Customer Terms and Conditions

 

1 General

  • These Customer Terms and Conditions (Terms) are a binding agreement between you and Brisbane Airport Corporation Pty Limited (ACN 076 870 650) (referred to as 'us', 'we' or 'our' in these Terms).
  • By accessing or using the Marketplace BNE website (Website) (https://marketplace.bne.com.au/), and / or purchasing products via the Website, you agree to be bound by these Terms and our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL) in relation to such use or purchase. You should review these Terms and our Privacy Policy carefully and cease using the Website if you do not agree to them. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Website.
  • We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. You should regularly check these Terms to make sure you are familiar with the most current version.

2 Marketplace BNE purchases and your account

  • You may create an account with us to access some features of the Website. You may not set up an account for someone else.
  • When you create your account with us, or purchase a product from us, you will be required to provide us with personal information such as your name, mailing address, email address and phone number. If you place an order for someone else to receive products you must obtain their consent before providing us with their personal information and, by placing an order, you confirm to us that you have done this. You must ensure that all personal information is accurate and current.
  • If you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
  • When you create an account or make a purchase via the Website, you represent and warrant that:
  • you are at least sixteen years of age, or if your order includes alcohol that you are at least eighteen (18) years of age;
  • you possess the legal right and ability to enter into a legally binding agreement with us;
  • you have an active email account or a telephone number at which you can be contacted;
  • all details that you have provided are true and correct; and
  • you will use the Website in accordance with these Terms.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

3 Orders

  • You must review your order carefully before placing it.. We do not proofread to identify, or correct, any mistakes you may have made when finalising your order.
  • Once an order is confirmed, you are unable to cancel it.
  • Products on Website

  • The inclusion of any products on the Website at a particular time does not imply or warrant that the products will be available at any time.
  • A product displayed on the Website does not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular products in accordance with these Terms at the price specified (plus delivery and other charges).To the extent permitted by law (including the Australian Consumer Law), we reserve the right to accept or reject your offer for any reason, including without limitation the unavailability of any product, limitations on quantities available for purchase, an error in the price or product description or an error in your order, your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or to any law, these terms and conditions provide that we may not deliver your order. We may do this even if we have received payment from you. Any such rejection of your offer shall be by giving you such reasonable notice as we are able to provide via any of the contact details we have for you.
  • In the event that we cancel or are unable to fulfil your order (including because a product has become unavailable or we cease selling the product for any reason whatsoever), we will provide a full refund of any payment received. Except as required by law (including the Australian Consumer Law), we will not be liable to you for any resulting loss such as you purchasing the product from another retailer at a higher price (including delivery and other charges).
  • In the case of an out of stock product, we will contact you via email or phone, notifying you of a delay in the shipment of the order and your order options.
  • We endeavour to depict products available for order using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.
  • As we are dependent upon our suppliers to provide stock, we cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain products may be out of stock or unavailable. We reserve the right to withdraw or suspend from sale any products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5 Price and payment

  • The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.
  • Prices are current at the time of display but are subject to change without notice.
  • All payments must be received in full prior to dispatch of your order. Payment options will be provided at the point of purchase.
  • If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold the product for you. In such instances we do not guarantee that the product will be available should you try to order it again.
  • Where offered by us, a discount / coupon code may only be redeemed once per household for orders. These codes may not be used in conjunction with any other discounts. Only one discount / coupon code may be used per order.
  • The payment card holder must be either the billing or shipping recipient.
  • If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card account.
  • If we are unable to successfully process your credit card for your order, then we may cancel your order.
  • We reserve the right to conduct and implement fraud detection processes (which may include review by an external fraud prevention provider), including without limitation to validating your credit card details. If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details (for example, providing identity documents and/or answering questions by phone), or rescind the transaction. In this case, your Order must pass our fraud prevention protocols before it will be fulfilled. If you do not provide the requested information within the required time frame or where we cannot verify your payment to our satisfaction, your Order will be cancelled and payment returned, if applicable, to the method you originally paid. These information requests are sent to help protect credit card holders from online fraud.

