

  • all information supplied by you on the Site is accurate, current and complete;
  • you are 18 years of age or older in order to access and/or use the Site; and
  • you will not copy or distribute any part of the Site in any medium without Bomng's prior written authorization.

You shall be solely responsible for your access to and/or use of the Site and its materials herein.

Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.

Prohibited Activities

You agree and undertake not to:

  1. Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
  2. Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  3. Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site's data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
  4. Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.

 Links To Third Party Sites

The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Bomng, including third party payment system providers. You acknowledge and agree that Bomng is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Bomng  from any and all liability arising from your access and use of any third party website.

We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them. 

Warranties And Liability

The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.

Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-

  • life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Bomng;
  • improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
  • third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
  • any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment.

You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and Bomng does not retain or process any such payment information.Bomng cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Bomng is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Bomng is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Bomng from any and all liability in connection with the acts, omissions or defaults of such third parties.

  1. To the extent permissible at law: We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;
  2. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.

Indemnities

You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of: 

  1. Your access of, use of and/or participation in this Site; 
  2. Breaches of your obligations under these T&Cs; 
  3. Your violation of any rights of another person or entity; and/or
  4. Your breach of any statutory requirement, duty or law. 

 

Termination

We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-

  • Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
  • Issuing a warning to you;
  • Forfeit the points you have accumulated under the loyalty program; 
  • Commencing legal proceedings against you for loss resulting from your breach; and
  • Disclosure to law enforcement authorities of such information as we reasonably deem necessary.

We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

Orders & Payments

You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.

We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an "Order"). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.

If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all unpaid orders will be cancelled automatically after an hour. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we deliver your order.

We accept all major credit cards and PayPal.

Product Description And Defects

We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

Minor variations in measurement (within 1 inch) are not considered a defect. You are responsible for ensuring that your sizing measurements are accurate. If you believe you have received a defective item, at servic@bomng.com with your order number, and a photograph of the defect.

Returns

Returns and defective Goods will be handled in accordance with our Returns Policy.

 

Delivery and Shipping

1.1Shipping and delivery will be handled in accordance with our Shipping Information page.
1.2Delivery of the Goods (Delivery) is taken to occur at the time that:
(a)you, or your nominated carrier takes possession of the Goods at the Bomng address; or
(b)Bomng(or Bomng nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.
1.3You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Bomng shall be entitled to charge a reasonable fee for redelivery and/or storage.
1.4Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time.  Bomng will not be held liable for any loss or damage suffered as a result of any delay in delivery.  However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.

 
Risk and Title

If you or your freight company are collecting the Goods from us, risk of damage to or loss of the Goods and the collection passes on to you  and you must insure the Goods on or before Delivery.   If we are arranging delivery of the Goods, then risk and title of the Goods passes to you upon Delivery.

 Termination

1.1Without prejudice to any other remedies, Bomng may:
(a)cancel all or any part of any order or suspend or terminate the supply of Goods to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
(b)terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election, or
(c)suspend your access to the Websites.
1.2If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Goods paid for but not supplied.  To the maximum extent permitted by law, Bomng will not be liable to you for any further loss or damage you suffer because Bomng  has exercised its rights under this clause or these Terms.

Intellectual Property

1.1All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Bomng, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.  
1.2You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Bomng. 
1.3Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Bomng’s intellectual property rights, whether by estoppel, implication or otherwise. Bomng reserves all rights not expressly granted in the Services.
1.4Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a)copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Bomng IP or our Services or cause or assist others to do so;
(b)challenge Bomng’s ownership of Bomng IP;
(c)infringe Bomng IP; or
(d)use or make any intellectual property that is similar to Bomng IP.

 Privacy

You agree to allow Bomng to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy.  Please see our Privacy Policy for information about our privacy practices.


Unauthorised access and malicious materials

1.1You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services.  You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
1.2To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.


 Hyperlinks and Third Party Content

1.1Our Services may, from time to time, contain links to and from websites which are owned or operated by third parties.  You acknowledge and agree that Bomng does not control, and is not responsible for the content, quality, nature, or reliability of any material that is posted, contained in or provided by any other user, third party, advertiser or website or hyperlink (including links to other applications) that is contained in the Services.  Bomng is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any sponsorship, affiliation or endorsement by Bomng of any such material except where otherwise stated by Bomng in writing.
1.2Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions.  You understand and agree that you access any such third party websites and applications at your own risk and that Bomng is not liable for any information on, or the privacy practices of, any third party websites.

 Limitation of Liability

1.1To the maximum extent permitted by law, neither Bomng, nor any of its employees, agents, affiliates, and any officer, director, employee, sub-contractor, agent, body corporate or successor; and any third party supplier of any material on the Websites, their affiliates, and any officer, director, employee, subcontractor, agent, body corporate or successor, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:
(a)any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
(b)any, use of the information on or access to Services including if for any reason the Services are unavailable at any time or for any period; 
(c)any delay or failure in the provision of our Services;
(d)any errors in, or omissions from, the information contained in the Services;
(e)any loss of data; 
(f)any goods or services supplied by Bomng; or
(g)these Terms or any breach of these Terms.
1.2You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.
1.3To the maximum extent permitted by law, Bomng liability under these Terms shall be limited to any one or more of the following:
(a)the replacement of the Goods or re-supply of equivalent goods or services;
(b)the repair of such Goods or Services;
(c)the payment of the cost of replacing the Goods or services or of acquiring equivalent goods or services or a refund of the purchase price; or
(d)the payment of the cost of having the Goods repaired.
1.4To the extent permitted by law, Bomng expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
1.5This clause survives termination of these Terms.

Updates

We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.

If we decide to change our T&Cs for the Site, we will post the revised T&Cs here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our T&Cs. Any changes will not affect any Orders that you have placed, and that we have accepted, prior to the date of the change. Your continued use of the Site indicates your assent to the T&Cs as posted.

These T&Cs incorporate our Privacy Policy as may be updated from time to time at www.bomng.com/intl/privacy-policy. If you have any questions about our T&Cs or Privacy Policy, please contact us at service@bomng.com for enquiries about our T&Cs and Privacy Policy.