6 Delivery of products

  • Subject to these Terms, we will supply the products shown on your order confirmation.
  • Your order will be delivered to you by a third-party courier. Please read the Delivery section of the Website for delivery details, including where products can be delivered to.
  • We will use our reasonable endeavours to meet stated timeframes for delivery. However, many factors can affect this timeframe and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.
  • The Delivery Terms & Conditions (available at the Delivery section of the Website) form part of these Terms.

7 Returns, refunds and exchanges

7.1 Change of mind returns, refunds and exchanges

  • We are not responsible for, and do not offer refunds or exchanges:
  • where you have changed your mind and no longer wish to purchase the product(s) you have ordered; or
  • where you have made mistakes or errors when finalising your order. This includes, without limitation, any spelling, typographical or grammatical errors, order quantity errors, or providing us with an incorrect delivery address.
  • At our election and subject to clause 7.1(c) below, we may allow a refund, exchange (for the same product) or credit on a case-by-case basis for returns provided that the product in question is:
  • returned (at your expense) within 14 days of you receiving your order;
  • not used (with original packaging); and
  • not damaged in any way.
  • Refunds, exchanges or credits will not be provided on the following types of products unless the product fails to meet a consumer guarantee:
  • perishable goods such as food or flowers;
  • alcohol;
  • newspapers or magazines;
  • products that are intimate or sanitary goods;
  • some health and personal care items;
  • hazardous materials, or flammable liquids or gases; and
  • downloadable software products.

7.2 Your statutory rights – repairs and refunds

  • The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict or modify.

 

  • As outlined more fully in the Australian Consumer Law, if a product we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the product to us, and we must provide you with a full refund or replacement (at your election) within a reasonable time. Alternatively, you may (at your election) choose to keep the product and recover from us the difference between the price you paid for the product and the value of the product.
  • As outlined more fully in the Australian Consumer Law, if a product we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the product to us and ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:
  • repairing the goods;
  • replacing the goods; or
  • providing a full refund including the delivery fee.

7.3 Returns / faulty or damaged products

  • You should check your products as soon as they are delivered to you in order to ensure that:
  • they are what you ordered; and
  • they are not damaged or faulty.

If this is not the case you should contact us as soon as possible at marketplace@bne.com.au.

  • In the event that we advise you to return your product to us:
  • mail the product to: Brisbane Airport Corporation Pty Ltd, 11 The Circuit, Brisbane Airport, QLD 4008; and
  • provide us with your proof of purchase.
  • Unless the product we supply to you fails to meet a statutory guarantee, you will be responsible for paying for your own shipping costs for returning your products. You should consider using a trackable shipping service or purchase shipping insurance. We cannot guarantee that we will receive your returned product.
  • You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the products themselves.

7.4 Refunds of your money (if applicable)

  • Once your return has been received and inspected by us, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund, in accordance with these Terms.
  • Where we are obliged to refund your payment pursuant to these Terms, we aim to initiate your refund within 2 business days. The credit will be applied to your original method of payment. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. For late or missing refunds, please check your bank account, and contact your financial institution in the first instance. If you have still not received your refund, please contact us at marketplace@bne.com.au.
  • Please note that if we are obliged to provide you a partial refund of your payment for specific products in your order, we will only refund the component of the delivery charge relating to the products which are subject to the refund. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8 Termination

  • To the extent permitted by law (including the Australian Consumer Law), we reserve the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:
  • restrict, suspend or terminate your access to all or any part of the Website (including your account, if applicable) temporarily or permanently; and
  • if you have an account, terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently,

and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

  • Privacy
  • How we use your personal information

We will collect personal information about you when you use the Website and / or purchase products from us.

We will handle all personal information we collect from you in accordance with these Terms and our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL). By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in these Terms and our Privacy Policy.  If you do not agree, you should not provide your personal information to us and should not use our Website.

  • Collection notice


Why we collect personal information

We collect and use your personal information to provide you with products and services, to enable us to fulfil our obligations under any contract with you, to screen our orders for risk or fraud, for our business operations and to comply with the law.

What we collect

During our relationship with you, we may collect personal information such as your name, contact details, mailing and delivery addresses, email address, shopping or browsing behaviours, voice recording (from customer service calls) and any other information you provide to us when interacting with our Website and us. We may also collect information about you from third-party sources and platforms (including web platform providers, data validation services, authentication service providers, social networking sites, online marketing and segmentation providers and ad targeting companies) to supplement the information we collect directly from you.

If you provide us with personal information relating to someone else, you represent to us that you have obtained the consent of that individual to provide us with their personal information for the purpose.


Who we share your information with

We share your information with persons, companies or other entities who perform functions or services on our behalf, such as our suppliers, payment processors, logistics providers (including for order fulfillment and couriers), service providers who provide operational services to us (including online cloud storage and processing, fraud detection and monitoring, marketing optimisation, IT services and telecommunications, customer analysis or tracking, security and other relevant services), professional advisors and where otherwise required by law.

It is possible that some of the information collected may be disclosed to service providers outside of Australia including, but not limited to, those with operations in the United States of America, Canada, Ireland and Singapore. We ask that these service providers hold, use and disclose your personal information securely and in accordance with the Australian Privacy Act and/or other relevant privacy laws.


Transfer to overseas recipients

Whilst we make every reasonable effort to ensure your personal information is protected, some of the jurisdictions in which these third parties are located may have less protective privacy and data protections laws than Australia. By using this website you expressly consent to the disclosure of your personal information to our service providers with operations located overseas and understand that we are not obliged to take reasonable steps to ensure they do not breach the Australian Privacy Principles and you will not be able to seek redress under the Australian Privacy Act.


Marketing

If you have opted in to receive updates and exclusive offers about products and services (Promotional Communications) we also use your personal information for marketing, research, profiling and analytics purposes. For example, we and/or our partners may use your personal information to determine which products and services you may be interested in, to provide you with targeted offers and notifications, to operate and improve the Website and your user experience and to improve the function and performance of our products and services. 

You may receive Promotional Communications from us by SMS, email, via third party channels (such as Facebook or Google) or as push notifications on your device.  You can unsubscribe from receiving Promotional Communications at any time by visiting www.bne.com.au/unsubscribe or by replying STOP to an SMS.

Third-party links

The Website may include links to third-party websites, plug-ins and applications (Linked Services). Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these Linked Services and are not responsible for their privacy statements. When you leave our Website, we encourage you to read the privacy notice of every website you visit.  Read more about Linked Services in our Terms of Use at https://www.bne.com.au/passenger/terms-use).


Our Privacy Policy

Our Privacy Policy available at https://www.bne.com.au/passenger/privacy-policy (including the Privacy Collection Statement for Customers available at the same URL) tells you how we usually collect, use and disclose your personal information and how you can ask for access to it or seek correction of it. Our Privacy Policy also contains information about how you can make a complaint and how we will deal with such a complaint. If you would like further information about our privacy policies or practices, please contact our Privacy Officer using the contact details contained in our Privacy Policy.

10 Intellectual property rights

 

  • Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all of the material (including all text, graphics, logos, audio and software) made available on the Website (Content).
  • Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or the Content. However we do grant you a licence to access the Website and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us. All other use of this Website and the Content is prohibited, except to the extent permitted by law.
  • Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.

11 No commercial use

  • This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained within this Website. You may not use the Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

12 Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • impersonate or falsely claim to represent a person or organisation;
  • using the Website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;
  • using data mining, gathering or extraction tools; and
  • otherwise interfering with the operation of the Website.

13 Warranties and disclaimers

  • In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the operation of the Australian Consumer Law. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
  • To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
  • We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
  • Our Website may contain links to Linked Services. Linked Services are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on Linked Services and have no control over Linked Services. Read more about Linked Services in our Terms of Use at https://www.bne.com.au/passenger/terms-use).
  • We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

14 Liability

  • To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered by you in connection with your use of the products we supply to you, or your use of our Website and / or the information or materials contained on it, or as a result of the inaccessibility of this Website and / or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

15 General

  • These Terms constitute the entire agreement between us and you with respect to your use of the Website and / or ordering of products.
  • Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
  • If we do not exercise or enforce any right or provision under these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms will only be effective if it is in writing and signed by us.
  • These Terms are governed by the law of Queensland and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Queensland.
  • Questions about the Terms should be sent to us at marketplace@bne.com.au.